Bill Text: TX HB1070 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the taking of a defendant's bail bond by county jailers.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective immediately [HB1070 Detail]
Download: Texas-2011-HB1070-Enrolled.html
H.B. No. 1070 |
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relating to the taking of a defendant's bail bond by county jailers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.025 to read as follows: | ||
Art. 17.025. OFFICERS TAKING BAIL BOND. A jailer licensed | ||
under Chapter 1701, Occupations Code, is considered to be an | ||
officer for the purposes of taking a bail bond and discharging any | ||
other related powers and duties under this chapter. | ||
SECTION 2. Article 17.05, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.05. WHEN A BAIL BOND IS GIVEN. A bail bond is | ||
entered into either before a magistrate, upon an examination of a | ||
criminal accusation, or before a judge upon an application under | ||
habeas corpus; or it is taken from the defendant by a peace officer | ||
or jailer if authorized by Article 17.20, 17.21, or 17.22. | ||
SECTION 3. Article 17.20, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.20. BAIL IN MISDEMEANOR. In cases of misdemeanor, | ||
the [ |
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under Chapter 1701, Occupations Code [ |
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may, whether during the term of the court or in vacation, where the | ||
officer [ |
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bail bond. | ||
SECTION 4. Article 17.21, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.21. BAIL IN FELONY. In cases of felony, when the | ||
accused is in custody of the sheriff or other [ |
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the court before which the prosecution is pending is in session in | ||
the county where the accused is in custody, the court shall fix the | ||
amount of bail, if it is a bailable case and determine if the | ||
accused is eligible for a personal bond; and the sheriff[ |
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peace officer, unless it be the police of a city, or a jailer | ||
licensed under Chapter 1701, Occupations Code, is authorized to | ||
take a bail bond of the accused in the amount as fixed by the court, | ||
to be approved by such officer taking the same, and will thereupon | ||
discharge the accused from custody. The [ |
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required to appear in court. | ||
SECTION 5. Article 17.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.22. MAY TAKE BAIL IN FELONY. In a felony case, if | ||
the court before which the same is pending is not in session in the | ||
county where the defendant is in custody, the sheriff[ |
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peace officer, or a jailer licensed under Chapter 1701, Occupations | ||
Code, who has the defendant [ |
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defendant's [ |
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the court or magistrate, or if no amount has been fixed, then in | ||
such amount as such officer may consider reasonable. | ||
SECTION 6. 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 certify that H.B. No. 1070 was passed by the House on April | ||
21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1070 was passed by the Senate on May | ||
24, 2011, by the following vote: Yeas 31, Nays 0 | ||
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______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |