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H.B. No. 2767
AN ACT
relating to the release of a criminal defendant in certain cases and
the eligibility of and citation to certain individuals who act as
sureties on bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.10, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.10. DISQUALIFIED SURETIES. (a) A minor may not
[cannot] be surety on a bail bond, but the accused party may sign as
principal.
(b) A person, for compensation, may not be a surety on a bail
bond written in a county in which a county bail bond board regulated
under Chapter 1704, Occupations Code, does not exist unless the
person, within two years before the bail bond is given, completed in
person at least eight hours of continuing legal education in
criminal law courses or bail bond law courses that are:
(1) approved by the State Bar of Texas; and
(2) offered by an accredited institution of higher
education in this state.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.141 to read as follows:
Art. 17.141. ELIGIBLE BAIL BOND SURETIES IN CERTAIN
COUNTIES. In a county in which a county bail bond board regulated
under Chapter 1704, Occupations Code, does not exist, the sheriff
may post a list of eligible bail bond sureties whose security has
been determined to be sufficient. Each surety listed under this
article must file annually a sworn financial statement with the
sheriff.
SECTION 3. Article 22.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 22.03. CITATION TO SURETIES. (a) Upon entry of
judgment, a citation shall issue forthwith notifying the sureties
of the defendant, if any, that the bond has been forfeited, and
requiring them to appear and show cause why the judgment of
forfeiture should not be made final.
(b) A citation to a surety who is an individual shall be
served to the individual at the address shown on the face of the
bond.
(c) A citation to a surety that is a corporation or other
entity shall be served to the attorney designated for service of
process by the corporation or entity under Chapter 804, Insurance
Code.
(d) By filing the waiver or designation in writing with the
clerk of the court, a surety may waive service of citation or may
designate a person other than the surety or the surety's attorney to
receive service of citation under this article. The waiver or
designation is effective until a written revocation is filed with
the clerk.
SECTION 4. Article 22.04, Code of Criminal Procedure, is
amended to read as follows:
Art. 22.04. REQUISITES OF CITATION. A citation shall be
sufficient if it be in the form provided for citations in civil
cases in such court; provided, however, that a copy of the judgment
of forfeiture entered by the court, a copy of the forfeited bond,
and a copy of any power of attorney attached to the forfeited bond
shall be attached to the citation and the citation shall notify the
parties cited to appear and show cause why the judgment of
forfeiture should not be made final.
SECTION 5. Article 22.05, Code of Criminal Procedure, is
amended to read as follows:
Art. 22.05. CITATION AS IN CIVIL ACTIONS. If service of
citation is not waived under Article 22.03, a surety is [Sureties
shall be] entitled to notice by service of citation, the length of
time and in the manner required in civil actions; and the officer
executing the citation shall return the same as in civil actions.
It shall not be necessary to give notice to the defendant unless he
has furnished his address on the bond, in which event notice to the
defendant shall be deposited in the United States mail directed to
the defendant at the address shown on the bond.
SECTION 6. Article 32.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT
PRESENTED. When a defendant has been detained in custody or held to
bail for his appearance to answer any criminal accusation [before
the district court], the prosecution, unless otherwise ordered by
the court, for good cause shown, supported by affidavit, shall be
dismissed and the bail discharged, if indictment or information be
not presented against such defendant on or before the last day of
the next term of the court which is held after his commitment or
admission to bail or on or before the 180th day after the date of
commitment or admission to bail, whichever date is later.
SECTION 7. The changes in law made by this Act in amending
Articles 22.03, 22.04, and 22.05, Code of Criminal Procedure, apply
only to a citation of forfeiture issued on or after the effective
date of this Act. A citation of forfeiture issued before the
effective date of this Act is governed by the law in effect on the
date the citation of forfeiture is issued, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2767 was passed by the House on May 4,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 2767 on May 27, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2767 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor