LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 20, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3077 by Gallego (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. ), 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 sheriff, prosecuting attorney, or clerk of the court to verify an affidavit from a surety stating the accused is in custody of another governmental entity before discharging the suretys liability on a bail bond. The bill would require a sheriff to place a detainer on the accused and notify both appropriate officials in the jurisdiction in which the accused is incarcerated and the court or magistrate for which prosecution is pending. The court or magistrate would then be required to issue a capias for the arrest of the accused if deemed necessary. The bill would take effect immediately if it receives a vote of two-thirds of all members elected to each house. If the bill does not receive the votes required to pass, the bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, JB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 20, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3077 by Gallego (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. ), 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: HB3077 by Gallego (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. ), 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
HB3077 by Gallego (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. ), Committee Report 1st House, Substituted
HB3077 by Gallego (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. ), 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 sheriff, prosecuting attorney, or clerk of the court to verify an affidavit from a surety stating the accused is in custody of another governmental entity before discharging the suretys liability on a bail bond. The bill would require a sheriff to place a detainer on the accused and notify both appropriate officials in the jurisdiction in which the accused is incarcerated and the court or magistrate for which prosecution is pending. The court or magistrate would then be required to issue a capias for the arrest of the accused if deemed necessary. The bill would take effect immediately if it receives a vote of two-thirds of all members elected to each house. If the bill does not receive the votes required to pass, the bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure to require a sheriff, prosecuting attorney, or clerk of the court to verify an affidavit from a surety stating the accused is in custody of another governmental entity before discharging the suretys liability on a bail bond. The bill would require a sheriff to place a detainer on the accused and notify both appropriate officials in the jurisdiction in which the accused is incarcerated and the court or magistrate for which prosecution is pending. The court or magistrate would then be required to issue a capias for the arrest of the accused if deemed necessary.
The bill would take effect immediately if it receives a vote of two-thirds of all members elected to each house. If the bill does not receive the votes required to pass, the bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: JOB, ESi, JB
JOB, ESi, JB