Acts 2011, 82nd Leg., R.S., Ch. 1352 (S.B. September 1, 2005. Added by Acts 1995, 74th Leg., ch. The key to getting someone out of jail usually involves paying bail. (l) In the order for emergency protection, the magistrate shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the defendant. It is enhanced to a 3rd-degree felony when someone has been convicted two or more times or violated the order by committing an assault. (f) A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System. Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. 3000), Sec. I am without means to pay ______ and I hereby request that an appropriate bail be set. 2.09, eff. It's the middle of the night and you get a call from a friend or loved one who has been arrested. 1, eff. (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. September 1, 2021. 6), Sec. 318, Sec. The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. June 17, 2005. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. Aug. 29, 1977. (e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: (1) the number for each category of offense; (f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary. The attorney listings on this site are paid attorney advertising. 17.441. 346), Sec. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. September 1, 2011. Sept. 1, 1999. If the bail is paid, or posted, the defendant can be released from custody pending trial. This Class B offense can have a bail bond of upwards of $3,000 because it involves a victim, and it is morally wrong. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. 17.15. 2767), Sec. WHEN READY TO GIVE BAIL. 12, eff. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. PUBLIC SAFETY REPORT. 1, eff. The witness in this case is part of an already pending case. Sept. 1, 1999. (d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days. State laws generally require that a defendant be brought before a judge for one of these hearings within 48 to 72 hours after arrest. Depending on the intent to which someone tampers with a consumer product, it could be considered a morally bad offense. Sec. (i-1) The copy of the order and any related information may be sent under Subsection (h) or (i) electronically or in another manner that can be accessed by the recipient. General battery ( not causing great bodily harm) against an officer is charged as a third . Acts 2005, 79th Leg., Ch. This charge can be enhanced to a Class A misdemeanor depending on whether it is committed in a home or shelter center, or if the person carried a deadly weapon during the offense. Sec. 768, Sec. 657, Sec. 2(6), eff. September 1, 2021. Because there is no physical victim, the bail bond amount will probably be closer to $3,000. release doesn't cost anything but isn't a free pass; it still comes with strings attached. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. Added by Acts 2001, 77th Leg., ch. September 1, 2005. 623, Sec. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. 346), Sec. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. 122 (H.B. 17.071. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. 2.05, eff. Sept. 1, 1997; Subsecs. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. 1263 (H.B. 17.0501. 17.17. When it comes to common crimesfor example, shoplifting or reckless drivingthe police sometimes use preset bail schedules. Gov. September 1, 2009. 14, Sec. Sec. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6). So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. September 1, 2021. The payment of bail does two things: It grants the defendant freedom (at least until the date of trial) and discourages the defendant from skipping town (or the trial). Acts 2017, 85th Leg., R.S., Ch. Defendants who post bond have to abide by the conditions of their release. 787, Sec. This is a heinous offense committed against someone else. 5, eff. The lowest level of felonies is a state jail felony. Because a victim or victims are involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 5. Sept. 1, 1999. Sept. 1, 1999. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. The bail bond amount can range from $1,000-$3,000.Enhanced Convicted two or more times or computer is owned by the government or critical infrastructure State Jail Felony. Its enhanced to state jail felony if someone has previously been convicted. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. Sept. 1, 1989. Class A misdemeanors can have bail bond amounts ranging from $3,000-$7,000. 17.026. Added by Acts 2009, 81st Leg., R.S., Ch. 23, Sec. Sec. It can also be reduced if the case gets delayed. Art. 284(57), eff. 1, eff. The magistrate shall make a separate record of the service in written or electronic format. Sec. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. Those motions outline why bail should be lowered. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. 1, eff. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. 1173), Sec. As local officials shrink jail populations due to coronavirus, Texas Gov. 4, eff. (2) "Offense involving violence" means an offense under the following provisions of the Penal Code: (D) Section 20.04 (aggravated kidnapping); (E) Section 20A.02 (trafficking of persons); (F) Section 20A.03 (continuous trafficking of persons); (G) Section 21.02 (continuous sexual abuse of young child or disabled individual); (H) Section 21.11 (indecency with a child); (I) Section 22.01(a)(1) (assault), if the offense is: (i) punishable as a felony of the second degree under Subsection (b-2) of that section; or. SECURITY OF WITNESS. Written by Eric Torberson in Criminal Defense Bail for DWI in Texas depends on the level of the offense just like any other charge. 6), Sec. This charge can be enhanced to a 2nd-degree felony if the parties involved are related by blood or adoption. 1, eff. Acts 2021, 87th Leg., 2nd C.S., Ch. Because this is considered to be a morally wrong offense, and a victim could be involved, the bail bond amount will be closer to $20K. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. 1. is facing charges for murder, assault on a child, and torture in the death of . Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. Acts 2021, 87th Leg., 2nd C.S., Ch. 1, eff. 12.34 of the Texas Criminal Penal Code, the punishment for a 3rd-degree felony states, (a) An individual convicted of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. 656, Sec. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. June 17, 2011. The defendant is responsible for paying the company back. Once that's completed, the defendant, or someone on the defendant's behalf, can post bail according to a bail schedule (assuming it's an option) without seeing a judge. 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