S.B. No. 877
 
 
 
 
AN ACT
  relating to a verification of the incarceration of an accused
  person in a criminal case for the purpose of discharging a surety's
  liability on a bail bond.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.16, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.16.  DISCHARGE OF LIABILITY; SURRENDER OR
  INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF
  INCARCERATION.  (a)  A surety may before forfeiture relieve the
  surety [himself] of the surety's [his] undertaking by:
               (1)  surrendering the accused into the custody of the
  sheriff of the county where the prosecution is pending; or
               (2)  delivering to the sheriff of the county in which 
  [where] the prosecution is pending and to the office of the
  prosecuting attorney an affidavit stating that the accused is
  incarcerated in federal custody, in the custody of any state, or in
  any county of this state.
         (b)  On receipt of an affidavit described by Subsection
  (a)(2), the sheriff of the county in which the prosecution is
  pending shall verify whether the accused is incarcerated as stated
  in the affidavit. If the sheriff verifies the statement in the
  affidavit, the sheriff shall notify the magistrate before which the
  prosecution is pending of the verification.
         (c)  On a verification described by this article, the sheriff
  shall place a detainer against the accused with the appropriate
  officials in the jurisdiction in which the accused is incarcerated.  
  On receipt of notice of a verification described by this article,
  the magistrate before which the prosecution is pending shall direct
  the clerk of the court to issue a capias for the arrest of the
  accused, except as provided by Subsection (d).
         (d)  A capias for the arrest of the accused is not required
  if:
               (1)  a warrant has been issued for the accused's arrest
  and remains outstanding; or
               (2)  the issuance of a capias would otherwise be
  unnecessary for the purpose of taking the accused into custody.
         (e)  For the purposes of Subsection (a)(2) of this article,
  the bond is discharged and the surety is absolved of liability on
  the bond on the [sheriff's] verification of the incarceration of
  the accused.
         (f)  An affidavit described by Subsection (a)(2) and the
  documentation of any verification obtained under Subsection (b)
  must be:
               (1)  filed in the court record of the underlying
  criminal case in the court in which the prosecution is pending or,
  if the court record does not exist, in a general file maintained by
  the clerk of the court; and
               (2)  delivered to the office of the prosecuting
  attorney.
         (g)  A surety is liable for all reasonable and necessary
  expenses incurred in returning the accused into the custody of the
  sheriff of the county in which the prosecution is pending.
         SECTION 2.  The change in law made by this Act to Article
  17.16, Code of Criminal Procedure, applies only to a bail bond that
  is executed on or after the effective date of this Act. A bail bond
  executed before the effective date of this Act is governed by the
  law in effect when the bail bond was executed, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 877 passed the Senate on
  April 26, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 877 passed the House on
  May 5, 2011, by the following vote:  Yeas 137, Nays 9, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor