| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the circumstances under which a final judgment of bond |
|
|
forfeiture may be reformed under a special bill of review. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 22.17, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 22.17. SPECIAL BILL OF REVIEW. (a) Not later than two |
|
|
years after the date a final judgment is entered in a bond |
|
|
forfeiture proceeding, the surety on the bond may file with the |
|
|
court a special bill of review. A special bill of review may |
|
|
include a request, on equitable grounds, that the final judgment be |
|
|
reformed and that all or part of the bond amount be remitted to the |
|
|
surety, after deducting the costs of court and[,] any reasonable |
|
|
costs to the county for the return of the principal to that |
|
|
jurisdiction[, and the interest accrued on the bond amount from the
|
|
|
date of forfeiture]. The court in its discretion may grant or deny |
|
|
the bill in whole or in part. |
|
|
(b) In determining whether to grant a request for a |
|
|
reformation of the final judgment and a remittance under this |
|
|
article, the court shall consider that the purpose of a bail bond is |
|
|
to secure the presence of the principal for the disposition of |
|
|
criminal charges and that a bail bond is not: |
|
|
(1) a punishment; |
|
|
(2) a substitute for a fine; or |
|
|
(3) a method for generating revenue for a governmental |
|
|
entity. |
|
|
(c) In determining the amount of a remittance granted under |
|
|
this article, the court may consider any of the following: |
|
|
(1) the state's cost or inconvenience in regaining |
|
|
custody of the principal; |
|
|
(2) the impact of the delay caused by the principal's |
|
|
failure to appear; |
|
|
(3) the degree to which the principal intended to |
|
|
breach the conditions of bond; |
|
|
(4) the public interest in ensuring the principal's |
|
|
appearance; |
|
|
(5) any prejudice suffered by the state; |
|
|
(6) any evidence introduced in a proceeding under this |
|
|
article that was not introduced during the trial held under Article |
|
|
22.14 and that would have exonerated the defendant and the |
|
|
defendant's surety from liability under Article 22.13; |
|
|
(7) the participation of the surety in the rearrest of |
|
|
the principal; or |
|
|
(8) any other relevant factor [For the purposes of
|
|
|
this article, interest accrues on the bond amount from the date of:
|
|
|
[(1)
forfeiture to the date of final judgment in the
|
|
|
same manner and at the same rate as provided for the accrual of
|
|
|
prejudgment interest in civil cases; and
|
|
|
[(2)
final judgment to the date of the order for
|
|
|
remittitur at the same rate as provided for the accrual of
|
|
|
postjudgment interest in civil cases]. |
|
|
SECTION 2. 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, 2013. |