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Texas Code of Criminal Procedure - Article 17.16. Discharge Of Liability; Surrender Or Incarceration Of Principal Before Forfeiture

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.16. Discharge Of Liability; Surrender Or Incarceration Of Principal Before Forfeiture

Art. 17.16. DISCHARGE OF LIABILITY;  SURRENDER OR 
INCARCERATION OF PRINCIPAL BEFORE FORFEITURE.  (a) A surety may 
before forfeiture relieve himself of his undertaking by:
	(1)  surrendering the accused into the custody of the sheriff 
of the county where the prosecution is pending;  or
	(2)  delivering to the sheriff of the county where the 
prosecution is pending an affidavit stating that the accused is 
incarcerated in federal custody, in the custody of any state, or in 
any county of this state.
	(b)  For the purposes of Subsection (a)(2) of this article, 
the bond is discharged and the surety is absolved of liability on 
the bond on the sheriff's verification of the incarceration of the 
accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 1, eff. June 20, 
1987.

Last modified: August 10, 2007