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					Chapter 736
                                                                       H.B. No. 1070
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 1                                         AN ACT 

 2    relating to the taking of a defendant's bail bond by county jailers. 

 3              BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 4              SECTION 1.     Chapter   17,   Code   of   Criminal    Procedure,   is
 5    amended by adding Article 17.025 to read as follows:
 6              Art. 17.025.      OFFICERS TAKING BAIL BOND.     A jailer licensed
 7    under     Chapter   1701,    occupations Code,       is considered to be an
 8    officer for the purposes of taking a bail bond and discharging any
 9    other related powers and duties under this chapter.
10              SECTION 2.     Article 17.05, Code of Criminal Procedure, is
11    amended to read as follows:
12              Art. 17.05.    WHEN A BAIL BOND IS GIVEN.             A bail bond is
13    entered into either before a magistrate, upon an examination of a
14    criminal accusation, or before a judge upon an application under
15    habeas corpus; or it is taken fr,om the defendant by a peace officer
16    or jailer if authorized by Article 17.20, 17.21, or 17.22.
17              SECTION 3.     Article 17.20, Code of Criminal Procedure, is
18    amended to read as follows:
19              Art. 17.20.     BAIL IN MISDEMEANOR.       In cases of misdemeanor,
20    ~       [~]    sheriff[T] or other peace officer, or a jailer licensed
21    under Chapter 1701, Occupations Code fiR eases ef                misaemeaRe~],

'22   may, whether dur ing the term of the court or in vacation, where the
23    officer [&&] has a defendant in custody, take of the defendant a
24    bail bond.



                                               1

                                                                   H.B. No. 1070
 1         SECTION 4.    Article 17.21, Code of Criminal Procedure, is
2    amended to read as follows:
 3         Art. 17.21.    BAIL IN FELONY.    In cases of felony, when the
4    accused is in custody of the sheriff or other       [~eaee]    officer, and
 5   the court before which the prosecution is pending is in session in
6    the county where the accused is in custody, the court shall fix the
 7   amount of bail, if it is a bailable case and determine if the
8    accused is eligible for a personal bond; and the sheriff[T] or other
 9   peace officer, unless it be the police of a city, or a jailer
10   licensed under Chapter 1701, Occupations Code, is authorized to
11   take a bail bond of the accused in the amount as fixed by the court,
12   to be approved by such officer taking the same, and will thereupon
13   discharge the accused fr.om custody.    The [It saall Ret; se ReeeSSal'Y
14   fel' t;ae] defendant and the defendant's    [81'   ais] sureties are not
15   required to appear in court.
16         SECTION 5.    Article 17.22, Code of Criminal Procedure, is
17   amended to read as follows:
18         Art. 17.22.    MAY TAKE BAIL IN FELONY.       In a felony case, if
19   the court before which the same is pending is not in session in the
20   county where the defendant is in custody, the sheriff[T] or other
21   peace officer, or a jailer licensed under Chapter 1701, Occupations
22   Code, who has the defendant [aa'JiRIjJ ailll] in custodY[T] may take the
23   defendant's [A-ie] bail bond in such amount as may have been fixed by
24   the court or magistrate, or if no amount has been fixed, then in
25   such amount as such officer may consider reasonable.
26         SECTION 6.    This Act takes effect immediately if i t receives
27   a vote of two-thirds of all the members elected to each house, as


                                        2

                                                        H.B. No. 1070
1   provided by Section 39, Article III, Texas Constitution.   If this
2   Act does not receive the vote necessary for immediate effect, this
3   Act takes effect September 1, 2011.




                                      3

                                                               H.B. No. 1070



                 the Senate                  Speaker of the House

      I certify that H. B. No. 1070 was passed by the House on Apr i l
21, 2011, by the following vote:    Yeas 148, Nays 0, 1 present, not
voting.




      I certify that H.B. No. 1070 was passed by the Senate on May
24, 2011, by the following vote:




APPROVED:      17 VeNtl'lt
                     Date




                   Governor




                                        FILED IN THE OFFICE OF H; 

                                           SI;I:RE:TAF~Y OF STATE 

                                               . 00 pfX1.. ('I'CLOCK
                                               JUN~.lA,



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