Texas House Bill HB76

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

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

Impact

The proposed changes in HB 76 could significantly impact how bail bonds are handled in the Texas criminal justice system. By allowing sureties a straightforward process to exit their responsibilities, this bill could alleviate the burden on sureties who feel their obligations are outdated or unnecessary. It could also contribute to a more efficient judicial process by reducing the number of outstanding bonds that need to be managed, especially those that have been inactive for an extended period. However, the bill specifically stipulates that a new bond may still be required if a judge or magistrate deems it necessary, ensuring court discretion in maintaining oversight on bail proceedings.

Summary

House Bill 76 aims to amend existing laws relating to the discharge of a surety's liability on a bail bond in criminal cases. The bill outlines specific conditions under which a surety's liability can be discharged by the court. Notably, it specifies that if a surety files an affidavit stating that more than five years have passed since the defendant's last court appearance, and if they no longer wish to be a surety, the court must discharge their liability. Those provisions aim to provide a clear and streamlined process for sureties looking to withdraw their obligations without unnecessary complications.

Sentiment

The sentiment surrounding HB 76 appears to be generally supportive among legislators concerned with enhancing procedural clarity and reducing undue obligations for sureties. Advocates argue that this bill reflects a progressive step towards reforming bail bond practices, emphasizing the importance of balancing obligations between the judiciary and the surety parties. However, there may also be concerns from various stakeholders regarding how these adjustments might affect the level of accountability or the overall safety of the community if individuals evade their responsibilities.

Contention

A notable contention point may arise from the bill's provision regarding the five-year stipulation for discharging a surety's liability. Critics might argue that this lapse could pose risks, allowing individuals to escape obligations for too long, potentially leading to complications in cases with outstanding indictments. Additionally, the need for judicial discretion in determining whether a new bond is necessary might lead to variability in enforcement, raising questions about consistency across different jurisdictions in Texas.