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AN ACT
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relating to the verification of the incarceration of an accused |
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person in a criminal case for the purpose of discharging a surety's |
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liability on a bail bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.16(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A surety may before forfeiture relieve the surety of the |
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surety's undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff of the county in which |
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the prosecution is pending and to the office of the prosecuting |
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attorney an affidavit stating that the accused is incarcerated in: |
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(A) federal custody[, subject to Subsection |
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(a-1)]; |
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(B) the custody of any state; or |
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(C) any county of this state. |
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SECTION 2. Article 17.16(a-1), Code of Criminal Procedure, |
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is repealed. |
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SECTION 3. Article 17.16, Code of Criminal Procedure, as |
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amended by this Act, applies only to a bail bond that is executed on |
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or after the effective date of this Act. A bail bond executed |
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before the effective date of this Act is governed by the law in |
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effect on the date the bail bond was executed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2448 was passed by the House on April |
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27, 2021, by the following vote: Yeas 121, Nays 23, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2448 was passed by the Senate on May |
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27, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |