Texas 2011 - 82nd Regular

Texas House Bill HB3381 Compare Versions

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Old	New	Differences
1	1	82R12426 JRH-F
2	2	By: Fletcher H.B. No. 3381
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the circumstances under which a final judgment of bond
8	8	forfeiture may be reformed under a special bill of review.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 22.17, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 22.17. SPECIAL BILL OF REVIEW. (a) Not later than two
13	13	years after the date a final judgment is entered in a bond
14	14	forfeiture proceeding, the surety on the bond may file with the
15	15	court a special bill of review. A special bill of review may
16	16	include a request, on equitable grounds, that the final judgment be
17	17	reformed and that all or part of the bond amount be remitted to the
18	18	surety, after deducting the costs of court and[,] any reasonable
19	19	costs to the county for the return of the principal to that
20	20	jurisdiction[, and the interest accrued on the bond amount from the
21	21	date of forfeiture]. The court in its discretion may grant or deny
22	22	the bill in whole or in part.
23	23	(b) In determining whether to grant a request for a
24	24	reformation of the final judgment and a remittance under this
25	25	article, the court shall consider that the purpose of a bail bond is
26	26	to secure the presence of the principal for the disposition of
27	27	criminal charges and that a bail bond is not:
28	28	(1) a punishment;
29	29	(2) a substitute for a fine; or
30	30	(3) a method for generating revenue for a governmental
31	31	entity.
32	32	(c) In determining the amount of a remittance granted under
33	33	this article, the court may consider any of the following:
34	34	(1) the state's cost or inconvenience in regaining
35	35	custody of the principal;
36	36	(2) the impact of the delay caused by the principal's
37	37	failure to appear;
38	38	(3) the degree to which the principal intended to
39	39	breach the conditions of bond;
40	40	(4) the public interest in ensuring the principal's
41	41	appearance;
42	42	(5) any prejudice suffered by the state;
43	43	(6) any evidence introduced in a proceeding under this
44	44	article that was not introduced during the trial held under Article
45	45	22.14 and that would have exonerated the defendant and the
46	46	defendant's surety from liability under Article 22.13;
47	47	(7) the participation of the surety in the rearrest of
48	48	the principal; or
49	49	(8) any other relevant factor [For the purposes of
50	50	this article, interest accrues on the bond amount from the date of:
51	51	[(1) forfeiture to the date of final judgment in the
52	52	same manner and at the same rate as provided for the accrual of
53	53	prejudgment interest in civil cases; and
54	54	[(2) final judgment to the date of the order for
55	55	remittitur at the same rate as provided for the accrual of
56	56	postjudgment interest in civil cases].
57	57	SECTION 2. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2011.