| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain procedures in connection with a bond |
|
|
forfeiture. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 17.19, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) Subject to Subsection (a-1), a [Any] surety that wants[, |
|
|
desiring] to surrender the surety's [his] principal and has |
|
|
notified [after notifying] the principal's attorney, if the |
|
|
principal is represented by an attorney, in a manner provided by |
|
|
Rule 21a, Texas Rules of Civil Procedure, of the surety's intention |
|
|
to surrender the principal, may file an affidavit of that [such] |
|
|
intention before the court or magistrate before which the |
|
|
prosecution is pending. The affidavit must state: |
|
|
(1) the court and cause number of the case; |
|
|
(2) the name of the defendant; |
|
|
(3) the offense with which the defendant is charged; |
|
|
(4) the date of the bond; |
|
|
(5) the cause for the surrender; and |
|
|
(6) that notice of the surety's intention to surrender |
|
|
the principal has been given as required by this subsection and |
|
|
Subsection (a-1), if applicable. |
|
|
(a-1) If the offense with which the defendant is charged is |
|
|
classified as a felony under the Penal Code, in addition to |
|
|
satisfying the requirements provided by Subsection (a), a surety |
|
|
must, before filing the affidavit described by that subsection, |
|
|
notify the attorney representing the state with jurisdiction in the |
|
|
case of the surety's intention to surrender the principal. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |