Texas 2011 - 82nd Regular

Texas Senate Bill SB877 Compare Versions

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1	1	By: Hinojosa S.B. No. 877
2	2	(Gallego)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a verification of the incarceration of an accused
8	8	person in a criminal case for the purpose of discharging a surety's
9	9	liability on a bail bond.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 17.16, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR
14	14	INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF
15	15	INCARCERATION. (a) A surety may before forfeiture relieve the
16	16	surety [himself] of the surety's [his] undertaking by:
17	17	(1) surrendering the accused into the custody of the
18	18	sheriff of the county where the prosecution is pending; or
19	19	(2) delivering to the sheriff of the county in which
20	20	[where] the prosecution is pending and to the office of the
21	21	prosecuting attorney an affidavit stating that the accused is
22	22	incarcerated in federal custody, in the custody of any state, or in
23	23	any county of this state.
24	24	(b) On receipt of an affidavit described by Subsection
25	25	(a)(2), the sheriff of the county in which the prosecution is
26	26	pending shall verify whether the accused is incarcerated as stated
27	27	in the affidavit. If the sheriff verifies the statement in the
28	28	affidavit, the sheriff shall notify the magistrate before which the
29	29	prosecution is pending of the verification.
30	30	(c) On a verification described by this article, the sheriff
31	31	shall place a detainer against the accused with the appropriate
32	32	officials in the jurisdiction in which the accused is incarcerated.
33	33	On receipt of notice of a verification described by this article,
34	34	the magistrate before which the prosecution is pending shall direct
35	35	the clerk of the court to issue a capias for the arrest of the
36	36	accused, except as provided by Subsection (d).
37	37	(d) A capias for the arrest of the accused is not required
38	38	if:
39	39	(1) a warrant has been issued for the accused's arrest
40	40	and remains outstanding; or
41	41	(2) the issuance of a capias would otherwise be
42	42	unnecessary for the purpose of taking the accused into custody.
43	43	(e) For the purposes of Subsection (a)(2) of this article,
44	44	the bond is discharged and the surety is absolved of liability on
45	45	the bond on the [sheriff's] verification of the incarceration of
46	46	the accused.
47	47	(f) An affidavit described by Subsection (a)(2) and the
48	48	documentation of any verification obtained under Subsection (b)
49	49	must be:
50	50	(1) filed in the court record of the underlying
51	51	criminal case in the court in which the prosecution is pending or,
52	52	if the court record does not exist, in a general file maintained by
53	53	the clerk of the court; and
54	54	(2) delivered to the office of the prosecuting
55	55	attorney.
56	56	(g) A surety is liable for all reasonable and necessary
57	57	expenses incurred in returning the accused into the custody of the
58	58	sheriff of the county in which the prosecution is pending.
59	59	SECTION 2. The change in law made by this Act to Article
60	60	17.16, Code of Criminal Procedure, applies only to a bail bond that
61	61	is executed on or after the effective date of this Act. A bail bond
62	62	executed before the effective date of this Act is governed by the
63	63	law in effect when the bail bond was executed, and the former law is
64	64	continued in effect for that purpose.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2011.