Bill Text: TX HB1748 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the refund of a cash bond to a defendant in a criminal case.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-04-05 - Reported favorably w/o amendment(s) [HB1748 Detail]

Download: Texas-2011-HB1748-Introduced.html

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82R7960 KEL-D
By: Kuempel H.B. No. 1748

A BILL TO BE ENTITLED
AN ACT
relating to the refund of a cash bond to a defendant in a criminal
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
written undertaking entered into by the defendant and the
defendant's [his] sureties for the appearance of the principal
therein before a [some] court or magistrate to answer a criminal
accusation; provided, however, that the defendant on [upon]
execution of the [such] bail bond may deposit with the custodian of
funds of the court in which the prosecution is pending current money
of the United States in the amount of the bond in lieu of having
sureties signing the same. Any cash funds deposited under this
article [Article] shall be receipted for by the officer receiving
the funds [same] and, on order of the court and except as otherwise
provided by this article, [shall] be refunded to the defendant
after the defendant [if and when the defendant] complies with the
conditions of the defendant's [his] bond[, and upon order of the
court]. For the purpose of paying any of the defendant's
outstanding fines, court costs, or amounts of restitution, a
defendant who filed a cash bond under this article but has not yet
complied with the conditions of the bond may, as part of a plea
bargain or deferred prosecution agreement, request the withholding
or assignment of all or an appropriate amount of any refund of the
deposited cash funds. Funds may not be withheld or assigned under
this article to pay attorney's fees owed by the defendant.
SECTION 2. The change in law made by this Act applies only
to a cash bond that is executed on or after the effective date of
this Act. A cash bond executed before the effective date of this
Act is governed by the law in effect when the cash bond was
executed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.