| 1 | 1 | | 81R8349 SJM-D |
|---|
| 2 | 2 | | By: Raymond H.B. No. 4547 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the requirements of a bail bond. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Article 17.08, Code of Criminal Procedure, is |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | Art. 17.08. REQUISITES OF A BAIL BOND. A bail bond must |
|---|
| 12 | 12 | | contain the following requisites: |
|---|
| 13 | 13 | | 1. That it be made payable to "The State of Texas"; |
|---|
| 14 | 14 | | 2. That the defendant and his sureties, if any, bind |
|---|
| 15 | 15 | | themselves that the defendant will appear before the proper court |
|---|
| 16 | 16 | | or magistrate to answer the accusation against him; |
|---|
| 17 | 17 | | 3. If the defendant is charged with a felony, that it state |
|---|
| 18 | 18 | | that he is charged with a felony. If the defendant is charged with a |
|---|
| 19 | 19 | | misdemeanor, that it state that he is charged with a misdemeanor; |
|---|
| 20 | 20 | | 4. That the bond be signed by name or mark by the principal |
|---|
| 21 | 21 | | and sureties, if any, each of whom shall write thereon his mailing |
|---|
| 22 | 22 | | address; |
|---|
| 23 | 23 | | 5. That the bond state the time and place, when and where the |
|---|
| 24 | 24 | | accused binds himself to appear, and the court or magistrate before |
|---|
| 25 | 25 | | whom he is to appear. The bond shall also bind the defendant to |
|---|
| 26 | 26 | | appear before any court or magistrate before whom the cause may |
|---|
| 27 | 27 | | thereafter be pending at any time when, and place where, his |
|---|
| 28 | 28 | | presence may be required under this Code or by any court or |
|---|
| 29 | 29 | | magistrate, but in no event shall the sureties be bound after the |
|---|
| 30 | 30 | | earlier of: |
|---|
| 31 | 31 | | (A) the date [such time as] the defendant receives an |
|---|
| 32 | 32 | | order of deferred adjudication or is acquitted, sentenced, placed |
|---|
| 33 | 33 | | on community supervision, or dismissed from the charge; or |
|---|
| 34 | 34 | | (B) the date the bond expires; |
|---|
| 35 | 35 | | 6. The bond shall also be conditioned that the principal and |
|---|
| 36 | 36 | | sureties, if any, will pay all necessary and reasonable expenses |
|---|
| 37 | 37 | | incurred by any and all sheriffs or other peace officers in |
|---|
| 38 | 38 | | rearresting the principal in the event he fails to appear before the |
|---|
| 39 | 39 | | court or magistrate named in the bond at the time stated therein. |
|---|
| 40 | 40 | | The amount of such expense shall be in addition to the principal |
|---|
| 41 | 41 | | amount specified in the bond. The failure of any bail bond to |
|---|
| 42 | 42 | | contain the conditions specified in this paragraph shall in no |
|---|
| 43 | 43 | | manner affect the legality of any such bond, but it is intended that |
|---|
| 44 | 44 | | the sheriff or other peace officer shall look to the defendant and |
|---|
| 45 | 45 | | his sureties, if any, for expenses incurred by him, and not to the |
|---|
| 46 | 46 | | State for any fees earned by him in connection with the rearresting |
|---|
| 47 | 47 | | of an accused who has violated the conditions of his bond; |
|---|
| 48 | 48 | | 7. The bond must state an expiration date of not later than |
|---|
| 49 | 49 | | the third anniversary of the date the principal signed the bond. |
|---|
| 50 | 50 | | The expiration date of the bond may be extended for successive |
|---|
| 51 | 51 | | one-year periods on motion of the defendant and, for a surety bond, |
|---|
| 52 | 52 | | on submission of an affidavit for renewal that is signed by each |
|---|
| 53 | 53 | | surety on the bond. |
|---|
| 54 | 54 | | SECTION 2. Section 1, Article 17.09, Code of Criminal |
|---|
| 55 | 55 | | Procedure, is amended to read as follows: |
|---|
| 56 | 56 | | Sec. 1. Where a defendant, in the course of a criminal |
|---|
| 57 | 57 | | action, gives bail before any court or person authorized by law to |
|---|
| 58 | 58 | | take same, for the defendant's [his] personal appearance before a |
|---|
| 59 | 59 | | court or magistrate, to answer a charge against the defendant |
|---|
| 60 | 60 | | [him], the [said] bond shall be, for the period specified by the |
|---|
| 61 | 61 | | bond, valid and binding on [upon] the defendant and the defendant's |
|---|
| 62 | 62 | | [his] sureties, if any, thereon, for the defendant's personal |
|---|
| 63 | 63 | | appearance before the court or magistrate designated therein, as |
|---|
| 64 | 64 | | well as before any other court to which same may be transferred, and |
|---|
| 65 | 65 | | for any and all subsequent proceedings related [had relative] to |
|---|
| 66 | 66 | | the charge, and each [such] bond shall be so conditioned except as |
|---|
| 67 | 67 | | hereinafter provided. |
|---|
| 68 | 68 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 69 | 69 | | to a bail bond that is executed on or after the effective date of |
|---|
| 70 | 70 | | this Act. A bail bond executed before the effective date of this |
|---|
| 71 | 71 | | Act is governed by the law in effect at the time the bail bond was |
|---|
| 72 | 72 | | executed, and the former law is continued in effect for that |
|---|
| 73 | 73 | | purpose. |
|---|
| 74 | 74 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|