Texas 2011 - 82nd Regular

Texas House Bill HB3077 Compare Versions

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Old	New	Differences
1	1	82R17048 SJM-F
2	2	By: Gallego H.B. No. 3077
3	3	Substitute the following for H.B. No. 3077:
4	4	By: Aliseda C.S.H.B. No. 3077
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a verification of the incarceration of an accused
10	10	person in a criminal case for the purpose of discharging a surety's
11	11	liability on a bail bond.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 17.16, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR
16	16	INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF
17	17	INCARCERATION. (a) A surety may before forfeiture relieve the
18	18	surety [himself] of the surety's [his] undertaking by:
19	19	(1) surrendering the accused into the custody of the
20	20	sheriff of the county where the prosecution is pending; or
21	21	(2) delivering to the sheriff, prosecuting attorney,
22	22	or clerk of the court of the county in which [where] the prosecution
23	23	is pending an affidavit stating that the accused is incarcerated in
24	24	federal custody, in the custody of any state, or in any county of
25	25	this state.
26	26	(b) On receipt of an affidavit described by Subsection
27	27	(a)(2), the sheriff, prosecuting attorney, or clerk of the court of
28	28	the county in which the prosecution is pending shall verify whether
29	29	the accused is incarcerated as stated in the affidavit. If the
30	30	sheriff, attorney, or clerk verifies the statement in the
31	31	affidavit, the sheriff, attorney, or clerk, as applicable, shall:
32	32	(1) if the verification was made by the sheriff or
33	33	attorney, notify the magistrate before which the prosecution is
34	34	pending of the verification; or
35	35	(2) if the verification was made by the clerk or
36	36	attorney, notify the sheriff of the verification.
37	37	(c) On a verification or the receipt of notice of a
38	38	verification as described by this article:
39	39	(1) the sheriff shall place a detainer against the
40	40	accused with the appropriate officials in the jurisdiction in which
41	41	the accused is incarcerated; and
42	42	(2) except as provided by Subsection (d), the
43	43	magistrate before which the prosecution is pending shall direct the
44	44	clerk of the court to issue a capias for the arrest of the accused.
45	45	(d) A capias for the arrest of the accused is not required
46	46	if:
47	47	(1) a warrant has been issued for the accused's arrest
48	48	and remains outstanding; or
49	49	(2) the issuance of a capias would otherwise be
50	50	unnecessary for the purpose of taking the accused into custody.
51	51	(e) For the purposes of Subsection (a)(2) of this article,
52	52	the bond is discharged and the surety is absolved of liability on
53	53	the bond on the [sheriff's] verification of the incarceration of
54	54	the accused.
55	55	(f) An affidavit described by Subsection (a)(2) and the
56	56	documentation of any verification obtained under Subsection (b)
57	57	must be filed:
58	58	(1) in the court record of the underlying criminal
59	59	case in the court in which the prosecution is pending; or
60	60	(2) if the court record described by Subdivision (1)
61	61	does not exist, in a general file maintained by the clerk of the
62	62	court.
63	63	(g) A surety is liable for all reasonable and necessary
64	64	expenses incurred in returning the accused into the custody of the
65	65	sheriff of the county in which the prosecution is pending.
66	66	SECTION 2. The change in law made by this Act to Article
67	67	17.16, Code of Criminal Procedure, applies only to a bail bond that
68	68	is executed on or after the effective date of this Act. A bail bond
69	69	executed before the effective date of this Act is governed by the
70	70	law in effect when the bail bond was executed, and the former law is
71	71	continued in effect for that purpose.
72	72	SECTION 3. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2011.