Texas House Bill HB1686

Texas 2011 - 82nd Regular

• Out of House Committee: 5/3/11
• Introduced: 2/23/11
• Refer: 3/3/11
• Report Pass: 4/28/11

Caption

Relating to the discharge of a surety's liability on a bail bond in a criminal case.

Impact

The impact of HB 1686 could significantly alter how bail bonds are managed in Texas. By allowing sureties to withdraw their liability after a specified time, the bill may increase the responsibilities of courts to ensure that any pending charges are addressed satisfactorily following the discharge of liability. Furthermore, if the surety's liability is discharged while an indictment is still pending, the court is mandated to issue a capias for the defendant, reinforcing the legal obligation for the defendant's appearance despite the change in surety status.

Summary

House Bill 1686 relates to the discharge of a surety's liability on a bail bond in a criminal case. It introduces an amendment to Article 17.09 of the Code of Criminal Procedure that stipulates conditions under which a surety can be relieved of their liability. Specifically, it allows a surety to file an affidavit with the court stating that five years have elapsed since the bond was posted and that they no longer wish to remain liable under that bond, thereby initiating a process for liability discharge. Notably, the bill requires notification to the prosecuting attorney before such a discharge can take effect.

Contention

One notable point of contention is the potential implications for defendants who may be caught in limbo between the discharge of their surety and pending charges. Critics might argue that discharging a surety's liability adds complexity to the bail process and could unintentionally benefit those who are accused of serious crimes by removing financial oversight. Additionally, the provision that prevents requiring a higher bond amount due to an accused's changes in counsel may raise concerns regarding the equitable treatment of defendants in the judicial system.