| 1 | 1 | | 81R9301 SJM-D |
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| 2 | 2 | | By: Morrison H.B. No. 2423 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedures governing certain bail bonds. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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| 12 | 12 | | written undertaking entered into by the defendant and the |
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| 13 | 13 | | defendant's [his] sureties for the appearance of the principal |
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| 14 | 14 | | therein before some court or magistrate to answer a criminal |
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| 15 | 15 | | accusation; provided, however, that, on execution of the bail bond, |
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| 16 | 16 | | the defendant or another person on behalf of the defendant [upon |
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| 17 | 17 | | execution of such bail bond] may deposit with the custodian of funds |
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| 18 | 18 | | of the court in which the prosecution is pending current money of |
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| 19 | 19 | | the United States in the amount of the bond in lieu of having |
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| 20 | 20 | | sureties signing the same. Any cash funds deposited under this |
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| 21 | 21 | | Article shall be receipted for by the officer receiving the same |
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| 22 | 22 | | and, on order of the court, shall be refunded to the person who made |
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| 23 | 23 | | the deposit [defendant] if and when the defendant complies with the |
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| 24 | 24 | | conditions of the defendant's [his] bond [, and upon order of the |
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| 25 | 25 | | court]. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a bail bond that is executed on or after the effective date of |
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| 28 | 28 | | this Act. A bail bond that was executed before the effective date |
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| 29 | 29 | | of this Act is governed by the law in effect when the bail bond was |
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| 30 | 30 | | executed, and the former law is continued in effect for that |
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| 31 | 31 | | purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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