HBA-NMO C.S.S.B. 403 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 403
By: Armbrister
Criminal Jurisprudence
5/12/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Current law may lack uniformity regarding the liability of a criminal
defendant and the defendant's sureties on a personal bond or bail bond.
C.S.S.B. 403 amends the law regarding the liability of a criminal defendant
and the defendant's sureties on a personal bond or a bail bond.  This bill
also sets forth conditions for the execution of an arrest warrant on behalf
of a surety on a bail bond, and sets forth criminal penalties. 

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 must contain, rather than requiring that a bail bond be
sufficient if it contains, certain requisites.  Includes among the
requisites a provision that requires that the sureties, in no event, be
bound after such a time as the defendant receives an order of deferred
adjudication or is acquitted, sentenced, placed on community supervision,
or dismissed from the charge.   

SECTION 2.  Amends Section 2, Article 17.11, Code of Criminal Procedure, to
require that a surety be deemed in default from the time execution may be
issued on a final judgment in a bond forfeiture proceeding under the Texas
Rules of Civil Procedure, unless the final judgment is superseded by the
posting of a supersedeas bond.  Deletes text regarding a defaulted surety
and final judgment.  

SECTION 3.  Amends Article 22.10, Code of Criminal Procedure, to provide an
exception, as provided by this chapter (Forfeiture of Bail), to governing
of a scire facias docket by the same rules governing other civil suits. 

SECTION 4.  Amends Section 22.125, Code of Criminal Procedure, to authorize
the court to approve any proposed settlement of the liability on the
forfeiture that is agreed to by the state and by the defendant or the
defendant's sureties, if any. 

SECTION 5.  Amends Chapter 22, Code of Criminal Procedure, by adding
Article 22.18, as follows: 

Art. 22.18.  LIMITATION.  Provides that an action by the state to forfeit a
bail bond under this chapter must be brought no later than the fourth
anniversary of the date the principal fails to appear in court. 
    
SECTION 6.  Amends Article 23.05, Code of Criminal Procedure, to authorize
a capias issued under this article be executed by a surety on the forfeited
bond, or by a licensed private investigator. 

SECTION 7.  Amends Subchapter C, Article 4413 (29bb), V.T.C.S., by adding
Section 43A, as follows: 

Sec. 43A.  EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON BAIL BOND;
OFFENSE.  Sets forth prohibitions for a private investigator executing a
capias or an arrest warrant on behalf of a surety on a bail bond.
Authorizes a private investigator to  display identification that indicates
that the person is acting on behalf of a surety on bail bond.  Requires a
private investigator executing a capias or arrest warrant on behalf of a
surety on a bail bond to immediately take the person arrested to certain
entities under certain conditions.  Provides that a person commits a state
jail felony if the person violates this section. 

SECTION 8.  Effective date: September 1, 1999.  
Makes application of this Act prospective. 

SECTION 9.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the caption by reflecting the
changes made by the substitute. 

The substitute differs from the original by removing SECTION 3 of the
original (Article 22.05, Code of Criminal Procedure) that would have
required the surety to designate in writing with the clerk of the court the
name and address of the person authorized by that surety to accept service
of citation on bonds executed in that county.  This section would have also
amended requirements regarding service of a citation. 

The substitute redesignates the SECTIONS 4-10 of the original as SECTIONS
3-9.   

The substitute differs from the original in SECTION 8 by providing that
this Act takes effect on September 1, 1999. 

The substitute also modifies the original by making several technical
corrections.