Texas 2015 - 84th Regular

Texas Senate Bill SB1690 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R656 KEL-D
2	2	By: Ellis S.B. No. 1690
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of a criminal defendant on partial bail and
8	8	to the procedures governing a cash bond.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.02, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND
13	13	AUTHORIZED. (a) A "bail bond" is a written undertaking entered
14	14	into by the defendant and the defendant's sureties for the
15	15	appearance of the principal therein before a court or magistrate to
16	16	answer a criminal accusation; provided, however, that the defendant
17	17	on execution of the bail bond may deposit with the custodian of
18	18	funds of the court in which the prosecution is pending current money
19	19	of the United States in the amount of the bond, or in a lesser amount
20	20	as provided by Article 17.026, in lieu of having sureties signing
21	21	the same.
22	22	(b) Any cash funds deposited under this article or Article
23	23	17.026 shall be receipted for by the officer receiving those [the]
24	24	funds. The officer shall deposit the funds in an interest-bearing
25	25	account established for purposes of this subsection. Interest on
26	26	the amount in the account may be retained by the county to cover the
27	27	costs of administering this subsection. In addition, the county
28	28	may impose a fee, not to exceed 10 percent of the amount deposited,
29	29	to cover those administrative costs.
30	30	(c) After [and, on order of the court, be refunded, after]
31	31	the defendant complies with the conditions of the defendant's bond
32	32	and on order of the court, the officer shall refund the amount
33	33	deposited, less any amount retained under Subsection (b) as an
34	34	administrative fee, to:
35	35	(1) any person in the name of whom a receipt was
36	36	issued, in the amount reflected on the face of the receipt,
37	37	including the defendant if a receipt was issued to the defendant; or
38	38	(2) the defendant, if no other person is able to
39	39	produce a receipt for the funds.
40	40	SECTION 2. Chapter 17, Code of Criminal Procedure, is
41	41	amended by adding Article 17.026 to read as follows:
42	42	Art. 17.026. RELEASE ON BAIL IN PARTIAL AMOUNT. (a) A
43	43	magistrate may release a defendant on bail by permitting the
44	44	defendant to deposit an amount of cash bond or to submit a surety
45	45	bond in an amount that is less than the total amount of bail set in
46	46	the case if the magistrate determines that requiring the defendant
47	47	to deposit a cash bond or to procure a surety bond in the full amount
48	48	of bail will impose an unreasonable hardship on the defendant.
49	49	(b) Only the court before whom the case is pending may
50	50	release a defendant under this article if the defendant is a
51	51	defendant described by Article 17.03(b).
52	52	(c) A magistrate who releases a defendant under this article
53	53	may impose any conditions on the release that the magistrate could
54	54	impose if the defendant were released on personal bond.
55	55	(d) A release on bail in a partial amount is not a reduction
56	56	in bail for purposes of Article 17.091.
57	57	SECTION 3. Sections 41.258(b) and (f), Government Code, are
58	58	amended to read as follows:
59	59	(b) A court, judge, magistrate, peace officer, or other
60	60	officer taking a cash or surety [bail] bond for an offense other
61	61	than a misdemeanor punishable by fine only under Chapter 17, Code of
62	62	Criminal Procedure, shall require the payment of a $15 cost by each
63	63	person [surety] posting the cash or surety [bail] bond, as
64	64	applicable, provided the cost does not exceed $30 for all bail bonds
65	65	posted at that time for an individual and the cost is not required
66	66	on the posting of a personal [or cash] bond.
67	67	(f) A person [surety] paying a cost under Subsection (b) may
68	68	apply for and is entitled to a refund of the cost not later than the
69	69	181st day after the date the state declines to prosecute an
70	70	individual or the grand jury declines to indict an individual.
71	71	SECTION 4. Section 103.027(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) Fees and costs shall be paid or collected under the
74	74	Government Code as follows:
75	75	(1) filing a certified copy of a judicial finding of
76	76	fact and conclusion of law if charged by the secretary of state
77	77	(Sec. 51.905, Government Code) . . . $15;
78	78	(2) cost paid for [by] each cash or surety [posting the
79	79	bail] bond for an offense other than a misdemeanor punishable by
80	80	fine only under Chapter 17, Code of Criminal Procedure, for the
81	81	assistant prosecutor supplement fund and the fair defense account
82	82	(Sec. 41.258, Government Code) . . . $15, provided the cost does
83	83	not exceed $30 for all bail bonds posted at that time for an
84	84	individual and the cost is not required on the posting of a personal
85	85	[or cash] bond;
86	86	(3) to participate in a court proceeding in this
87	87	state, a nonresident attorney fee (Sec. 82.0361, Government Code)
88	88	. . . $250 except as waived or reduced under supreme court rules for
89	89	representing an indigent person; and
90	90	(4) on a party's appeal of a final decision in a
91	91	contested case, the cost of preparing the original or a certified
92	92	copy of the record of the agency proceeding, if required by the
93	93	agency's rule, as a court cost (Sec. 2001.177, Government Code)
94	94	. . . as assessed by the court, all or part of the cost of
95	95	preparation.
96	96	SECTION 5. The change in law made by this Act applies only
97	97	to a bail bond that is executed on or after the effective date of
98	98	this Act. A bail bond executed before the effective date of this
99	99	Act is governed by the law in effect when the bail bond was
100	100	executed, and the former law is continued in effect for that
101	101	purpose.
102	102	SECTION 6. This Act takes effect September 1, 2015.