| 1 | 1 | | 89R8639 AJZ-F |
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| 2 | 2 | | By: AnchÃa H.B. No. 2697 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain procedures in connection with a bond |
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| 10 | 10 | | forfeiture. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 17.19, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) Subject to Subsection (a-1), a [Any] surety that wants[, |
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| 16 | 16 | | desiring] to surrender the surety's [his] principal and has |
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| 17 | 17 | | notified [after notifying] the principal's attorney, if the |
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| 18 | 18 | | principal is represented by an attorney, in a manner provided by |
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| 19 | 19 | | Rule 21a, Texas Rules of Civil Procedure, of the surety's intention |
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| 20 | 20 | | to surrender the principal, may file an affidavit of that [such] |
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| 21 | 21 | | intention before the court or magistrate before which the |
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| 22 | 22 | | prosecution is pending. The affidavit must state: |
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| 23 | 23 | | (1) the court and cause number of the case; |
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| 24 | 24 | | (2) the name of the defendant; |
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| 25 | 25 | | (3) the offense with which the defendant is charged; |
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| 26 | 26 | | (4) the date of the bond; |
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| 27 | 27 | | (5) the cause for the surrender; and |
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| 28 | 28 | | (6) that notice of the surety's intention to surrender |
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| 29 | 29 | | the principal has been given as required by this subsection and |
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| 30 | 30 | | Subsection (a-1), if applicable. |
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| 31 | 31 | | (a-1) If the offense with which the defendant is charged is |
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| 32 | 32 | | classified as a felony under the Penal Code, in addition to |
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| 33 | 33 | | satisfying the requirements provided by Subsection (a), a surety |
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| 34 | 34 | | must, before filing the affidavit described by that subsection, |
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| 35 | 35 | | notify the attorney representing the state with jurisdiction in the |
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| 36 | 36 | | case of the surety's intention to surrender the principal. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2025. |
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