SRC-MWN S.B. 173 77(R)BILL ANALYSIS


Senate Research CenterS.B. 173
By: Carona
Criminal Justice
6/11/2001
Enrolled


DIGEST AND PURPOSE 

A criminal defendant is refunded all cash funds posted for his or her bail
bond if and when the defendant has complied with all of the conditions of
that bond. S.B. 173 amends Article 17.02, Code of Criminal Procedure, to
allow all cash funds posted on a criminal defendant's bail bond to be
refunded to a surety if there is a surety on the bond and makes clear that
if there are funds to be refunded to the defendant, the custodian of funds
is authorized to deduct any outstanding fines and court costs owed by the
defendant. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 17.02, Code of Criminal Procedure,  to redefine
"bail bond."  

SECTION 2. Amends Article 17.03(a), Code of Criminal Procedure, to prohibit
a court or magistrate from requiring the deposit of money or any other
security as a condition of release on personal bond. Deletes text regarding
sureties or other security. 

SECTION 3. Effective date: upon passage or September 1, 2001.