| 1 | 1 | | By: Scott, et al. (Senate Sponsor - Hinojosa) H.B. No. 1070 |
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| 2 | 2 | | (In the Senate - Received from the House April 26, 2011; |
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| 3 | 3 | | April 27, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Administration; May 20, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 4, Nays 0; May 20, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the taking of a defendant's bail bond by county jailers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 17.025 to read as follows: |
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| 14 | 14 | | Art. 17.025. OFFICERS TAKING BAIL BOND. A jailer licensed |
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| 15 | 15 | | under Chapter 1701, Occupations Code, is considered to be an |
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| 16 | 16 | | officer for the purposes of taking a bail bond and discharging any |
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| 17 | 17 | | other related powers and duties under this chapter. |
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| 18 | 18 | | SECTION 2. Article 17.05, Code of Criminal Procedure, is |
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| 19 | 19 | | amended to read as follows: |
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| 20 | 20 | | Art. 17.05. WHEN A BAIL BOND IS GIVEN. A bail bond is |
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| 21 | 21 | | entered into either before a magistrate, upon an examination of a |
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| 22 | 22 | | criminal accusation, or before a judge upon an application under |
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| 23 | 23 | | habeas corpus; or it is taken from the defendant by a peace officer |
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| 24 | 24 | | or jailer if authorized by Article 17.20, 17.21, or 17.22. |
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| 25 | 25 | | SECTION 3. Article 17.20, Code of Criminal Procedure, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | Art. 17.20. BAIL IN MISDEMEANOR. In cases of misdemeanor, |
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| 28 | 28 | | the [The] sheriff[,] or other peace officer, or a jailer licensed |
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| 29 | 29 | | under Chapter 1701, Occupations Code [in cases of misdemeanor], |
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| 30 | 30 | | may, whether during the term of the court or in vacation, where the |
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| 31 | 31 | | officer [he] has a defendant in custody, take of the defendant a |
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| 32 | 32 | | bail bond. |
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| 33 | 33 | | SECTION 4. Article 17.21, Code of Criminal Procedure, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | Art. 17.21. BAIL IN FELONY. In cases of felony, when the |
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| 36 | 36 | | accused is in custody of the sheriff or other [peace] officer, and |
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| 37 | 37 | | the court before which the prosecution is pending is in session in |
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| 38 | 38 | | the county where the accused is in custody, the court shall fix the |
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| 39 | 39 | | amount of bail, if it is a bailable case and determine if the |
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| 40 | 40 | | accused is eligible for a personal bond; and the sheriff[,] or other |
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| 41 | 41 | | peace officer, unless it be the police of a city, or a jailer |
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| 42 | 42 | | licensed under Chapter 1701, Occupations Code, is authorized to |
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| 43 | 43 | | take a bail bond of the accused in the amount as fixed by the court, |
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| 44 | 44 | | to be approved by such officer taking the same, and will thereupon |
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| 45 | 45 | | discharge the accused from custody. The [It shall not be necessary |
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| 46 | 46 | | for the] defendant and the defendant's [or his] sureties are not |
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| 47 | 47 | | required to appear in court. |
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| 48 | 48 | | SECTION 5. Article 17.22, Code of Criminal Procedure, is |
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| 49 | 49 | | amended to read as follows: |
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| 50 | 50 | | Art. 17.22. MAY TAKE BAIL IN FELONY. In a felony case, if |
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| 51 | 51 | | the court before which the same is pending is not in session in the |
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| 52 | 52 | | county where the defendant is in custody, the sheriff[,] or other |
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| 53 | 53 | | peace officer, or a jailer licensed under Chapter 1701, Occupations |
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| 54 | 54 | | Code, who has the defendant [having him] in custody[,] may take the |
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| 55 | 55 | | defendant's [his] bail bond in such amount as may have been fixed by |
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| 56 | 56 | | the court or magistrate, or if no amount has been fixed, then in |
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| 57 | 57 | | such amount as such officer may consider reasonable. |
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| 58 | 58 | | SECTION 6. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2011. |
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| 63 | 63 | | * * * * * |
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