Relating to a special bill of review to reform a final judgment of forfeiture of a bail bond.
Impact
If enacted, House Bill 668 would ultimately impact how final judgments in bail bond forfeitures are handled in Texas. It provides a structured process for sureties to seek remedial actions against judgments that may have been entered against them. By allowing such a review within a specified timeframe, the bill addresses concerns regarding fairness and equity in judicial proceedings, providing an avenue for the reconsideration of decisions based on the specifics of the case and the circumstances surrounding the forfeiture.
Summary
House Bill 668 introduces provisions for a special bill of review concerning bail bond forfeitures in Texas. Specifically, it amends Article 22.17(a) of the Code of Criminal Procedure to allow sureties to file a special bill of review within four years of a final judgment being entered in a bond forfeiture proceeding. This bill allows the surety to request the court to reform the final judgment and potentially remit some or all of the bond amount, after deductions for court costs and reasonable expenses associated with returning the principal, along with any accrued interest from the date of forfeiture.
Contention
While the bill has the potential to enhance judicial equity, it may also raise points of contention among stakeholders in the legal system. Legal practitioners, especially in the bail bond industry, may support the provisions outlined in HB668, highlighting its role in ensuring that judgments are just and that sureties are not unduly penalized. However, there may also be concerns from parties advocating for stricter bail enforcement, who argue that such provisions could weaken the incentive for compliance and undermine the consequences established in forfeiture proceedings.
Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.