Resource Highlight: Cash Bond Refund Form from OCA

Section 13 of S.B. 6, known as the Damon Allen Act, added Section 17.53 to the Code of Criminal Procedure requiring OCA to develop statewide procedures and prescribe forms to be used by a court to facilitate the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name a receipt described by Article 17.02 was issued; and the application of those cash funds to the defendant’s outstanding court costs, fines, and fees.

OCA has indeed created that form. Information regarding the form and these procedures can be found here, as well as below.

The clerk of the court shall make this form available for no charge to the requestor after final disposition of a criminal case. 

The procedures as listed on the page also mention fees that can be charged to compensate “the county” for expenses in handling the funds. This begs the question for municipal courts: Can municipal courts charge the fee to compensate the city? It’s unclear. See the note about the fees below in italics as taken from the website.

Fees Charged under LGC 117.055 Effective 12/02/2021

  • Pursuant to Section 117.055, Local Government Code, to compensate the county for the accounting and administrative expenses incurred in handling the registry funds that have not earned interest, including funds in a special or separate account, the Clerk may deduct a fee equal to 5% of the withdrawal, but not to exceed $50, at the time of refunding a cash bail bond if:
    • Defendant was found guilty at trial or after appeal; or
    • Defendant entered a plea of guilty or nolo contendre and was convicted by the court or placed on deferred adjudication.
  • Clerk may NOT deduct the fee if:
    • Defendant was found NOT guilty at trial or after appeal; or
    • The complaint, information or indictment was dismissed without a plea of guilty or nolo contendre being entered.
  • If the Clerk deducts a fee before final disposition of the criminal case and the court subsequently makes or enters an order or ruling that would have prohibited the deduction of a fee if it had been entered before the bond was refunded, the Clerk must refund the amount of the deducted fee to the person who requested the refund of the cash bail bond funds. This DOES NOT apply to a dismissal following successful completion of deferred adjudication.

Download here: Motion to Release Funds Deposited for Cash Bail Bond

Published by markgoodner

General Counsel & Director of Education, TMCEC

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