81R9301 SJM-D
By: Morrison H.B. No. 2423
A BILL TO BE ENTITLED
AN ACT
relating to the procedures governing certain bail bonds.
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 some court or magistrate to answer a criminal
accusation; provided, however, that, on execution of the bail bond,
the defendant or another person on behalf of the defendant [upon
execution of 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 shall be receipted for by the officer receiving the same
and, on order of the court, shall be refunded to the person who made
the deposit [defendant] if and when the defendant complies with the
conditions of the defendant's [his] bond [, and upon order of the
court].
SECTION 2. The change in law made by this Act applies only
to a bail bond that is executed on or after the effective date of
this Act. A bail bond that was 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, 2009.