Texas House Bill HB581

Texas 2015 - 84th Regular

Caption

Relating to the manner in which a bail bond or personal bond is forfeited.

Impact

The amendments proposed by HB 581 only apply to bail bonds or personal bonds that are executed on or after the effective date of the bill. This means that any bonds executed prior will continue to be governed by the laws in effect at the time they were executed. This provision allows for a clear demarcation between new and old cases, which can help in the administration of justice, albeit potentially creating inconsistencies for cases straddling the transition.

Summary

House Bill 581 addresses the procedures related to the forfeiture of bail bonds and personal bonds in the state of Texas. This bill introduces specific protocols for the manner in which bonds are forfeited when a defendant fails to appear in court. One significant change is that the defendant's name must be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time frame, a judgment for the forfeiture of the bond amount can be entered. Importantly, the bill presumes a reasonable time to be no less than 72 hours after the call is made.

Contention

While the summary does not detail contentious points, changes to legal procedures such as those proposed in HB 581 typically spark debate among legal professionals and stakeholders. Possible points of contention may include the definition of 'reasonable time,' implications of the 72-hour rule on the rights of defendants, and the broader impacts on the judicial system's efficiency and fairness. Stakeholders may also weigh in on how these changes could affect defendants' rights and the responsibilities of bondsmen.