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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's release on a personal bond or bail bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a |
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written undertaking entered into by the defendant and the |
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defendant's [his] sureties for the appearance of the principal |
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therein before a [some] court or magistrate to answer a criminal |
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accusation; provided, however, that the defendant on [upon] |
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execution of the [such] bail bond may deposit with the custodian of |
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funds of the court in which the prosecution is pending current money |
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of the United States in the amount of the bond in lieu of having |
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sureties signing the same. A court or magistrate may not authorize |
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a defendant or a person acting on the defendant's behalf to deposit |
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cash in an amount that is less than the full amount of the bail set |
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by the court or magistrate. Any cash funds deposited under this |
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article [Article] shall be receipted for by the officer receiving |
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the funds [same] and shall be refunded to the defendant after [if
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and when] the defendant complies with the conditions of the |
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defendant's [his] bond, and on [upon] order of the court. |
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SECTION 2. Article 17.03, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A court or magistrate may not require the deposit of |
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money or any other security as a condition of bond for a defendant's |
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release under this article. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |