Texas Senate Bill SB909

Texas 2011 - 82nd Regular

• Introduced: 2/23/11
• Refer: 3/8/11

Caption

Relating to the discharge of a surety's liability on a bail bond in a criminal case.

Impact

The proposed changes are significant as they outline clearer procedures for sureties in managing their responsibilities concerning bail bonds. By establishing conditions under which sureties can discharge their liability, SB909 aims to reduce the financial burden on these individuals and provide a more structured approach to bail management. Importantly, it stipulates that the amendments apply solely to bail bonds executed after the bill's effective date, meaning existing bonds will be governed under previous laws, thereby preserving the rights of parties involved in already established agreements.

Summary

SB909 is a legislative proposal aimed at modifying the discharge of a surety's liability on bail bonds within the Texas criminal justice system. Specifically, the bill amends Article 17.16 of the Code of Criminal Procedure, allowing a surety to relieve themselves of liability under specific conditions during an ongoing prosecution. The new provisions enable sureties to surrender the accused to the county sheriff or submit an affidavit detailing the accused's incarceration elsewhere, thus providing a framework to release bond obligations prior to a failure to appear judgment being finalized.

Sentiment

The sentiment surrounding SB909 is largely supportive among sureties and bail bond companies, who see this as a necessary update to protect their interests and clarify their legal obligations. On the other hand, some legal experts and advocates express concerns over the potential for leniency that might be introduced, fearing it could undermine accountability for defendants. The discussion reflects an ongoing dialogue about balancing the need for an efficient bail process against the imperative of ensuring that all parties adhere to the judicial system's expectations.

Contention

Notable points of contention stem from the bill's implications for accountability in the bail system. Critics argue that by allowing sureties to potentially evade obligations more easily, the bill could foster environments where individuals fail to appear without consequence. Advocates for the bill counter that it strengthens the system by giving sureties viable options to manage their risk effectively and prevent unnecessary forfeiture, thus enabling a more just bail process.