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Texas Code of Criminal Procedure - Article 23.05. Capias After Surrender Or Forfeiture

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 23.05. Capias After Surrender Or Forfeiture

Art. 23.05. CAPIAS AFTER SURRENDER OR FORFEITURE.  (a) If a 
forfeiture of bail is declared or a surety surrenders a defendant 
under Article 17.19, a capias shall be immediately issued for the 
arrest of the defendant, and when arrested, in its discretion, the 
court may require the defendant, in order to be released from 
custody, to deposit with the custodian of funds of the court in 
which the prosecution is pending current money of the United States 
in the amount of the new bond as set by the court, in lieu of a 
surety bond, unless a forfeiture is taken and set aside under the 
third subdivision of Article 22.13 of this code, in which case the 
defendant and his sureties shall remain bound under the same bail.
	(b)  A capias issued under this article may be executed by a 
peace officer or by a private investigator licensed under Chapter 
1702, Occupations Code.
	(c)  A capias under this article must be issued not later 
than the 10th business day after the date of the court's issuance of 
the order of forfeiture or order permitting surrender of the bond.
	(d)  The sheriff of each county shall enter a capias issued 
under this article into a local warrant system not later than the 
10th business day after the date of issuance of the capias by the 
clerk of court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1971, 62nd Leg., p. 2383, ch. 740, Sec. 1, eff. Aug. 
30, 1971.

Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 7, eff. Sept. 1, 
1999;  Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 
14.733, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 5, 
eff. June 20, 2003.

Last modified: August 10, 2007