Texas 2011 82nd Regular

Texas House Bill HB3077 Introduced / Bill

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                    82R7377 SJM-F
 By: Gallego H.B. No. 3077


 A BILL TO BE ENTITLED
 AN ACT
 relating to a verification of the incarceration of an accused
 person in a criminal case for the purpose of discharging a surety's
 liability on a bail bond.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 17.16, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 17.16.  DISCHARGE OF LIABILITY; SURRENDER OR
 INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF
 INCARCERATION.  (a)  A surety may before forfeiture relieve the
 surety [himself] of the surety's [his] undertaking by:
 (1)  surrendering the accused into the custody of the
 sheriff of the county where the prosecution is pending; or
 (2)  delivering to the sheriff of the county where the
 prosecution is pending an affidavit stating that the accused is
 incarcerated in federal custody, in the custody of any state, or in
 any county of this state.
 (b)  On receipt of an affidavit described by Subsection
 (a)(2), the sheriff of the county where the prosecution is pending
 shall verify whether the accused is incarcerated as stated in the
 affidavit. If the sheriff verifies the statement in the affidavit,
 the sheriff shall:
 (1)  place a detainer against the accused with the
 appropriate officials in the jurisdiction in which the accused is
 incarcerated; and
 (2)  notify the court or magistrate before which the
 prosecution is pending of the sheriff's verification of the
 incarceration of the accused.
 (c)  On receipt of the sheriff's notification under
 Subsection (b)(2), the court or magistrate before which the
 prosecution is pending shall direct the clerk of the court to issue
 a capias for the arrest of the accused unless:
 (1)  a warrant has been issued for the accused's arrest
 and remains outstanding; or
 (2)  the issuance of a capias would otherwise be
 unnecessary for the purpose of taking the accused into custody.
 (d)  For the purposes of Subsection (a)(2) of this article,
 the bond is discharged and the surety is absolved of liability on
 the bond on the sheriff's verification of the incarceration of the
 accused.
 SECTION 2.  The change in law made by this Act to Article
 17.16, Code of Criminal Procedure, applies only to a bail bond that
 is executed on or after the effective date of this Act. A bail bond
 executed before the effective date of this Act is governed by the
 law in effect when the bail bond was executed, and the former law is
 continued in effect for that purpose.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2011.