Case Information
*1 The Attorney General of Texas December 27, 1984 JIM MAlTOX
, torney General Eouorable Patrick J. Ili.dley opinion No. JN-271
! pmms cowl Building Bell County Attorney Io.soxl2549 *uslln, lx. 7S711- 2549 Re: Whether e sheriff must P. 0. Box 474 512l4752501 Belton. Texas 76513 accept a bail bond to obtain 1 ex 9101874-1397 the release of (I person held 1 ecqder 512N73.0299 on a warrant or caplas issued
In another county i I Jacke.qn. Suite 700 I IISS, lx. 75202-4!x9 Dear Ur. Rldley: 2 14n42a944
You inform us that a problem is presented in the application of sect:lon 14(a). vhen a person is arrested and charged ‘ ?4 Albsrh Am, SUIIS IO with s crininsl violation occurring in one county, and, while he is in El Paso. lx. 799052793 915i333aa detention, it is discovered that a capias or a warrant has been issued
on that Individual by rmother county. The accused offers to post bail bonds on all criminal offenses through a bail bondsmen licensed by the 1001 TSXSS. suite 700 bail bond board In the county in vhich the accused vas arrested, but Houston, TX. 77092-3111 not licensed in the clxmty in which it Is discwcred thst a cepias or 1 la23-5595 a verrant hae been lenucd.
909 Sr.xdway. Suite 312 In that regard you ask: 1 >bock.TX. 794015479 E v747.5239 Pursusnt Vernon’s Civ. Ann. St. Art. 2372p-3, sec. 14(a), 1s s sheriff in the county of arreat
( R N. Tsnlh. Suile B to sccept s bail bond from a bondsmen I Alh. lx. 79591.1995 In the county of arrest. when that bond 5121682.4547 ia offered to obtein the release of the arrested person who :.(I held on a warrant [or capiaa] issued
; ) MSh Plazs, SUllS 4w lo a county other then the one in which the person Ssn Antonio. TX. 781052797 vaa arrested? 51212254191 We conclude that article 2372p-3, section 14(a), V.T.C.S., requires a sheriff the count:r of arrest to accept and approve a bail bond An Equal Opporlunllyl Allirm4ilve Acllon Employor offered by a bail bondsman in the county of arrest to obtein
the release of the dlccused who is being held on en out-of-county capias or warrant. This construction of article 2372p-3, does not conflict with other provisions the Texas Code of 14Ws Criminal Procedure and is consistent with intent and purpose of the Ball Bondsman Act,
Article 14(e) provides: *2 lionorsble Patrick J. Ridley - PaRc 2 (JH-271) (a) In my county or district cese in
Sec. 14. vhich the posting of bonds Is required 88 e condition of release, !:he sherfff shell accept or approve e bond poated_),y a licensed bondsman only in accordance with rules this Act end prescribed by the bo,;rd, but e sheriff may not refuse accept a 6~11 bond from a licensed bondsman who meets thtiyrequirements of Subdivision (4) or (5) of Subaect Fm (a) of Section 6 of this Act. -
Id. (Rmphasis added). In 1973, the Sixty-third I.oglslature declared the business that
of executing bail bonds we8 e business effecting the public interest,
end, es 8 result, the Bail Bondsman Act we8 enacted. V.T.C.S. art.
2372p-3. The Supreme Court of Texas upheld the constitutionality
the act In 1974. See Robinson ‘v. Hill, SO7 S.W.2d 521 (Tex. 1974).
The ect has been emaed three lrj.mes in order to effectuate the intent
of the legislature, which is to preserves the constitutional right
bail ‘end to provide practical procedures governing the giving or
making of bail bond end other security to guarantee the appearnnce of
the eccused. See V.T.C.S. art. :!372p-3, 51 as emended. -
As e preliminary considerr~tion, article 14(a).
V.T.C.S.. does not regulate “taking of bail”; it merely prescribes
the procedure whereby .a sheriff shall accept or approve a bond posted
by a bondsman. The Court of Criminal Appeals has
adopted this office’s interp~;ttlon of the concept “take” or “taking”
bond to mean the regulation of the amount of bail to be posted by the
accused. See Rokr v. State. Ii45 S.W.2d 463 (Tex. Crlm. App. 1977)
(adopting Attorney General Opinion R-856 (1976)) interpreting 17.20 of the Code of Criminal Procedure). We agree this
construction should also be spp,l:Led when it is referenced elsewhere
the Code of Criminal Procedurlr. See Code Crim. Proc. erts. 15.18
(arrest for out-of-county offense),T.OS (when bail is given). 17.22
(bail in felony cases), 23.11 (sheriff may take bail in felony case).
23.12 (court shell fix bail fr felony), 23.14 (bail in misdemeanor
cases), 23.17 (return of bail ard capias).
We believe that erticle 14(a). V.T.C.S.. is mandatory because it prescribes the circumstances by which a public
officer shell perform his statutory duty. See State V. Fox. 133
S.W.2d 987 (Tex. Clv. App. - ,Austin 1939. vx ref’d); Sutherland Thus, a sheriff is required
stat. Construe. 557.14 (4th ea.).
accept or approve a bond posted by a bondsman in accordance
with the Bail Bondsman Act and the rules prescribed by the county bail
bondsman board. The sheriff i,; also to accept or approve a
bond posted by a licensed bail bondsman who has furnished the county
P. :.:109 *3 (JM-271)
Honoreble Petrfck J. Ridlay - I?nge 3
beil bond board with regarding security for the peyment of lnformeti~l~ See V.T.C.S. ert. bell bonds the form of a sworn epplication. sec. 14(e); V.T.C.S. art. 2372p-3, sec. 6TThe mandate is
especielly appllceble when the bondsman is in the county of
errest beceuae the sheriff hat; the necessary financiel information
determine whether there will be sufficient security to l neure the
presence of the eccused. there is no apparent conflict
In regsrd to your first question, between article 15.18 of Code of Criminal Procedure end section lwtlcle 15.18 of the Code of Criminal
14(e) of article 2372~3.
Procedure provides:
One arrested undel a warrant issued in a county other then the one in which the person is arrested shell be taken before e magistrate of the county where the errest takes place who shell take bail. if allwed by lev. and immediately transmit the bond taken to- the ccurt having jurisdiction of the offense. (Emphasis added).
-
Thus, if the sccused 11; srrested under a werrent Issued in a county other then the one In ,s!hich he was errested, the accused shell
be tsken before a. local magistrate “vho shell take bail, if sllwed by
lev, end Immediately transmit the bond taken to the court. . . .” See
Lyle6 v. State, 653 S.U.Zd 775 (Tex. Grim. App. 1983) (Clinton. J..
concurring, p. 780. n. 2). Likewise, the Texas Court of Criminal
Appeals held H.18 is e procedural mandate by the
legislature for one arrested under a werrant Issued in another county.
See Gent V. State. 649 S.W.2d 30 (Tex. Grim. App. 1983). cert. denied,
104 s. ct. 122 (1983).
The sheriff’s duty to accept bond under article 14(a). V.T.C.S.. remains. Th! magistrate regulates the amount of bail then required to allow
end the sheriff is the accused the right
post bond. If the bond Is powed by a bondsman licensed in the county
of errest. 14(a) requfces the sheriff to accept or approve the
bond so long es the licensed b,ondsman has complied with the provisions the Bail Bondsman Act. Once the bond is posted on the
out-of-county warrant, the accused should be released from the custody
of the sheriff, end the bond is then transmitted to the court having
jurisdiction in the county where the werrant was issued. See Code of - Crim. Proc. ert. 15.18.
In regard to your second question, the sheriff is again required accept or approve a bond posted by a licensed bondsman if accused has been detained on an out-of-county capias. V.T.C.S. ert. *4 J. Ridley - Pc,g,e 4 (J~-271)
Honorable PAtriCk t0 Any PeACe Officer Of SeC. The CApiAll iA A comnd l&(A). the State of Texas to ArreAt the named accused and bring him before the court at A time prescribed See Code Cria. Proc. arts. therein. A CAP~AA may be issuedin either or felony 23.01, 23.02. A
misdemeanor case. See Code Crlm. Proc. arts. 23.03. 23.04. In instances thzheriff lnay regulate the amount of bail to be certein posted by the Accused. See Code Grim. Proc. 23.11. 23.14. arts.
Article 23.17, Code of Canal Procedure, provides that “when An
arrest has been made and A bail taken, such bond, together with
CApiAA , shall be returned fc~rthwith to the proper court.”
Therefore. sheriff is still to comply with the mandat;;?; IAnpage of article 23?2p-3, section V.T.C.S.. and accept or 14(a).
approve bail posted by A bai:. bondsman the county of
Arrest. We believe this c~x~struction of article 2372p-3,
14(A). will not frustrate the pl’rpose of the Bail Bondsman Act. S IJMMARY
-- Article 2372p-3, 14 (A), V.T.C.S., requires A sheriff i:~ the county of arrest accept and approve A bail bond offered by A bail bondsman fn the county of arrest obtain the release the accused who is being held on an out-of-county caplas or warrant.
&Ig”~?l&ttw
Attorney General of Texas TOM GREEN
First Assistant Attorney Generd
DAVID R. RICHARDS
Executive Assistant Attorney G(!rlerAl
RICK GILPIN
Chairman. Opinion Coaunlttee
Prepared by Tony Guillory
Assistant Attorney General
p. 1211
n
Honorable Patrick J. Ridley - Ps.ge 5 (JH-2713
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chainnan
Jon Bible
Colin Carl
Tony Guillory
Jim noellinger
Jennifer Riggs
Nancy Sutton
r. 1212