BILL ANALYSIS H.B. 2697 By: Ancha Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that current law does not obligate a bail bondsman relinquishing responsibility for a defendant's bond as a result of a violation of court-ordered bail bond conditions to notify the prosecuting attorney that the defendant's bond has been canceled and that this lack of notification can result in a defendant charged with a felony offense absconding for months to avoid adversarial proceedings with the court, despite the bail bondsman's recommendation that the defendant be ordered back into custody. The bill author further informed the committee that this may happen because the prosecuting attorney is unaware of the bondsman's filed affidavits regarding the violation of the bond or regarding a new offense, thus rendering the prosecuting attorney unable to enter a motion for the court to order the defendant back into custody. H.B. 2697 addresses this issue by requiring that a bondsman notify the applicable state's attorney of the bondsman's intention, with respect to a defendant charged with a felony offense, to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2697 amends the Code of Criminal Procedure to require a surety to notify the state's attorney with jurisdiction in the case of the surety's intention to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending, if the surety satisfies the requirements for filing such an affidavit and the offense with which the defendant is charged is a felony offense. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2697
By: Ancha
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 2697
By: Ancha
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that current law does not obligate a bail bondsman relinquishing responsibility for a defendant's bond as a result of a violation of court-ordered bail bond conditions to notify the prosecuting attorney that the defendant's bond has been canceled and that this lack of notification can result in a defendant charged with a felony offense absconding for months to avoid adversarial proceedings with the court, despite the bail bondsman's recommendation that the defendant be ordered back into custody. The bill author further informed the committee that this may happen because the prosecuting attorney is unaware of the bondsman's filed affidavits regarding the violation of the bond or regarding a new offense, thus rendering the prosecuting attorney unable to enter a motion for the court to order the defendant back into custody. H.B. 2697 addresses this issue by requiring that a bondsman notify the applicable state's attorney of the bondsman's intention, with respect to a defendant charged with a felony offense, to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2697 amends the Code of Criminal Procedure to require a surety to notify the state's attorney with jurisdiction in the case of the surety's intention to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending, if the surety satisfies the requirements for filing such an affidavit and the offense with which the defendant is charged is a felony offense.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that current law does not obligate a bail bondsman relinquishing responsibility for a defendant's bond as a result of a violation of court-ordered bail bond conditions to notify the prosecuting attorney that the defendant's bond has been canceled and that this lack of notification can result in a defendant charged with a felony offense absconding for months to avoid adversarial proceedings with the court, despite the bail bondsman's recommendation that the defendant be ordered back into custody. The bill author further informed the committee that this may happen because the prosecuting attorney is unaware of the bondsman's filed affidavits regarding the violation of the bond or regarding a new offense, thus rendering the prosecuting attorney unable to enter a motion for the court to order the defendant back into custody. H.B. 2697 addresses this issue by requiring that a bondsman notify the applicable state's attorney of the bondsman's intention, with respect to a defendant charged with a felony offense, to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2697 amends the Code of Criminal Procedure to require a surety to notify the state's attorney with jurisdiction in the case of the surety's intention to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending, if the surety satisfies the requirements for filing such an affidavit and the offense with which the defendant is charged is a felony offense.
EFFECTIVE DATE
September 1, 2025.