Bill Text: TX SB877 | 2011-2012 | 82nd Legislature | Enrolled
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-05-19 - Effective immediately [SB877 Detail]
Download: Texas-2011-SB877-Enrolled.html
S.B. No. 877 |
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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 of the county in which | ||
[ |
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prosecuting attorney 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 of the county in which 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 notify the magistrate before which the | ||
prosecution is pending of the verification. | ||
(c) On a verification described by this article, the sheriff | ||
shall place a detainer against the accused with the appropriate | ||
officials in the jurisdiction in which the accused is incarcerated. | ||
On receipt of notice of a verification described by this article, | ||
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, except as provided by Subsection (d). | ||
(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: | ||
(1) filed in the court record of the underlying | ||
criminal case in the court in which the prosecution is pending or, | ||
if the court record does not exist, in a general file maintained by | ||
the clerk of the court; and | ||
(2) delivered to the office of the prosecuting | ||
attorney. | ||
(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 877 passed the Senate on | ||
April 26, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 877 passed the House on | ||
May 5, 2011, by the following vote: Yeas 137, Nays 9, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |