| 1 | 1 | | By: Harless, Canales (Senate Sponsor - Hinojosa) H.B. No. 1562 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 17, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to notice provided when a bail bond surety is in default. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 17.11, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Section 2 and adding Section 3 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 2. Provided, however, any person who has signed as a |
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| 16 | 16 | | surety on a bail bond and is in default thereon shall thereafter be |
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| 17 | 17 | | disqualified to sign as a surety so long as the person [he] is in |
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| 18 | 18 | | default on the [said] bond. It shall be the duty of the clerk of the |
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| 19 | 19 | | court where the [wherein such] surety is in default on a bail |
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| 20 | 20 | | bond[,] to notify in writing the sheriff, chief of police, or other |
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| 21 | 21 | | peace officer[,] of the [such] default. If a bail bond is taken for |
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| 22 | 22 | | an offense other than a Class C misdemeanor, the clerk of the court |
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| 23 | 23 | | where the surety is in default on the bond shall send notice of the |
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| 24 | 24 | | default by certified mail to the last known address of the surety. |
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| 25 | 25 | | Sec. 3. A surety is considered to be [shall be deemed] in |
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| 26 | 26 | | default from the time execution may be issued on a final judgment in |
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| 27 | 27 | | a bond forfeiture proceeding under the Texas Rules of Civil |
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| 28 | 28 | | Procedure, unless the final judgment is superseded by the posting |
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| 29 | 29 | | of a supersedeas bond. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act to Article |
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| 31 | 31 | | 17.11, Code of Criminal Procedure, applies only to a bail bond that |
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| 32 | 32 | | is executed on or after the effective date of this Act. A bail bond |
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| 33 | 33 | | executed before the effective date of this Act is governed by the |
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| 34 | 34 | | law in effect when the bail bond was executed, and the former law is |
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| 35 | 35 | | continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 37 | 37 | | * * * * * |
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