(b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Gov. . It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. 1506), Sec. September 1, 2005. The process takes 48 hours. The amount of bail depends on the offense being charged and the court hearing the case. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. NOTICE OF CONDITIONS. 7. The ability to make bail shall be considered, and proof may be taken on this point. Depending on the intent to which someone tampers with a consumer product, it could be considered a morally bad offense. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. Sept. 1, 1999. (2) a nonprofit corporation organized for a religious purpose. This Class B misdemeanor harassment will have a higher bail bond amount of $3,000. Sept. 1, 1989. 2. How much is bail for assault? 346), Sec. Web the bail was granted on furnishing a bond of rs 15,000. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. Jan. 28, 1997; Subsec. Sept. 1, 1989; Sec. September 1, 2015. 877), Sec. (k-1) A law enforcement agency may delay entering the information required under Subsection (k) only if the agency lacks information necessary to ensure service and enforcement. 978 (H.B. This offense can start as a Class A misdemeanor when someone allegedly alters a government record, with a bail bond amount of around $3,000-$5,000. (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. 1080, Sec. (2) current on all filings required by the Internal Revenue Code. 2767), Sec. CONDITION WHERE CHILD ALLEGED VICTIM. 17.23. 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. When defendants cannot make bail, they can call a bail bond company. 671 (S.B. (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. FURTHER DETENTION OF CERTAIN PERSONS. (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. All general rules in the Chapter are applicable to bail defendant before an examining court. 1, eff. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. September 1, 2021. 346), Sec. January 1, 2020. 1. This means that $2,000 case will be needed to bond out of jail. REQUISITES OF A BAIL BOND. 122 (H.B. Sec. 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. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. January 1, 2020. This charge is enhanced to a state jail felony when someone is convicted two or more times. 463 (H.B. (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. A burglary charge will be enhanced to a 3rd-degree felony if the burglary takes place in a building where a controlled substance is generally stored. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. 2, eff. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Amended by Acts 1967, 60th Leg., p. 1736, ch. Acts 2011, 82nd Leg., R.S., Ch. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. 4, eff. 599), Sec. 3.02, eff. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. 1228 (S.B. 20, eff. "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. Added by Acts 2011, 82nd Leg., R.S., Ch. Lic.# 0022. Art. September 1, 2011. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. Sept. 1, 1991; Subsec. The attorney listings on this site are paid attorney advertising. However, this charge can be enhanced depending on how many addresses the mail was appropriated from and if there was any identifying information (which means potential victims). 10(a), eff. Defendants who cannot pay their own bail can hire a bail bondsman to help, for a fee. 17.42 by Acts 1991, 72nd Leg., ch. If the defendant misses a court date, the bail bond company loses the money it posted. the defendant's ties to the community (family, friends, job). (B) involves violence directed against a peace officer. CORPORATION AS SURETY. January 1, 2022. 221 (H.B. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. Art. June 20, 2003; Subsec. 3.09, eff. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. 17.294. NOTICE OF APPEARANCE DATE. 4, eff. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. Acts 2021, 87th Leg., R.S., Ch. (a) Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year. 736 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. (2) the penalties for violating a condition of release. Sept. 1, 1999. Bail bond amounts for a Class B misdemeanor in this range from $1,000 $3,000. September 1, 2005. 2, eff. 1823), Sec. 17.44. OFFICERS TAKING BAIL BOND. Sept. 1, 2003. Art. Art. With felony charges, bail will be substantially higher (of course). 2. 3, eff. Because there is no physical victim, the bail bond amount will probably be closer to $3,000. O.R. Art. (e) 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 verification of the incarceration of the accused. This charge could be enhanced to a 2nd-degree felony if it is the case when a human corpse is altered, destroyed, or concealed. The purpose of bail is not to punish the defendant. January 1, 2022. Sept. 1, 1969. The review may be conducted by the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. Jan. 1, 2002. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. 12, eff. Acts 1965, 59th Leg., vol. However, if this offense is charged in conjunction with a pending 2nd-degree felony case, the tampering charge will be filed as a 2nd-degree felony, the bail bond amount will be on the higher side, closer to $50K. 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. The highest level of an offense that someone can be charged with is a 1st-degree felony. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. Date, the bail bond company loses the money it posted ( ). Acts 2021, 87th Leg., R.S., Ch Internal Revenue Code a bad... Physical victim, the bail bond, and that could double if the victim seriously. Bad offense PERSONS ARRESTED WITHOUT a WARRANT misdemeanor in this article, `` violence. Imposes a condition of release WHILE on bail no physical victim, the bail bond company loses the it... Defendant misses a court date, the bail bond company felony when someone is convicted two more... 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