HB 2697
AN ACT relating to certain procedures in connection with a bond
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies procedures for surety bonds in criminal cases, specifically requiring additional notification steps when surrendering a defendant in felony cases. Sureties must now notify both the defendant's attorney (if represented) and the prosecuting attorney before filing an affidavit to surrender their principal. The new requirements aim to ensure more comprehensive communication and transparency in the bond surrender process, with the law taking effect on September 1, 2025.
Bill Text
relating to certain procedures in connection with a bond BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 17.19, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-1) to (a) Subject to Subsection (a-1), a [Any] surety that wants[, desiring] to surrender the surety's [his] principal and has notified [after notifying] the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of that [such] intention before the court or magistrate before which the prosecution is pending. The affidavit must state: (1) the court and cause number of the case; (2) the name of the defendant; (3) the offense with which the defendant is charged; (5) the cause for the surrender; and (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection and Subsection (a-1), if applicable. (a-1) If the offense with which the defendant is charged is classified as a felony under the Penal Code, in addition to satisfying the requirements provided by Subsection (a), a surety must, before filing the affidavit described by that subsection, notify the attorney representing the state with jurisdiction in the case of the surety's intention to surrender the principal. SECTION 2. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to certain procedures in connection with a bond
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