| 1 | 1 | | 87R1024 TSS-D |
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| 2 | 2 | | By: Wu H.B. No. 497 |
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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| 7 | 7 | | relating to the deduction of a fee from certain funds withdrawn from |
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| 8 | 8 | | a court registry in certain criminal cases. |
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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 17.02, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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| 13 | 13 | | written undertaking entered into by the defendant and the |
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| 14 | 14 | | defendant's sureties for the appearance of the principal therein |
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| 15 | 15 | | before a court or magistrate to answer a criminal accusation; |
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| 16 | 16 | | provided, however, that the defendant on execution of the bail bond |
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| 17 | 17 | | may deposit with the custodian of funds of the court in which the |
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| 18 | 18 | | prosecution is pending current money of the United States in the |
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| 19 | 19 | | amount of the bond in lieu of having sureties signing the same. Any |
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| 20 | 20 | | cash funds deposited under this article shall be receipted for by |
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| 21 | 21 | | the officer receiving the funds and, on order of the court, be |
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| 22 | 22 | | refunded in the amount shown on the face of the receipt less the |
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| 23 | 23 | | administrative fee authorized by Section 117.055, Local Government |
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| 24 | 24 | | Code, if applicable, after the defendant complies with the |
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| 25 | 25 | | conditions of the defendant's bond, to: |
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| 26 | 26 | | (1) any person in the name of whom a receipt was |
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| 27 | 27 | | issued, including the defendant if a receipt was issued to the |
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| 28 | 28 | | defendant; or |
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| 29 | 29 | | (2) the defendant, if no other person is able to |
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| 30 | 30 | | produce a receipt for the funds. |
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| 31 | 31 | | SECTION 2. Section 117.055, Local Government Code, is |
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| 32 | 32 | | amended by amending Subsection (a) and adding Subsections (a-1) and |
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| 33 | 33 | | (a-2) to read as follows: |
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| 34 | 34 | | (a) Except as provided by Subsection (a-1), to [To] |
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| 35 | 35 | | compensate the county for the accounting and administrative |
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| 36 | 36 | | expenses incurred in handling the registry funds that have not |
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| 37 | 37 | | earned interest, including funds in a special or separate account, |
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| 38 | 38 | | the clerk shall, at the time of withdrawal, deduct from the amount |
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| 39 | 39 | | of the withdrawal a fee in an amount equal to five percent of the |
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| 40 | 40 | | withdrawal but that may not exceed $50. Withdrawal of funds |
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| 41 | 41 | | generated from a case arising under the Family Code is exempt from |
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| 42 | 42 | | the fee deduction provided by this section. |
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| 43 | 43 | | (a-1) A clerk may not deduct a fee under Subsection (a) from |
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| 44 | 44 | | a withdrawal of funds generated by the collection of a cash bond or |
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| 45 | 45 | | cash bail bond if in the case for which the bond was taken: |
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| 46 | 46 | | (1) the defendant was found not guilty after a trial or |
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| 47 | 47 | | appeal; or |
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| 48 | 48 | | (2) the complaint, information, or indictment was |
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| 49 | 49 | | dismissed without a plea of guilty or nolo contendere being |
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| 50 | 50 | | entered. |
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| 51 | 51 | | (a-2) On the request of a person to whom withdrawn funds |
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| 52 | 52 | | generated by the collection of a cash bond or cash bail bond were |
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| 53 | 53 | | disbursed, the clerk shall refund to the person the amount of the |
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| 54 | 54 | | fee deducted under Subsection (a) if: |
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| 55 | 55 | | (1) subsequent to the deduction, a court makes or |
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| 56 | 56 | | enters an order or ruling in the case for which the bond was taken; |
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| 57 | 57 | | and |
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| 58 | 58 | | (2) had the court made or entered the order or ruling |
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| 59 | 59 | | before the withdrawal of funds occurred, the deduction under |
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| 60 | 60 | | Subsection (a) would have been prohibited under Subsection (a-1). |
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| 61 | 61 | | SECTION 3. The changes in law made by this Act apply only to |
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| 62 | 62 | | a withdrawal of funds from a court registry under Section 117.055, |
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| 63 | 63 | | Local Government Code, as amended by this Act, made on or after the |
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| 64 | 64 | | effective date of this Act. A withdrawal of funds from a court |
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| 65 | 65 | | registry made before the effective date of this Act is governed by |
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| 66 | 66 | | the law in effect on the date the withdrawal was made, and the |
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| 67 | 67 | | former law is continued in effect for that purpose. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2021. |
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