By: Davis of Dallas (Senate Sponsor - Whitmire) H.B. No. 1658
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Criminal Justice; May 17, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 17, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1658 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the refund of a cash bond to a defendant in a criminal
case.
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 a [some] court or magistrate to answer a criminal
accusation; provided, however, that the defendant on [upon]
execution of the [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 [Article] shall be receipted for by the officer receiving
the funds [same] and, on order of the court, [shall] be refunded,
after [to] the defendant [if and when the defendant] complies with
the conditions of the defendant's [his] bond, to:
(1) any person in the name of whom a receipt was
issued, in the amount reflected on the face of the receipt,
including the defendant if a receipt was issued to the defendant; or
(2) the defendant, if no other person is able to
produce a receipt for the funds[, and upon order of the court].
SECTION 2. The change in law made by this Act applies only
to a cash bond that is executed on or after the effective date of
this Act. A cash bond executed before the effective date of this
Act is governed by the law in effect when the cash bond was
executed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.
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