(a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 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. Art. September 1, 2009. (e) A defendant who is denied bail or who is unable to give bail in the amount required by any bail schedule or standing order related to bail shall be provided with the warnings described by Article 15.17. Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. 284(45), eff. 900, Sec. Found inside – Page 93If a violation of section 337 is found , the bond may be forfeited to the complainant under terms and conditions prescribed by the Commission . To enter merchandise that is the subject of a Commission exclusion order , importers must ... Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. Aug. 26, 1991. 1, eff. 17.291. Added by Acts 2001, 77th Leg., ch. 8), Sec. ACCUSED LIBERATED. 17.14. 3751), Sec. (T) Section 43.25 (sexual performance by a child). (m) Notwithstanding Subsection (a), a magistrate 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). When the conditions of a surety bond securing participation in a program of probation have been satisfied or a forfeiture of a bond has been set aside or remitted, the court shall discharge the surety and release the bond. 2.06, eff. (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. A Bond of Qualifying Individual is required if the license is qualified by a Responsible Managing Employee (RME). Art. 17.025. All general rules in the Chapter are applicable to bail defendant before an examining court. (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. 950 (S.B. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. COVID-19 Effects on CSLB Services/Email a CSLB Division, California’s Construction Industry Guidance, U.S. Department of Labor Construction Guidelines, Bond of Qualifying Individual Exemption Certification. (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. 17.028. March 19, 1993. 1, eff. 1352 (S.B. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. Sept. 1, 2001. 3165), Sec. (2) promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. Art. (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. Added by Acts 1989, 71st Leg., ch. 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. (c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient 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) 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. (a) amended by Acts 1995, 74th Leg., ch. Market conditions constantly affect the fund’s value, although the diversification inherent in a fund generally reduces the market risk of any one bond issuer. (2) in compliance with the training requirements of Article 17.024. 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. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended 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 if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. 17.071. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person. Such affidavit shall not be conclusive as to the sufficiency of the security; and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same. 3.06, eff. September 1, 2005. December 2, 2021. Pauli Exclusion Principle. (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. 17.15. (a) amended by Acts 1995, 74th Leg., ch. 1, eff. 1113 (H.B. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. (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. 1) IGNITION INTERLOCK VIOLATION (46.20.750) 2) VEHICULAR ASSAULT (46.61.522(2)) Bond Information: $25,000.00 Bond or $2,500.00 Cash (Whitman Co. Superior) Sentence Class: SF: Goodtime Release Date: 3/17/2022 9:30:00 PM The amount of such expense shall be in addition to the principal amount specified in the bond. September 1, 2005. 1562), Sec. Acts 2015, 84th Leg., R.S., Ch. 1350 (H.B. Amended by Acts 1971, 62nd Leg., p. 3045, ch. Sept. 1, 1995. 2, eff. 2, eff. 1, eff. Art. 1913), Sec. Art. 17.022. 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. 5, 6 added by Acts 1995, 74th Leg., ch. Art. Art. 2390), Sec. Sept. 1, 1989. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. Art. January 1, 2017. PUBLIC SAFETY REPORT SYSTEM. 1068), Sec. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and. 1276 (H.B. 194), Sec. The cameras caught Bond opening Haynes’s mailbox, stealing an envelope, and stuffing potassium dichromate inside the muffler of Haynes’s car. Acts 2009, 81st Leg., R.S., Ch. (c) amended by Acts 2003, 78th Leg., ch. Some examples are: No statute of limitations; Can't wait out the VOP. Sec. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. 17.153. 1, Sec. GENERAL RULES APPLICABLE. 2, eff. 2, Sec. (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. 17, eff. (5) the magistrate finds, after considering all the circumstances, a pretrial risk assessment, if applicable, and any other credible information provided by the attorney representing the state or the defendant, that release on personal bond would reasonably ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. Acts 2007, 80th Leg., R.S., Ch. 588, Sec. (b) amended by Acts 1997, 75th Leg., ch. (Added to NRS by 1995, 1247) (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. 374, Sec. Art. 4, eff. The bond must be written on a form approved by the Attorney General's Office. (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. September 1, 2017. 2767), Sec. Found insidejudicial officer inform the person of the conditions of his release and applicable penalties for violation was " designed not as a ... Whether to set aside a forfeiture of bail rests within the discretion of the district court . Surety Bond -- A bond posted by a surety insurer ensuring that the penalty sum will be paid if the conditions of the bond are not satisfied. Sec. 45, eff. The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). Federal prosecutors naturally charged Bond with two counts of mail theft, in violation of 18 U. S. C. §1708. September 1, 2011. Art. Art. "Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. Added by Acts 1995, 74th Leg., ch. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. Added by Acts 2011, 82nd Leg., R.S., Ch. Found inside – Page 181A material breach is considered to have occurred if : ( 1 ) Such breach ( or such breaches in the aggregate ) causes an increase in the Contract amount or in the bond amount of at least 25 % or $ 50,000 ; or ( 2 ) One of the conditions ... (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. 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. Text of article effective on December 2, 2021, Text of section effective on December 02, 2021. Sept. 1, 1999. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest.
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