By: Hinojosa S.B. No. 877
(Gallego)
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 in which
[where] the prosecution is pending and to the office of the
prosecuting attorney 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 in which 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 notify the magistrate before which the
prosecution is pending of the verification.
(c) On a verification described by this article, the sheriff
shall place a detainer against the accused with the appropriate
officials in the jurisdiction in which the accused is incarcerated.
On receipt of notice of a verification described by this article,
the magistrate before which the prosecution is pending shall direct
the clerk of the court to issue a capias for the arrest of the
accused, except as provided by Subsection (d).
(d) A capias for the arrest of the accused is not required
if:
(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.
(e) 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.
(f) An affidavit described by Subsection (a)(2) and the
documentation of any verification obtained under Subsection (b)
must be:
(1) filed in the court record of the underlying
criminal case in the court in which the prosecution is pending or,
if the court record does not exist, in a general file maintained by
the clerk of the court; and
(2) delivered to the office of the prosecuting
attorney.
(g) A surety is liable for all reasonable and necessary
expenses incurred in returning the accused into the custody of the
sheriff of the county in which the prosecution is pending.
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.