HBA-RBT H.B. 882 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 882
By: Talton
Criminal Jurisprudence
3/17/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, Article 17.08, Code of Criminal Procedure, establishes that a
defendant must appear before a court or magistrate at any time the
defendant's presence is required, but does not establish a time when the
defendant is no longer obligated to appear.  H.B. 882 sets forth the
circumstances in which the defendant is no longer obligated to appear.
This bill also sets forth the circumstances in which the surety is liable
on the bond and what the surety must pay.  It revises some procedural
aspects regarding time limits for certain actions by the court. 
 
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 17.08, Code of Criminal Procedure, to provide
that a bail bond binds the defendant to appear until such time as the
defendant receives an order of deferred adjudication or is acquitted,
sentenced, placed on community supervision, or dismissed from the charge.
Requires the bond to be conditioned so that the principal and sureties are
liable for the principal amount of the bond if the principal fails to
appear when required.  Provides that if the principal is presented to the
court or magistrate, or is incarcerated in any jurisdiction within 12
months of failing to appear, the sureties are liable to pay only the
necessary and reasonable expenses to re-arrest the principal. Prohibits the
amount of the expenses from being more than half the principal amount of
the bond. Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Article 22.05, Code of Criminal Procedure, to make
changes conforming with Article 22.11, Code of Criminal Procedure. 

SECTION 3.  Amends Article 22.11, Code of Criminal Procedure, to allow
sureties 12 months to answer after the bond forfeiture and show cause why
the defendant did not appear, rather than within the time limited for
answering in other civil actions. 

SECTION 4.  Amends Article 22.15, Code of Criminal Procedure, to make
conforming changes. 

SECTION 5.  Amends Articles 22.16(a), (c), (d), and (e), Code of Criminal
Procedure, to require, under specified circumstances, the court to return
to the surety the amount of the bond after deducting necessary and
reasonable expenses, rather than reasonable expenses and the interest
accrued on the bond.  Authorizes a final judgment to be entered on a bond
12 months after the citation was served on the sureties, rather than 9
months after the forfeiture for misdemeanors and 18 months after the
forfeiture for felonies.  Authorizes return of all or part of the bond for
good cause shown, rather than within the time limits specified.  Provides
that interest does not accrue on forfeited bond and specifies that interest
includes prejudgment and postjudgment interest.  Makes conforming and
nonsubstantive changes. 

SECTION 6.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 7.  Emergency clause.