| 1 | 1 | | By: Whitmire S.B. No. 878 |
|---|
| 2 | 2 | | (In the Senate - Filed February 23, 2011; March 1, 2011, |
|---|
| 3 | 3 | | read first time and referred to Committee on Criminal Justice; |
|---|
| 4 | 4 | | April 14, 2011, reported favorably by the following vote: Yeas 6, |
|---|
| 5 | 5 | | Nays 0; April 14, 2011, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to a defendant's release on a personal bond or bail bond. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Article 17.02, Code of Criminal Procedure, is |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
|---|
| 15 | 15 | | written undertaking entered into by the defendant and the |
|---|
| 16 | 16 | | defendant's [his] sureties for the appearance of the principal |
|---|
| 17 | 17 | | therein before a [some] court or magistrate to answer a criminal |
|---|
| 18 | 18 | | accusation; provided, however, that the defendant on [upon] |
|---|
| 19 | 19 | | execution of the [such] bail bond may deposit with the custodian of |
|---|
| 20 | 20 | | funds of the court in which the prosecution is pending current money |
|---|
| 21 | 21 | | of the United States in the amount of the bond in lieu of having |
|---|
| 22 | 22 | | sureties signing the same. A court or magistrate may not authorize |
|---|
| 23 | 23 | | a defendant or a person acting on the defendant's behalf to deposit |
|---|
| 24 | 24 | | cash in an amount that is less than the full amount of the bail set |
|---|
| 25 | 25 | | by the court or magistrate. Any cash funds deposited under this |
|---|
| 26 | 26 | | article [Article] shall be receipted for by the officer receiving |
|---|
| 27 | 27 | | the funds [same] and shall be refunded to the defendant after [if |
|---|
| 28 | 28 | | and when] the defendant complies with the conditions of the |
|---|
| 29 | 29 | | defendant's [his] bond, and on [upon] order of the court. |
|---|
| 30 | 30 | | SECTION 2. Article 17.03, Code of Criminal Procedure, is |
|---|
| 31 | 31 | | amended by adding Subsection (a-1) to read as follows: |
|---|
| 32 | 32 | | (a-1) A court or magistrate may not require the deposit of |
|---|
| 33 | 33 | | money or any other security as a condition of bond for a defendant's |
|---|
| 34 | 34 | | release under this article. |
|---|
| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 39 | 39 | | Act takes effect September 1, 2011. |
|---|
| 40 | 40 | | * * * * * |
|---|