HBA-SEP S.B. 173 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 173 By: Carona Criminal Jurisprudence 4/30/2001 Engrossed BACKGROUND AND PURPOSE Currently, a criminal defendant is refunded all cash funds posted for the defendant's bail bond if and when the defendant has complied with all of the conditions of that bond. Senate Bill 173 modifies the definition of "bail bond" to require, if and when the defendant complies with the conditions of the defendant's bond and on order of the court, any cash funds posted on a criminal defendant's bail bond to be refunded to the surety or to the defendant if there is no surety on the bond. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 173 amends the Code of Criminal Procedure to modify the definition of "bail bond" to require, if and when the defendant complies with the conditions of the defendant's bond and on order of the court, any cash funds posted on a criminal defendant's bail bond to be refunded to the surety or to the defendant if there is no surety on the bond. The bill authorizes the custodian of funds to deduct from the refund amount any outstanding fines and court costs owed by the defendant that relate to the offense for which the defendant was released on bail. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.