Texas 2009 - 81st Regular

Texas Senate Bill SB498 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2226 KEL-D
2	2	By: Wentworth S.B. No. 498
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of a criminal defendant on partial bail and
8	8	to the procedures governing a cash bond.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.02, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND
13	13	AUTHORIZED. (a) A "bail bond" is a written undertaking entered
14	14	into by the defendant and the defendant's [his] sureties for the
15	15	appearance of the principal therein before some court or magistrate
16	16	to answer a criminal accusation; provided, however, that the
17	17	defendant upon execution of such bail bond may deposit with the
18	18	custodian of funds of the court in which the prosecution is pending
19	19	current money of the United States in the amount of the bond, or in a
20	20	lesser amount as provided by Article 17.025, in lieu of having
21	21	sureties signing the same.
22	22	(b) Any cash funds deposited under this Article or Article
23	23	17.025 shall be receipted for by the officer receiving those funds.
24	24	The officer shall deposit the funds in an interest-bearing account
25	25	established for purposes of this subsection. Interest on the
26	26	amount in the account may be retained by the county to cover the
27	27	costs of administering this subsection. In addition, the county may
28	28	impose a fee, not to exceed 10 percent of the amount deposited, to
29	29	cover those administrative costs. The officer shall refund the
30	30	amount deposited, less any amount retained under this subsection as
31	31	an administrative fee, [the same and shall be refunded] to the
32	32	defendant, or to another person to whom that amount is assigned by
33	33	the defendant in a signed written instrument filed with that
34	34	officer, [if and] when the defendant complies with the conditions
35	35	of the defendant's [his] bond, and upon order of the court.
36	36	SECTION 2. Chapter 17, Code of Criminal Procedure, is
37	37	amended by adding Article 17.025 to read as follows:
38	38	Art. 17.025. RELEASE ON BAIL IN PARTIAL AMOUNT. (a) A
39	39	magistrate may release a defendant on bail by permitting the
40	40	defendant to deposit an amount of cash bond or to submit a surety
41	41	bond in an amount that is less than the total amount of bail set in
42	42	the case if the magistrate determines that requiring the defendant
43	43	to deposit a cash bond or to procure a surety bond in the full amount
44	44	of bail will impose an unreasonable hardship on the defendant.
45	45	(b) Only the court before whom the case is pending may
46	46	release a defendant under this article if the defendant is a
47	47	defendant described by Article 17.03(b).
48	48	(c) A magistrate who releases a defendant under this article
49	49	may impose any conditions on the release that the magistrate could
50	50	impose if the defendant were released on personal bond.
51	51	(d) A release on bail in a partial amount is not a reduction
52	52	in bail for purposes of Article 17.091.
53	53	SECTION 3. Sections 41.258(b) and (f), Government Code, are
54	54	amended to read as follows:
55	55	(b) A court, judge, magistrate, peace officer, or other
56	56	officer taking a cash or surety [bail] bond for an offense other
57	57	than a misdemeanor punishable by fine only under Chapter 17, Code of
58	58	Criminal Procedure, shall require the payment of a $15 cost by each
59	59	person [surety] posting the cash or surety [bail] bond, as
60	60	applicable, provided the cost does not exceed $30 for all bail bonds
61	61	posted at that time for an individual and the cost is not required
62	62	on the posting of a personal [or cash] bond.
63	63	(f) A person [surety] paying a cost under Subsection (b) may
64	64	apply for and is entitled to a refund of the cost not later than the
65	65	181st day after the date the state declines to prosecute an
66	66	individual or the grand jury declines to indict an individual.
67	67	SECTION 4. (a) Section 103.027, Government Code, is
68	68	amended to conform to the amendments made to Section 103.022,
69	69	Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
70	70	Legislature, Regular Session, 2007, and is further amended to read
71	71	as follows:
72	72	Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
73	73	CODE. Fees and costs shall be paid or collected under the
74	74	Government Code as follows:
75	75	(1) filing a certified copy of a judicial finding of
76	76	fact and conclusion of law if charged by the secretary of state
77	77	(Sec. 51.905, Government Code) . . . $15;
78	78	(2) cost paid for [by] each cash or surety [posting the
79	79	bail] bond for an offense other than a misdemeanor punishable by
80	80	fine only under Chapter 17, Code of Criminal Procedure, for the
81	81	assistant [felony] prosecutor supplement fund and the fair defense
82	82	account (Sec. 41.258, Government Code) . . . $15, provided the cost
83	83	does not exceed $30 for all bail bonds posted at that time for an
84	84	individual and the cost is not required on the posting of a personal
85	85	[or cash] bond;
86	86	(3) to participate in a court proceeding in this
87	87	state, a nonresident attorney fee for civil legal services to the
88	88	indigent (Sec. 82.0361, Government Code) . . . $250 except as
89	89	waived or reduced under supreme court rules for representing an
90	90	indigent person;
91	91	(4) on a party's appeal of a final decision in a
92	92	contested case, the cost of preparing the original or a certified
93	93	copy of the record of the agency proceeding, if required by the
94	94	agency's rule, as a court cost (Sec. 2001.177, Government Code)
95	95	. . . as assessed by the court, all or part of the cost of
96	96	preparation;
97	97	(5) compensation to a referee in juvenile court in
98	98	Wichita County taxed as costs if the judge determines the parties
99	99	are able to pay the costs (Sec. 54.403, Government Code) . . . as
100	100	determined by the judge; and
101	101	(6) the expense of preserving the record as a court
102	102	cost in Brazos County if imposed on a party by the referring court
103	103	or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
104	104	(b) Section 103.022, Government Code, as amended by Chapter
105	105	36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007,
106	106	is repealed. Section 103.022, Government Code, as reenacted and
107	107	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
108	108	Regular Session, 2007, to reorganize and renumber that section,
109	109	continues in effect.
110	110	SECTION 5. The change in law made by this Act applies only
111	111	to a bail bond that is executed on or after the effective date of
112	112	this Act. A bail bond executed before the effective date of this
113	113	Act is governed by the law in effect when the bail bond was
114	114	executed, and the former law is continued in effect for that
115	115	purpose.
116	116	SECTION 6. This Act takes effect September 1, 2009.