| 1 | | - | H.B. No. 2448 |
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| 1 | + | By: Canales (Senate Sponsor - Hinojosa) H.B. No. 2448 |
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| 2 | + | (In the Senate - Received from the House April 27, 2021; |
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| 3 | + | May 17, 2021, read first time and referred to Committee on |
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| 4 | + | Jurisprudence; May 21, 2021, reported favorably by the following |
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| 5 | + | vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the verification of the incarceration of an accused |
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| 6 | 12 | | person in a criminal case for the purpose of discharging a surety's |
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| 7 | 13 | | liability on a bail bond. |
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| 8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 15 | | SECTION 1. Article 17.16(a), Code of Criminal Procedure, is |
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| 10 | 16 | | amended to read as follows: |
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| 11 | 17 | | (a) A surety may before forfeiture relieve the surety of the |
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| 12 | 18 | | surety's undertaking by: |
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| 13 | 19 | | (1) surrendering the accused into the custody of the |
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| 14 | 20 | | sheriff of the county where the prosecution is pending; or |
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| 15 | 21 | | (2) delivering to the sheriff of the county in which |
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| 16 | 22 | | the prosecution is pending and to the office of the prosecuting |
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| 17 | 23 | | attorney an affidavit stating that the accused is incarcerated in: |
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| 18 | 24 | | (A) federal custody[, subject to Subsection |
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| 19 | 25 | | (a-1)]; |
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| 20 | 26 | | (B) the custody of any state; or |
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| 21 | 27 | | (C) any county of this state. |
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| 22 | 28 | | SECTION 2. Article 17.16(a-1), Code of Criminal Procedure, |
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| 23 | 29 | | is repealed. |
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| 24 | 30 | | SECTION 3. Article 17.16, Code of Criminal Procedure, as |
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| 25 | 31 | | amended by this Act, applies only to a bail bond that is executed on |
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| 26 | 32 | | or after the effective date of this Act. A bail bond executed |
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| 27 | 33 | | before the effective date of this Act is governed by the law in |
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| 28 | 34 | | effect on the date the bail bond was executed, and the former law is |
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| 29 | 35 | | continued in effect for that purpose. |
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| 30 | 36 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I certify that H.B. No. 2448 was passed by the House on April |
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| 34 | | - | 27, 2021, by the following vote: Yeas 121, Nays 23, 1 present, not |
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| 35 | | - | voting. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Chief Clerk of the House |
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| 38 | | - | I certify that H.B. No. 2448 was passed by the Senate on May |
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| 39 | | - | 27, 2021, by the following vote: Yeas 31, Nays 0. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Secretary of the Senate |
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| 42 | | - | APPROVED: _____________________ |
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| 43 | | - | Date |
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| 44 | | - | _____________________ |
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| 45 | | - | Governor |
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| 37 | + | * * * * * |
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