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I just got done visiting with our county clerk's office about GA-0960 and the change in return of cash bail bonds. I wanted to make sure that our county clerk is interpreting the legislative change correctly.

The impression the clerk's office is that most, if not all, county clerk offices are going to return 100% of the cash bonds made AFTER September 1, 2011, but they are going to keep their usual 5% or $50 on any bond made PRIOR to September 1, 2011. So they are going off the date the bond was posted instead of the day the bond is returned.

My understanding of the legislative change is that Tex. Code Crim. Pro. Art. 17.02 currently controls and the date the cash bond is returned should be the important date. Meaning that any bond given back to a defendant, from this day forward should, should be 100% of the original cash bond, regardless of when the bond was made.

Can anyone shed a little light on this for me please.
Posts: 5 | Location: Lubbock, TX | Registered: June 19, 2012Reply With QuoteReport This Post
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From the text of HB 1658 (82nd Reg. Session):

SECTION 2. The change in law made by this Act applies only to a cash bond that is executed on or after the effective date of this Act. A cash bond executed before the effective date of this Act is governed by the law in effect when the cash bond was executed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.

Based on that, I think the clerks are in the clear.
Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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