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A BILL TO BE ENTITLED
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AN ACT
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relating to the deduction of a fee from certain funds withdrawn from |
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a court registry in certain criminal cases. |
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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". A "bail bond" is a |
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written undertaking entered into by the defendant and the |
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defendant's sureties for the appearance of the principal therein |
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before a court or magistrate to answer a criminal accusation; |
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provided, however, that the defendant on execution of the bail bond |
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may deposit with the custodian of funds of the court in which the |
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prosecution is pending current money of the United States in the |
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amount of the bond in lieu of having sureties signing the same. Any |
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cash funds deposited under this article shall be receipted for by |
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the officer receiving the funds and, on order of the court, be |
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refunded in the amount shown on the face of the receipt less the |
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administrative fee authorized by Section 117.055, Local Government |
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Code, if applicable, after the defendant complies with the |
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conditions of the defendant's bond, to: |
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(1) any person in the name of whom a receipt was |
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issued, including the defendant if a receipt was issued to the |
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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. Section 117.055, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), to [To] |
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compensate the county for the accounting and administrative |
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expenses incurred in handling the registry funds that have not |
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earned interest, including funds in a special or separate account, |
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the clerk shall, at the time of withdrawal, deduct from the amount |
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of the withdrawal a fee in an amount equal to five percent of the |
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withdrawal but that may not exceed $50. Withdrawal of funds |
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generated from a case arising under the Family Code is exempt from |
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the fee deduction provided by this section. |
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(a-1) A clerk may not deduct a fee under Subsection (a) from |
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a withdrawal of funds generated by the collection of a cash bond or |
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cash bail bond if in the case for which the bond was taken: |
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(1) the defendant was found not guilty after a trial or |
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appeal; or |
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(2) the complaint, information, or indictment was |
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dismissed without a plea of guilty or nolo contendere being |
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entered. |
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(a-2) On the request of a person to whom withdrawn funds |
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generated by the collection of a cash bond or cash bail bond were |
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disbursed, the clerk shall refund to the person the amount of the |
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fee deducted under Subsection (a) if: |
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(1) subsequent to the deduction, a court makes or |
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enters an order or ruling in the case for which the bond was taken; |
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and |
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(2) had the court made or entered the order or ruling |
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before the withdrawal of funds occurred, the deduction under |
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Subsection (a) would have been prohibited under Subsection (a-1). |
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SECTION 3. The changes in law made by this Act apply only to |
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a withdrawal of funds from a court registry under Section 117.055, |
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Local Government Code, as amended by this Act, made on or after the |
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effective date of this Act. A withdrawal of funds from a court |
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registry made before the effective date of this Act is governed by |
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the law in effect on the date the withdrawal was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |