Texas Bail Bond Statutes

austin jail release attorney lawyer bondsman

Posted on: July 24, 2016
Austin Bail Bond Attorney Jason Trumpler
 
CONTACT US TODAY AT 512-457-5200!
 
 
CODE OF CRIMINAL PROCEDURE
 
TITLE 1. CODE OF CRIMINAL PROCEDURE
 
CHAPTER 17. BAIL
 
Art. 17.01. DEFINITION OF "BAIL".  "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.
 
Art. 17.02.  DEFINITION OF "BAIL BOND".  A "bail bond" is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may 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 bond in lieu of having sureties signing the same.  Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, after the defendant complies with the conditions of the defendant's bond, to:
(1)  any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or
(2)  the defendant, if no other person is able to produce a receipt for the funds
 
Art. 17.03. PERSONAL BOND.  (a)  Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without sureties or other security.
(b)  Only the court before whom the case is pending may release on personal bond a defendant who:
(1)  is charged with an offense under the following sections of the Penal Code:
(A)  Section 19.03 (Capital Murder);
(B)  Section 20.04 (Aggravated Kidnapping);
(C)  Section 22.021 (Aggravated Sexual Assault);
(D)  Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, or Court Participant);
(E)  Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);
(F)  Section 29.03 (Aggravated Robbery);
(G)  Section 30.02 (Burglary);
(H)  Section 71.02 (Engaging in Organized Criminal Activity);
(I)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children); or
(J)  Section 20A.03 (Continuous Trafficking of Persons);
(2)  is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or
(3)  does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body.
(c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.
(d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.
(e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
(f) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(g) The court may order that a personal bond fee assessed under Section 17.42 be:
(1) paid before the defendant is released;
(2) paid as a condition of bond;
(3) paid as court costs;
(4) reduced as otherwise provided for by statute;  or
(5) waived.
 
Art. 17.031. RELEASE ON PERSONAL BOND.  (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.  The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown.
(b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county.
 
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY ILL DEFENDANTS.  (a)  In this article, "violent offense" means an offense under the following sections of the Penal Code:
(1)  Section 19.02 (murder);
(2)  Section 19.03 (capital murder);
(3)  Section 20.03 (kidnapping);
(4)  Section 20.04 (aggravated kidnapping);
(5)  Section 21.11 (indecency with a child);
(6)  Section 22.01(a)(1) (assault);
(7)  Section 22.011 (sexual assault);
(8)  Section 22.02 (aggravated assault);
(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 children); or
(13)  Section 20A.03 (continuous trafficking of persons).
(b)  A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the:
(1)  defendant is not charged with and has not been previously convicted of a violent offense;
(2)  defendant is examined by the local mental health or mental retardation authority or another mental health expert under Article 16.22 of this code;
(3)  applicable expert, in a written assessment submitted to the magistrate under Article 16.22:
(A)  concludes that the defendant has a mental illness or is a person with mental retardation and is nonetheless competent to stand trial; and
(B)  recommends mental health treatment for the defendant; and
(4)  magistrate determines, in consultation with the local mental health or mental retardation authority, that appropriate community-based mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or mental retardation treatment as recommended by the local mental health or mental retardation authority if the defendant's:
(1) mental illness or mental retardation is chronic in nature;  or
(2) ability to function independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a condition of release imposed under Subsection (c) of this article, the magistrate may require the defendant to comply with other conditions that are reasonably necessary to protect the community.
(e) In this article, a person is considered to have been convicted of an offense if:
(1) a sentence is imposed;
(2) the person is placed on community supervision or receives deferred adjudication;  or
(3) the court defers final disposition of the case.
 
Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT.  (a)  Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(c)  On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a), (a-1), or (b) for not more than 72 hours after the person's arrest.  An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.
(d)  The time limits imposed by Subsections (a), (a-1), and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17.  For a person described by this subsection, the time limits imposed by Subsections (a), (a-1), and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.
 
Art. 17.04. REQUISITES OF A PERSONAL BOND.  A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required.  In addition, a personal bond shall contain:
(1) the defendant's name, address, and place of employment;
(2) identification information, including the defendant's:
(A) date and place of birth;
(B) height, weight, and color of hair and eyes;
(C) driver's license number and state of issuance, if any;  and
(D) nearest relative's name and address, if any;  and
(3) the following oath sworn and signed by the defendant:
"I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear."
 
Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL.  The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail;  they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
 
Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less;  or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
Sec. 2.  The provisions of this article do not apply to a defendant who is:
(1)  serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2)  being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3)  incompetent to stand trial, during the period of the defendant's incompetence; or
(4)  being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.
 
Art. 17.152.  DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.  (a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b)  Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to:
(1)  the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or
(2)  the safety of the community.
(c)  Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense.
(d)  A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit:
(1)  family violence; or
(2)  an act in furtherance of an offense under Section 42.072, Penal Code.
(e)  In determining whether to deny release on bail under this article, the judge or magistrate may consider:
(1)  the order or condition of bond;
(2)  the nature and circumstances of the alleged offense;
(3)  the relationship between the accused and the victim, including the history of that relationship;
(4)  any criminal history of the accused; and
(5)  any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.
(f)  A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17.  At that time, the magistrate shall conduct the hearing and make the determination required by this article.
 
Art. 17.153.  DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM.  (a)  This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);
(3)  Section 43.25 (Sexual Performance by a Child);
(4)  Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have:
(A)  trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or
(B)  benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or
(5)  Section 43.05(a)(2) (Compelling Prostitution).
(b)  A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community.  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.  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.  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.
 
Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.  (a)  At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of:
(1)  the victim of the offense;
(2)  the guardian of the victim;
(3)  a peace officer; or
(4)  the attorney representing the state.
(b)  At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves:
(1)  serious bodily injury to the victim;  or
(2)  the use or exhibition of a deadly weapon during the commission of an assault.
(c)  The magistrate in the order for emergency protection may prohibit the arrested party from:
(1)  committing:
(A)  family violence or an assault on the person protected under the order; or
(B)  an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code;
(2)  communicating:
(A)  directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner;
(B)  a threat through any person to a member of the family or household or to the person protected under the order; or
(C)  if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court;
(3)  going to or near:
(A)  the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or
(B)  the residence, child care facility, or school where a child protected under the order resides or attends; or
(4)  possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
(c-1)  In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order.
(d)  The victim of the offense need not be present when the order for emergency protection is issued.
(e)  In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted.
(f)  To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection.
(f-1)  To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails.
(f-2)  To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code:
(1)  is informed of the existence of the order issued under this article;  and
(2)  makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article.
(g)  An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
(h)  As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality.  If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment.  The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued.
(h-1)  A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement.
(i)  If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school.
(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.
(j)  An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order by the magistrate or the magistrate's designee in person or electronically.  The magistrate shall make a separate record of the service in written or electronic format.  An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance.  An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance.  After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that:
(1)  the order as originally issued is unworkable;
(2)  the modification will not place the victim of the offense at greater risk than did the original order; and
(3)  the modification will not in any way endanger a person protected under the order.
(k)  To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
(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.
(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.
(m)  In this article:
(1)  "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code.
(2)  "Firearm" has the meaning assigned by Chapter 46, Penal Code.
(3)  "Business day" means a day other than a Saturday, Sunday, or state or national holiday.
(n)  On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection.  On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j).
Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS.  The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters.  On receipt of the order suspending the license, the department shall:
(1)  record the suspension of the license in the records of the department;
(2)  report the suspension to local law enforcement agencies, as appropriate; and
(3)  demand surrender of the suspended license from the license holder.
 
Art. 17.41. CONDITION WHERE CHILD ALLEGED VICTIM.  (a)  This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct); or
(3)  Section 43.25 (Sexual Performance by a Child).
(b)  Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not:
(1)  directly communicate with the alleged victim of the offense; or
(2)  go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.
(c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.
(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.
 
Art. 17.42. PERSONAL BOND OFFICE.
Sec. 1. 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.
Sec. 2.  (a)  The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office.
(b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district.
Sec. 3. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population.
Sec. 4.  (a)  If a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater.  The court may waive the fee or assess a lesser fee if good cause is shown.
(b) Fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition.
(c) 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.
Sec. 5.  (a)  A personal bond pretrial release office established under this article shall:
(1)  prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond;
(2)  update the record on a monthly basis; and
(3)  file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office.
(b) In preparing a record under Subsection (a), the office shall include in the record a statement of:
(1) the offense with which the person is charged;
(2) the dates of any court appearances scheduled in the matter that were previously unattended by the person;
(3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release;
(4) whether the person has failed to comply with conditions of release on personal bond;  and
(5) the presiding judge or magistrate who authorized the personal bond.
(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.
Sec. 6.  (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.
(b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of:
(1) the office's operating budget;
(2) the number of positions maintained for office staff;
(3) the number of accused persons who, after review by the office, were released by a court on personal bond;  and
(4) the number of persons described by Subdivision (3):
(A) who were convicted of the same offense or of any felony within the six years preceding the date on which charges were filed in the matter pending during the person's release;
(B) who failed to attend a scheduled court appearance;
(C) for whom a warrant was issued for the person's arrest for failure to appear in accordance with the terms of the person's release;  or
(D) who were arrested for any other offense while on the personal bond.
(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.
 
Art. 17.43. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION.  (a)  A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate.
(b) Cost of monitoring may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
 
Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION.  (a)  A magistrate may require as a condition of release on bond that the defendant submit to:
(1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate;  or
(2) testing on a weekly basis for the presence of a controlled substance in the defendant's body.
(b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(c)  The magistrate may revoke the bond and order the defendant arrested if the defendant:
(1)  violates a condition of home confinement and electronic monitoring;
(2)  refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or
(3)  fails to pay the costs of monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article.
(e)  The cost of electronic monitoring or testing for controlled substances under this article may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
 
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK.  (a)  Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator;  and
(2) not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.
(c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond.
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device.  If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate.  The defendant shall pay the initial fee at the time the agency verifies the installation of the device.  In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service.  The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
 
Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.  A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus.
 
Art. 17.46. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING.  (a)  A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not:
(1) communicate directly or indirectly with the victim;  or
(2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations.
 
Art. 17.47.  CONDITIONS REQUIRING SUBMISSION OF SPECIMEN.  (a)  A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
(b)  A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
 
Art. 17.49.  CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE.  (a)  In this article:
(1)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(2)  "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology.  The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
(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 the costs associated with operating that system in relation to the defendant; or
(3)  except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay the costs associated with providing the victim with an electronic receptor device that:
(A)  is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and
(B)  notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1).
(c)  Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near.  If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations.
(d)  Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding:
(1)  the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation;
(2)  the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(3)  any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations;
(4)  any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article;
(5)  the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails;
(6)  community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence;  and
(7)  the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(e)  In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article.
(f)  In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial.
(g)  An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time.  The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this article.
(h)  If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay costs under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device.
(i)  If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full.  The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant.
(j)  A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article.
(k)  A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter.
(l)  This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes.
 

map

The Law Offices of Jason Trumpler View Locations

Contact Stamp

Contact Us

Dear The Law Offices of Jason Trumpler,

Hello, my name is , I am interested in scheduling an appointment and would like more information about . Please email me or call me .

Thank you