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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of a defendant's bail bond by county jailers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.025 to read as follows: |
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Art. 17.025. OFFICERS TAKING BAIL BOND. A jailer licensed |
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under Chapter 1701, Occupations Code, is considered to be an |
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officer for the purposes of taking a bail bond and discharging any |
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other related powers and duties under this chapter. |
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SECTION 2. Article 17.05, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.05. WHEN A BAIL BOND IS GIVEN. A bail bond is |
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entered into either before a magistrate, upon an examination of a |
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criminal accusation, or before a judge upon an application under |
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habeas corpus; or it is taken from the defendant by a peace officer |
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or jailer if authorized by Article 17.20, 17.21, or 17.22. |
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SECTION 3. Article 17.20, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.20. BAIL IN MISDEMEANOR. In cases of misdemeanor, |
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the [The] sheriff[,] or other peace officer, or a jailer licensed |
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under Chapter 1701, Occupations Code [in cases of misdemeanor], |
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may, whether during the term of the court or in vacation, where the |
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officer [he] has a defendant in custody, take of the defendant a |
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bail bond. |
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SECTION 4. Article 17.21, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.21. BAIL IN FELONY. In cases of felony, when the |
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accused is in custody of the sheriff or other [peace] officer, and |
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the court before which the prosecution is pending is in session in |
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the county where the accused is in custody, the court shall fix the |
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amount of bail, if it is a bailable case and determine if the |
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accused is eligible for a personal bond; and the sheriff[,] or other |
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peace officer, unless it be the police of a city, or a jailer |
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licensed under Chapter 1701, Occupations Code, is authorized to |
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take a bail bond of the accused in the amount as fixed by the court, |
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to be approved by such officer taking the same, and will thereupon |
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discharge the accused from custody. The [It shall not be necessary
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for the] defendant and the defendant's [or his] sureties are not |
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required to appear in court. |
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SECTION 5. Article 17.22, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.22. MAY TAKE BAIL IN FELONY. In a felony case, if |
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the court before which the same is pending is not in session in the |
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county where the defendant is in custody, the sheriff[,] or other |
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peace officer, or a jailer licensed under Chapter 1701, Occupations |
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Code, who has the defendant [having him] in custody[,] may take the |
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defendant's [his] bail bond in such amount as may have been fixed by |
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the court or magistrate, or if no amount has been fixed, then in |
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such amount as such officer may consider reasonable. |
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SECTION 6. 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. |
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