Texas Senate Bill SB881

Texas 2011 - 82nd Regular

• Introduced: 2/23/11
• Refer: 3/1/11

Caption

Relating to the liability of a criminal defendant and the defendant's sureties on a personal bond or bail bond.

Impact

The enactment of SB881 is set to influence how state law approaches bail obligations, ensuring consistent criteria for potential exoneration. By updating the legal framework within the Code of Criminal Procedure, the bill could affect the outcomes of bond forfeiture cases, possibly reducing the financial burdens placed on sureties and defendants in specific scenarios such as hospitalization or sudden incarceration. This change is anticipated to contribute to a more equitable treatment of defendants, taking into account situations beyond their control.

Summary

SB881 proposes updates to the liability of criminal defendants and their sureties associated with personal and bail bonds. The bill aims to clarify the circumstances under which a defendant and their sureties can be exonerated from liability upon bond forfeiture. It specifically details various situations such as the validity of the bond, circumstances that may prevent a defendant from appearing in court, and the implications of incarceration or deportation on the bond's enforceability. These modifications are expected to provide clearer guidance on the legal responsibilities of defendants and their sureties.

Sentiment

General sentiment around SB881 leans towards a positive perspective among legal professionals and advocacy groups that support clearer regulations in bail and bond laws. Supporters argue that the bill will enhance legal certainty and fairness for defendants who may otherwise be penalized for issues outside their control. However, some concerns were raised regarding the balance of accountability among defendants and their sureties, suggesting that while clarifications are beneficial, they should not undermine the overall responsibility toward compliance with court appearances.

Contention

Notable points of contention focus on the horizontal application of contractual liability for sureties in cases where defendants face circumstances such as death or deportation. The text of the bill stipulates that these factors contribute to exoneration from liability, which raises discussion about the potential consequences for sureties. Critics argue this might result in fewer incentives for exactly adhering to bond terms, which could lead to abuse of bail agreements, undermining the integrity of the bail system overall.