| 1 | 1 | | 86R1051 MAW-D |
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| 2 | 2 | | By: Canales H.B. No. 179 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a special bill of review to reform a final judgment of |
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| 8 | 8 | | forfeiture of a bail bond. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 22.17(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Not later than the fourth anniversary of [two years |
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| 13 | 13 | | after] the date a final judgment is entered in a bond forfeiture |
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| 14 | 14 | | proceeding, the surety on the bond may file with the court a special |
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| 15 | 15 | | bill of review. A special bill of review may include a request, on |
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| 16 | 16 | | equitable grounds, that the final judgment be reformed and that all |
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| 17 | 17 | | or part of the bond amount be remitted to the surety, after |
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| 18 | 18 | | deducting the costs of court, any reasonable costs to the county for |
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| 19 | 19 | | the return of the principal, and the interest accrued on the bond |
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| 20 | 20 | | amount from the date of forfeiture. The court in its discretion may |
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| 21 | 21 | | grant or deny the bill in whole or in part. |
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| 22 | 22 | | SECTION 2. Article 22.17(a), Code of Criminal Procedure, as |
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| 23 | 23 | | amended by this Act, applies only to a bail bond for which a final |
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| 24 | 24 | | judgment of forfeiture is entered on or after the effective date of |
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| 25 | 25 | | this Act. A bail bond for which a final judgment of forfeiture is |
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| 26 | 26 | | entered before the effective date of this Act is governed by the law |
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| 27 | 27 | | in effect on the date the judgment was entered, and the former law |
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| 28 | 28 | | is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2019. |
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