LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 2, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to require a judge or a magistrate in whose court a criminal action is pending to discharge a suretys liability on a bond if the surety files an affidavit stating more than five years have expired since the surety posted the bond; the surety wants to be removed; and the surety provides the prosecuting attorney notice of the affidavit. A judge or magistrate that discharges a surety's liability and an indictment or information is pending against the defendant, would be required to issue a capias for the defendant. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, ESi, TP, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 2, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted
HB1686 by Fletcher (Relating to the discharge of a surety's liability on a bail bond in a criminal case. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to require a judge or a magistrate in whose court a criminal action is pending to discharge a suretys liability on a bond if the surety files an affidavit stating more than five years have expired since the surety posted the bond; the surety wants to be removed; and the surety provides the prosecuting attorney notice of the affidavit. A judge or magistrate that discharges a surety's liability and an indictment or information is pending against the defendant, would be required to issue a capias for the defendant. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, ESi, TP, TB
JOB, ESi, TP, TB