LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

March 25, 2013

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	SB669 by Whitmire (Relating to the manner in which a bail bond or personal bond is forfeited and circumstances under which a final judgment of forfeiture may be reformed.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would define factors the court should consider when determining whether to grant a request for reformation and remittance of a final judgment on a bail bond.  When determining the amount of remittance, the court would consider: the state's cost in regaining custody of the principal; the impact of the delay caused by the principal's failure to appear; the public interest in ensuring the principal's appearance; any prejudice suffered by the state; evidence that would have exonerated the defendant and the surety from liability on the bond; the participation of the surety in the re-arrest of the principal; or any other relevant factor. 

The bill would also require waiting until 72 hours have elapsed since the defendant's name was called for a judgment to be entered.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

UP, ESi, SD, KKR