Bill Analysis
The current Code of Criminal Procedure is ambiguous regarding who is able to file a motion to discharge a bail bond. This represents a problem for certain "sureties" (guarantors of bail payment).
If, for instance, a defendant is arrested and released on bond, it is entirely possible for the defendant to remain on bond indefinitely if no determination regarding his/her charges is made. If no charges are formally filed, the bond remains on the surety's list of open bonds.
House Bill 643 clarifies who is authorized to file a motion to discharge a bond. The bill would allow a surety to file such a motion when the defendant has been put into custody and no indictment or information has been presented against him/her on or before the last day of the next term of the court which is held after the defendant's commitment or admission to bail, or on or before the 180th day after the date of commitment or admission to bail (whichever date is later).
