HBA-EDN C.S.H.B. 1102 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1102
By: Hinojosa
Criminal Jurisprudence
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits the complete forfeiture of a bond until a final
judgment has been entered in a forfeiture case and further prevents a final
judgment from being entered for nine months in a misdemeanor case and
eighteen months in a felony case.  This provision of the statute has been
held unconstitutional because it interferes with the judiciary's ability to
enter final judgments in accordance with the Texas Rules of Civil
Procedure.  The effect of this nullification is that a bail bondsman can
lose the entire amount of a posted bond if a defendant misses a court date
but is immediately or soon thereafter returned to custody.  Once a bond is
forfeited, there is no incentive for the bail bondsman to continue to
search for the defendant. There is also concern that a defendant who has
advance notice of a bondsman's intent to revoke the defendant's bail may
use that opportunity to flee.  C.S.H.B. 1102 allows a bondsman's forfeited
bond to be remitted, minus certain costs incurred in the return of the
defendant, and removes the requirement that a bondsman give notice of
intent to revoke a defendant's bail. 

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. 

ANALYSIS

C.S.H.B. 1102 amends the Code of Criminal Procedure to remove the
requirement that a surety  give notice of the surety's intention to
surrender the principal (Art. 17.19).  The bill provides that the
incarceration of the principal in any jurisdiction at the time of or not
later than 10 months after the principal's failure to appear in court is a
cause for exoneration of the defendant and the defendant's sureties from
liability upon the forfeiture taken, provided that during such period of
incarceration of the principal the surety requests confirmation of the
principal's incarceration by submitting a written request for confirmation
to the law enforcement agency of the county in which the prosecution is
pending.  The bill requires a law enforcement agency receiving a request
for confirmation to notify the court in which the prosecution is pending
and to notify the surety whether or not the principal is or has been
incarcerated in another jurisdiction and the date of the incarceration.
The bill provides that a defendant and the defendant's sureties are liable
for costs of court, any reasonable and necessary costs to the county for
the return of the principal, and interest accrued on the bond amount from
the date of forfeiture until the date of the principal's incarceration in
the same manner and at the same rate as provided for the accrual of
prejudgment interest in civil cases (Arts. 22.13 and 22.16).    

C.S.H.B. 1102 removes time limits for a final judgment to be entered
against a bond.  The bill authorizes a court to remit to the surety all or
a portion of the amount of the bond before the entry of a final judgment
and sets forth provisions regarding such remittance (Art. 22.16).  The bill
removes provisions relating to a defendant's bond for a misdemeanor
conviction that is being appealed (Art. 44.04).       
    
EFFECTIVE DATE

September 1, 2001. 
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1102 modifies the original by authorizing, rather than requiring,
a court to remit to a surety all or a portion of the amount of the bond
after deducting the costs of court, any reasonable costs to the county for
the return of the principal, the interest accrued on the bond amount, and
any reasonable costs of the state incurred for producing witnesses on the
dates of trial.  The substitute  authorizes a court to remit a percentage
of the bond if the surety submits a motion in writing and establishes that
the principal is incarcerated in the county in which prosecution is pending
or in another jurisdiction, is released on bail, or is deceased.  The
substitute sets forth provisions specifying the percentage of the bond to
be remitted for a felony and for a misdemeanor based on when the motion for
remittance is filed, but authorizes a court by agreement of the parties or
for good cause set forth in the final judgment to remit an amount different
from the amount specified (Art. 22.16).  The substitute decreases, from 12
months to 10 months, the duration of time after a principal's failure to
appear in court for which the incarceration of the principal is a cause for
exoneration, provided that during such period of incarceration the surety
requests confirmation of the principal's incarceration (Art. 22.13).