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Texas Code of Criminal Procedure - Article 17.19. Surety May Obtain A Warrant

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.19. Surety May Obtain A Warrant

Art. 17.19. [285] [333] [321] SURETY MAY OBTAIN A 
WARRANT.  (a) Any surety, desiring to surrender his principal and 
after notifying the principal's attorney, if the principal is 
represented by an attorney, in a manner provided by Rule 21a, Texas 
Rules of Civil Procedure, of the surety's intention to surrender 
the principal, may file an affidavit of such intention before the 
court or magistrate before which the prosecution is pending.  The 
affidavit must state:
	(1)  the court and cause number of the case;                                   
	(2)  the name of the defendant;                                                
	(3)  the offense with which the defendant is charged;                          
	(4)  the date of the bond;                                                     
	(5)  the cause for the surrender;  and                                         
	(6)  that notice of the surety's intention to surrender the 
principal has been given as required by this subsection.
	(b)  If the court or magistrate finds that there is cause for 
the surety to surrender his principal, the court shall issue a 
warrant of arrest or capias for the principal.  It is an affirmative 
defense to any liability on the bond that:
	(1)  the court or magistrate refused to issue a warrant of 
arrest or capias for the principal;  and
	(2)  after the refusal to issue the warrant or capias the 
principal failed to appear.
	(c)  If the court or magistrate before whom the prosecution 
is pending is not available, the surety may deliver the affidavit to 
any other magistrate in the county and that magistrate, on a finding 
of cause for the surety to surrender his principal, shall issue a 
warrant of arrest or capias for the principal.
	(d)  An arrest warrant or capias issued under this article 
shall be issued to the sheriff of the county in which the case is 
pending, and a copy of the warrant or capias shall be issued to the 
surety or his agent.
	(e)  An arrest warrant or capias issued under this article 
may be executed by a peace officer, a security officer, or a private 
investigator licensed in this state.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 2, eff. June 20, 
1987;  Acts 1989, 71st Leg., ch. 374, Sec. 3, eff. Sept. 1,1989;  
Acts 1999, 76th Leg., ch. 1506, Sec. 3, eff. Sept. 1, 1999;  Acts 
2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003.

Last modified: August 10, 2007