Bill Text: TX HB3077 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to a verification of the incarceration of an accused person in a criminal case for the purpose of discharging a surety's liability on a bail bond.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-05-05 - Laid on the table subject to call [HB3077 Detail]
Download: Texas-2011-HB3077-Comm_Sub.html
| 82R17048 SJM-F | |||
| By: Gallego | H.B. No. 3077 | ||
| Substitute the following for H.B. No. 3077: | |||
| By: Aliseda | C.S.H.B. No. 3077 | ||
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| relating to a verification of the incarceration of an accused | ||
| person in a criminal case for the purpose of discharging a surety's | ||
| liability on a bail bond. | ||
| 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 [ |
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| (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, | ||
| or clerk of the court of the county in which [ |
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| 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. | ||
| (b) On receipt of an affidavit described by Subsection | ||
| (a)(2), the sheriff, prosecuting attorney, or clerk of the court of | ||
| the county in which the prosecution is pending shall verify whether | ||
| the accused is incarcerated as stated in the affidavit. If the | ||
| sheriff, attorney, or clerk verifies the statement in the | ||
| affidavit, the sheriff, attorney, or clerk, as applicable, shall: | ||
| (1) if the verification was made by the sheriff or | ||
| attorney, notify the magistrate before which the prosecution is | ||
| pending of the verification; or | ||
| (2) if the verification was made by the clerk or | ||
| attorney, notify the sheriff of the verification. | ||
| (c) On a verification or the receipt of notice of a | ||
| verification as described by this article: | ||
| (1) the sheriff shall place a detainer against the | ||
| accused with the appropriate officials in the jurisdiction in which | ||
| the accused is incarcerated; and | ||
| (2) except as provided by Subsection (d), the | ||
| magistrate before which the prosecution is pending shall direct the | ||
| clerk of the court to issue a capias for the arrest of the accused. | ||
| (d) A capias for the arrest of the accused is not required | ||
| if: | ||
| (1) a warrant has been issued for the accused's arrest | ||
| and remains outstanding; or | ||
| (2) the issuance of a capias would otherwise be | ||
| unnecessary for the purpose of taking the accused into custody. | ||
| (e) 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 [ |
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| the accused. | ||
| (f) An affidavit described by Subsection (a)(2) and the | ||
| documentation of any verification obtained under Subsection (b) | ||
| must be filed: | ||
| (1) in the court record of the underlying criminal | ||
| case in the court in which the prosecution is pending; or | ||
| (2) if the court record described by Subdivision (1) | ||
| does not exist, in a general file maintained by the clerk of the | ||
| court. | ||
| (g) A surety is liable for all reasonable and necessary | ||
| expenses incurred in returning the accused into the custody of the | ||
| sheriff of the county in which the prosecution is pending. | ||
| 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 immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
