HBA-KMH H.B. 488 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 488
By: Lewis, Glenn
Criminal Jurisprudence
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, magistrates are not authorized to release a defendant on bail
for a cash bond of less than the amount set for bail in the hearing.  H.B.
488 authorizes a magistrate to release a defendant on a cash bond of less
than the amount set in the bail hearing. 

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 17.02, Code of Criminal Procedure, as follows:

Art.  17.02.  New Title:  DEFINITION OF "BAIL BOND"; CASH BOND AUTHORIZED.
Authorizes a lesser amount of bond as provided by Article 17.025 (Release
on Bond in Partial Amount), Code of Criminal Procedure.  Requires an
officer to tender a receipt for any funds deposited under Article 17.02 or
Article 17.025.  Requires the officer to deposit the funds in an
interest-bearing account established to manage funds tendered under this
subsection. Authorizes the county to retain the interest on the amount
deposited under this subsection and to charge a fee of up to 10 percent of
the amount deposited to cover administrative costs.  Requires the officer
to refund the amount, less administrative fee, to the defendant or another
person to whom the defendant assigned the amount in a signed written
agreement filed with the officer when the defendant has met the conditions
of the bond.  Makes a nonsubstantive change. 

SECTION 2.  Amends Chapter 17, Code of Criminal Procedure, by adding
Article 17.025, as follows: 

Article 17.025.  RELEASE ON BOND IN PARTIAL AMOUNT.  Authorizes a
magistrate to release a defendant on bail when the defendant deposits a
cash bond or bail bond in an amount less than that set in the case if the
magistrate finds that requiring the full amount would impose an
unreasonable hardship on the defendant.  Authorizes only the court before
whom the case is pending to release a defendant under this article if the
defendant is one described by Article 17.03(b), Code of Criminal Procedure.
Article 17.03(b) sets forth the crimes for which a defendant may be charged
and maintain the right to be released on personal bond.  Authorizes a
magistrate to impose any conditions on the release of a defendant that the
magistrate could impose if the defendant were released on personal bond.
Makes conforming and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.