82R22138 SJM-F
By: Fletcher H.B. No. 1686
Substitute the following for H.B. No. 1686:
By: Gallego C.S.H.B. No. 1686
A BILL TO BE ENTITLED
AN ACT
relating to the discharge of a surety's liability on a bail bond in
a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.09. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS;
NEW BAIL
Sec. 1. Where a defendant, in the course of a criminal
action, gives bail before any court or person authorized by law to
take same, for the defendant's [his] personal appearance before a
court or magistrate, to answer a charge against the defendant
[him], the [said] bond shall be valid and binding on [upon] the
defendant and the defendant's [his] sureties, if any, thereon, for
the defendant's personal appearance before the court or magistrate
designated therein, as well as before any other court to which same
may be transferred, and for any and all subsequent proceedings
related [had relative] to the charge, and each [such] bond shall be
[so] conditioned as described by this section, except as otherwise
[hereinafter] provided by this article.
Sec. 2. When a defendant has once given bail for the
defendant's [his] appearance in answer to a criminal charge, the
defendant may [he shall] not be required to give another bond in the
course of the same criminal action except as otherwise [herein]
provided by this article.
Sec. 3. If [Provided that whenever], during the course of
the action, the judge or magistrate in whose court the [such] action
is pending finds that the bond is defective, excessive, or
insufficient in amount, or that the sureties, if any, are not
acceptable, or for any other good and sufficient cause, the [such]
judge or magistrate may, either in term-time or in vacation, order
the accused to be rearrested[,] and require the accused to give
another bond in an [such] amount that [as] the judge or magistrate
considers [may deem] proper. When the subsequent [such] bond is
[so] given and approved by the judge or magistrate, the defendant
shall be released from custody.
Sec. 4. (a) The judge or magistrate in whose court the
criminal action is pending shall discharge a surety's liability on
a bond if the surety:
(1) files with the judge or magistrate an affidavit
stating that:
(A) more than five years have elapsed since the
date on which the surety posted the bond;
(B) the surety no longer wishes to be a surety on
the bond; and
(C) the surety will give the prosecuting attorney
notice of the affidavit; and
(2) gives the prosecuting attorney the notice
described by Subdivision (1)(C).
(b) If the judge or magistrate discharges a surety's
liability under Subsection (a) and an indictment or information
remains pending against the defendant, the judge or magistrate
shall issue a capias for the defendant.
Sec. 5. Notwithstanding any other provision of this
article, the judge or magistrate in whose court a criminal action is
pending may not order the accused to be rearrested or require the
accused to give another bond in a higher amount because the accused:
(1) withdraws a waiver of the right to counsel; or
(2) requests the assistance of counsel, appointed or
retained.
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 is executed before the effective date of
this Act is governed by the law in effect on the date the bail bond
was executed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.