Texas Senate Bill SB877

Texas 2011 - 82nd Regular

• Introduced: 2/23/11
• Out of Senate Committee: 4/18/11
• Voted on by Senate: 4/26/11
• Refer: 3/1/11
• Out of House Committee: 5/4/11
• Report Pass: 4/18/11
• Voted on by House: 5/5/11
• Engrossed: 4/26/11
• Governor Action: 5/19/11
• Refer: 4/28/11
• Report Pass: 5/3/11
• Enrolled: 5/6/11
• Passed: 5/19/11

Caption

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.

Impact

The introduction of SB877 may significantly impact the efficiency and clarity in the management of bail bond procedures within Texas. By allowing sureties a clear and structured way to verify an accused person's incarceration, the bill aims to reduce ambiguity regarding bail bond responsibilities. This could change how cases are processed through the legal system, especially for cases involving various jurisdictions, by centralizing communication regarding an accused individual's status.

Summary

Senate Bill 877 addresses the verification of incarceration of accused individuals in criminal cases specifically for the purpose of discharging a surety’s liability on bail bonds. The bill amends Article 17.16 of the Code of Criminal Procedure to outline the process by which a surety can relieve themselves of their obligations under a bail bond prior to forfeiture. The proposed changes stipulate that a surety can submit an affidavit to the sheriff affirming that the accused is incarcerated in federal or state custody, leading to verification obligations for the sheriff designated by the county where the prosecution is pending.

Contention

Notably, discussions surrounding SB877 may involve tensions between different stakeholders in the criminal justice system. While proponents might argue that simplifying the process for relieving sureties of their obligations is beneficial, there could be concerns from advocacy groups about the potential for misuse of such provisions. The bill could also raise questions about the adequacy of verification procedures and the accountability of sheriffs in verifying incarceration claims, particularly if discrepancies arise during the verification process. Moreover, the bill's provisions for claims of liability and the timely processing of affidavits may lead to debates concerning efficiency versus rights of the accused.