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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a criminal defendant on partial bail and |
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to the procedures governing a cash bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND |
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AUTHORIZED. (a) A "bail bond" is a written undertaking entered |
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into by the defendant and the defendant's sureties for the |
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appearance of the principal therein before a court or magistrate to |
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answer a criminal accusation; provided, however, that the defendant |
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on execution of the bail bond may deposit with the custodian of |
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funds of the court in which the prosecution is pending current money |
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of the United States in the amount of the bond, or in a lesser amount |
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as provided by Article 17.026, in lieu of having sureties signing |
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the same. |
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(b) Any cash funds deposited under this article or Article |
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17.026 shall be receipted for by the officer receiving those [the] |
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funds. The officer shall deposit the funds in an interest-bearing |
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account established for purposes of this subsection. Interest on |
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the amount in the account may be retained by the county to cover the |
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costs of administering this subsection. In addition, the county |
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may impose a fee, not to exceed 10 percent of the amount deposited, |
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to cover those administrative costs. |
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(c) After [and, on order of the court, be refunded, after] |
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the defendant complies with the conditions of the defendant's bond |
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and on order of the court, the officer shall refund the amount |
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deposited, less any amount retained under Subsection (b) as an |
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administrative fee, to: |
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(1) any person in the name of whom a receipt was |
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issued, in the amount reflected on the face of the receipt, |
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including the defendant if a receipt was issued to the defendant; or |
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(2) the defendant, if no other person is able to |
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produce a receipt for the funds. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.026 to read as follows: |
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Art. 17.026. RELEASE ON BAIL IN PARTIAL AMOUNT. (a) A |
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magistrate may release a defendant on bail by permitting the |
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defendant to deposit an amount of cash bond or to submit a surety |
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bond in an amount that is less than the total amount of bail set in |
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the case if the magistrate determines that requiring the defendant |
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to deposit a cash bond or to procure a surety bond in the full amount |
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of bail will impose an unreasonable hardship on the defendant. |
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(b) Only the court before whom the case is pending may |
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release a defendant under this article if the defendant is a |
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defendant described by Article 17.03(b). |
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(c) A magistrate who releases a defendant under this article |
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may impose any conditions on the release that the magistrate could |
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impose if the defendant were released on personal bond. |
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(d) A release on bail in a partial amount is not a reduction |
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in bail for purposes of Article 17.091. |
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SECTION 3. Sections 41.258(b) and (f), Government Code, are |
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amended to read as follows: |
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(b) A court, judge, magistrate, peace officer, or other |
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officer taking a cash or surety [bail] bond for an offense other |
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than a misdemeanor punishable by fine only under Chapter 17, Code of |
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Criminal Procedure, shall require the payment of a $15 cost by each |
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person [surety] posting the cash or surety [bail] bond, as |
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applicable, provided the cost does not exceed $30 for all bail bonds |
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posted at that time for an individual and the cost is not required |
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on the posting of a personal [or cash] bond. |
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(f) A person [surety] paying a cost under Subsection (b) may |
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apply for and is entitled to a refund of the cost not later than the |
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181st day after the date the state declines to prosecute an |
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individual or the grand jury declines to indict an individual. |
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SECTION 4. Section 103.027(a), Government Code, is amended |
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to read as follows: |
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(a) Fees and costs shall be paid or collected under the |
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Government Code as follows: |
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(1) filing a certified copy of a judicial finding of |
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fact and conclusion of law if charged by the secretary of state |
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(Sec. 51.905, Government Code) . . . $15; |
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(2) cost paid for [by] each cash or surety [posting the
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bail] bond for an offense other than a misdemeanor punishable by |
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fine only under Chapter 17, Code of Criminal Procedure, for the |
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assistant prosecutor supplement fund and the fair defense account |
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(Sec. 41.258, Government Code) . . . $15, provided the cost does |
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not exceed $30 for all bail bonds posted at that time for an |
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individual and the cost is not required on the posting of a personal |
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[or cash] bond; |
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(3) to participate in a court proceeding in this |
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state, a nonresident attorney fee (Sec. 82.0361, Government Code) |
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. . . $250 except as waived or reduced under supreme court rules for |
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representing an indigent person; and |
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(4) on a party's appeal of a final decision in a |
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contested case, the cost of preparing the original or a certified |
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copy of the record of the agency proceeding, if required by the |
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agency's rule, as a court cost (Sec. 2001.177, Government Code) |
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. . . as assessed by the court, all or part of the cost of |
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preparation. |
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SECTION 5. The change in law made by this Act applies only |
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to a bail bond that is executed on or after the effective date of |
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this Act. A bail bond executed before the effective date of this |
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Act is governed by the law in effect when the bail bond was |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |