Bill Text: TX HB2467 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to the discharge of a surety's liability on a bail bond in a criminal case.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-14 - Referred to Criminal Jurisprudence [HB2467 Detail]

Download: Texas-2011-HB2467-Introduced.html

---

82R8911 SJM-F
By: Phillips H.B. No. 2467

A BILL TO BE ENTITLED
AN ACT
relating to the discharge of a surety's liability on a bail bond in
a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.16, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR
INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF
INCARCERATION. (a) A surety may before forfeiture relieve the
surety [himself] of the surety's [his] undertaking by:
(1) surrendering the accused into the custody of the
sheriff of the county where the prosecution is pending; or
(2) delivering to the sheriff, prosecuting attorney,
and clerk of the court of the county where the prosecution is
pending an affidavit stating that the accused is incarcerated in
federal custody, in the custody of any state, or in any county of
this state, except that the surety may not use the method provided
by this subdivision and must surrender the accused as described by
Subdivision (1) if the accused:
(A) is not a citizen or national of the United
States; and
(B) is unlawfully present in the United States
according to the terms of the Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
(b) On receipt of an affidavit described by Subsection
(a)(2), the sheriff of the county where the prosecution is pending
shall verify whether the accused is incarcerated as stated in the
affidavit. If the sheriff verifies the statement in the affidavit,
the sheriff shall present the affidavit to the court or magistrate
before which the prosecution is pending.
(c) On receipt of the verified affidavit under Subsection
(b), the court or magistrate before which the prosecution is
pending may direct the clerk of the court to issue a capias for the
arrest of the accused.
(d) For the purposes of Subsection (a)(2) [of this article],
the bond is discharged and the surety is absolved of liability on
the bond on the sheriff's verification of the incarceration of the
accused.
SECTION 2. The change in law made by this Act to Article
17.16, Code of Criminal Procedure, applies only to a bail bond that
is executed on or after the effective date of this Act. A bail bond
executed before the effective date of this Act is governed by the
law in effect when the bail bond was executed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.