Relating to certain procedures in connection with a bond forfeiture.
Impact
One of the notable changes this bill proposes is that if a defendant is charged with a felony, the surety must notify the state's attorney of their intention to surrender the principal before they can file an affidavit. This requirement could lead to a more coordinated approach in handling bond forfeitures, potentially ensuring that legal representatives are kept informed of actions that may affect the court proceedings. The impact of this modification is significant as it enhances procedural transparency and reinforces the roles of legal counsel in such scenarios.
Summary
SB2219 aims to amend certain procedures related to bond forfeiture in Texas. The bill introduces modifications to Article 17.19 of the Code of Criminal Procedure which governs the conditions under which a surety can surrender a principal, specifically when the offense charged is classified as a felony. This legislative proposal emphasizes the need for enhanced communication between the surety, the principal, and the attorney for the state, thereby establishing a more structured procedure for bond surrender.
Contention
While the bill does not appear to have explicit points of contention in the provided snippets, the implications of adding more requirements for sureties could raise concerns among those who advocate for simpler procedures within the bond system. Opponents may argue that increased notification requirements could complicate the process for sureties, especially in urgent situations. Supporters, however, may contend that such amendments are necessary to ensure that all parties are adequately informed, thus promoting fairness in the legal system.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.