HBA-NIK H.B. 1481 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1481
By: Hinojosa
Criminal Jurisprudence
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, bail for a criminal defendant or a defendant convicted and
awaiting appeal is designed to ensure that the defendant does not flee from
the criminal justice system.  There are provisions in the law, however,
that serve as a disincentive to search for and apprehend defendants who
have skipped bail.   

H.B. 1481 gives bail agents more time to seek and apprehend defendants who
have skipped bail and provides rules allowing a court to remit some or all
of a bond to sureties under certain circumstances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 22.02, Code of Criminal Procedure, as follows:

Art. 22.02.  MANNER OF TAKING A FORFEITURE.  Sets forth the manner in which
bail bonds and personal bonds are forfeited, with the defendant's name
called at the courtroom, rather than the courthouse door.  Requires the
judgement to state why the forfeiture should be exonerated, or why the bond
should be remitted.  

SECTION 2.  Amends Article 22.03, Code of Criminal Procedure, as follows:

Art. 22.03  CITATION TO SURETIES.  Requires the citation, upon entry of
judgement, to notify and require the defendant to appear no later than the
first anniversary of the date the citation is served.  Makes a conforming
change. 

SECTION 3.  Amends Article 22.04, Code of Criminal Procedure, as follows:

Art. 22.04  REQUISITES OF CITATION.  Requires that a copy of the judgement
of forfeiture entered by the court be attached to the citation.  Deletes
provision that the citation is sufficient if it is in the form provided for
citations in civil cases.  Makes nonsubstantive change and conforming
changes. 

SECTION 4.  Amends Article 22.05, Code of Criminal Procedure, as follows:

Art. 22.05.  CITATION AS IN CIVIL ACTIONS.  Requires sureties to be
entitled to notice by service of citation as required in civil actions,
except that the citation  requires the party served to file a sworn answer
not later than the first anniversary of the date the citation is served.
Makes a nonsubstantive change. 

SECTION 5.  Amends Article 22.10, Code of Criminal Procedure, as follows:

Art. 22.10.  SCIRE FACIAS DOCKET.  Provides that when a forfeiture has been
declared upon a bond, the court or clerk shall docket the case upon the
scire facias docket, rather than  upon the scire facias.  Requires that the
proceedings be governed by the same rules governing civil suits, except as
otherwise provided by this chapter.  Makes nonsubstantive change. 

SECTION 6.  Amends Article 22.11, Code of Criminal Procedure, as follows:

Art. 22.11.  SURETIES MAY ANSWER.  Authorizes the sureties to file a sworn
answer. Authorizes the answer to be filed no later than the first
anniversary of the date citation is served, rather than within the time
limited for answering in other civil actions. Makes nonsubstantive and
conforming changes. 

SECTION 7.  Amends Article 22.125, Code of Criminal Procedure, as follows:  

Art. 22.125.  POWERS OF THE COURT.  Authorizes the court to proceed with
the trial after a judicial declaration of forfeiture is entered if an
answer is timely filed.  Requires the court to enter judgement by default
under Article 22.15 (Judgement final by default) if an answer is not timely
filed. 

SECTION 8.  Amends Article 22.14, Code of Criminal Procedure, as follows:

Art. 22.14.  JUDGEMENT FINAL.  (a) Creates new subsection from existing
text.  Makes conforming and nonsubstantive changes. 

(b)  Requires the court to enter a judgement exonerating the defendant and
his sureties, if any, from liability on the forfeiture if, upon a trial of
the issues presented, sufficient cause is shown why the defendant did not
appear.  Requires the court to enter a judgement for an amount determined
under Article 22.16 (Remittitur after forfeiture) if, upon a trial of the
issues presented, sufficient cause is shown why the bond should be
remitted. 

SECTION 9.  Amends Articles 22.16(a), (c), and (d), Code of Criminal
Procedure, as follows: 

(a)  Requires the court to stay the judgement of forfeiture on the receipt
of a sworn written motion filed with the court by the surety, rather than
require the court to remit to the surety the amount of the bond after
deducting the costs of court.  Makes conforming and nonsubstantive changes. 

(c)  Requires the court to determine whether the allegations asserted in a
motion filed under Subsection (a) are true.  Sets forth the actions to be
taken when the court determines that the allegations are either true or not
true.  Deletes the time periods in which a final judgement may be entered
against a bond. 

(d)  Requires the court, rather than authorizes the use of its discretion,
to remit to the surety the amount of the bond after deducting the variable
costs, if an event described by Subsection (a) occurs after the court
enters a final judgement of forfeiture and before the expiration of the
period during which an appeal may be filed.  Authorizes the court to impose
a penalty, not to exceed 10 percent of the amount of the bond except in
extraordinary circumstances if the court determines a penalty is
appropriate.  Sets forth the requirements for the court in determining
whether a penalty is appropriate and the amount of the penalty.  Makes
conforming change. 



SECTION 10.  Amends Article 23.13, Code of Criminal Procedure, as follows:

Art. 23.13.  WHO MAY ARREST UNDER CAPIAS.  (a) Created from existing text.  

(b) Authorizes a peace officer or a private investigator or security
officer licensed under the Private Investigators and Private Security
Agencies Act (Article 4413 (29bb), V.T.C.S.) to execute a capias issued
under Article 23.05. (Capias after forfeiture) 

 SECTION 11.  Makes application of this Act prospective.

SECTION 12.  Effective date: September 1, 1999.

SECTION 13.  Emergency clause.