LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 11, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2467 by Phillips (Relating to the discharge of a surety's liability on a bail bond in a criminal case.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to authorize a surety to relieve the surety of the suretys undertaking by delivering an affidavit to the prosecuting attorney and the county court clerk stating that the accused is incarcerated, unless the accused is not a United States citizen and is unlawfully present in the United States. The county sheriff would be required to verify the statement in the affidavit that the accused is incarcerated and submit the affidavit to the court or magistrate where the prosecution is pending. The court or magistrate would be authorized to direct the court clerk to issue a capias for the arrest of the accused upon receipt of the verified affidavit. The bill would take effect September 1, 2011. Local Government Impact There could be a fiscal impact depending on the number of sureties who relieve themselves of their liability and surrender individuals who are not citizens and are unlawfully present in the United States; however, the amount is unknown because the number of Release of Sureties is not tracked by a state agency. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards LBB Staff: JOB, ESi, TP, AI, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 11, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2467 by Phillips (Relating to the discharge of a surety's liability on a bail bond in a criminal case.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2467 by Phillips (Relating to the discharge of a surety's liability on a bail bond in a criminal case.), As Introduced
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
HB2467 by Phillips (Relating to the discharge of a surety's liability on a bail bond in a criminal case.), As Introduced
HB2467 by Phillips (Relating to the discharge of a surety's liability on a bail bond in a criminal case.), As Introduced
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 authorize a surety to relieve the surety of the suretys undertaking by delivering an affidavit to the prosecuting attorney and the county court clerk stating that the accused is incarcerated, unless the accused is not a United States citizen and is unlawfully present in the United States. The county sheriff would be required to verify the statement in the affidavit that the accused is incarcerated and submit the affidavit to the court or magistrate where the prosecution is pending. The court or magistrate would be authorized to direct the court clerk to issue a capias for the arrest of the accused upon receipt of the verified affidavit. The bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure to authorize a surety to relieve the surety of the suretys undertaking by delivering an affidavit to the prosecuting attorney and the county court clerk stating that the accused is incarcerated, unless the accused is not a United States citizen and is unlawfully present in the United States. The county sheriff would be required to verify the statement in the affidavit that the accused is incarcerated and submit the affidavit to the court or magistrate where the prosecution is pending. The court or magistrate would be authorized to direct the court clerk to issue a capias for the arrest of the accused upon receipt of the verified affidavit.
The bill would take effect September 1, 2011.
Local Government Impact
There could be a fiscal impact depending on the number of sureties who relieve themselves of their liability and surrender individuals who are not citizens and are unlawfully present in the United States; however, the amount is unknown because the number of Release of Sureties is not tracked by a state agency.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards
212 Office of Court Administration, Texas Judicial Council, 409 Commission on Jail Standards
LBB Staff: JOB, ESi, TP, AI, TB
JOB, ESi, TP, AI, TB