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A BILL TO BE ENTITLED
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AN ACT
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relating to a special bill of review to reform a final judgment of |
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forfeiture of 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 22.17(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Not later than the fourth anniversary of [two years |
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after] the date a final judgment is entered in a bond forfeiture |
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proceeding, the surety on the bond may file with the court a special |
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bill of review. A special bill of review may include a request, on |
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equitable grounds, that the final judgment be reformed and that all |
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or part of the bond amount be remitted to the surety, after |
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deducting the costs of court, any reasonable costs to the county for |
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the return of the principal, and the interest accrued on the bond |
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amount from the date of forfeiture. The court in its discretion may |
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grant or deny the bill in whole or in part. |
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SECTION 2. Article 22.17(a), Code of Criminal Procedure, as |
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amended by this Act, applies only to a bail bond for which a final |
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judgment of forfeiture is entered on or after the effective date of |
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this Act. A bail bond for which a final judgment of forfeiture is |
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entered before the effective date of this Act is governed by the law |
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in effect on the date the judgment was entered, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |