17.16. 1298 (H.B. Acts 2017, 85th Leg., R.S., Ch. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. 17.33. (b) amended by Acts 1995, 74th Leg., ch. And if it is committed against a peace officer, it can be enhanced to a state jail felony, with a bail bond of up to $10K. (2) current on all filings required by the Internal Revenue Code. 3, eff. (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. Subsec. September 1, 2011. Art. 1, eff. 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. (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. 17.027. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. Acts 2007, 80th Leg., R.S., Ch. Possession of Marijuana (POM) The bail bond amount can range from $100-$500. 736 (H.B. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. Added by Acts 2011, 82nd Leg., R.S., Ch. At a bail hearing or arraignment, a judge sets bail based on factors such as: Yes, sometimes, after considering factors such as the seriousness of the crime, the lack of a criminal record, and the defendant's family relationship and community standing, a judge will permit the defendant to be released without bail (referred to as a "release O.R." This is a morally bad offense that includes a victim. (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. Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. CHARITABLE BAIL ORGANIZATIONS. (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. (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. 17.32. The bail bond amount can range from $1,000-$5,000. 4, eff. (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. (B) involves violence directed against a peace officer. Sept. 1, 1999. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). Sept. 1, 1989. 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. 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. 17.465. the defendant is a risk to someone elses safety. For first-degree felony drug offenses, bail may be around $100,000, and for lower-level felonies, bail may be $50,000 or less. 2, eff. 1, eff. In the Independent Monitor's second six month report (published March 3, 2021), Dr. Carmichael and researchers at Texas A&M University found significant decreases in the cost of bail incurred by Harris County communities. 3692), Sec. 1. (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. (f) The Department of Public Safety shall: (1) modify the database to enable the database to accept and maintain detailed information on active conditions of bond regarding the requirements and status of a condition of bond imposed by a magistrate for a violent offense, including information described by Subsections (b) and (c); and. (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. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. The defendant is responsible for paying the company back. (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. 977 (H.B. Acts 2021, 87th Leg., 2nd C.S., Ch. Art. (b) In addition to imprisonment, an individual convicted of a felony of the second degree may be punished by a fine not to exceed $10,000. Bail bond amounts for a 2nd-degree felony can range from $15K-$50K. (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: (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) the presiding judge or magistrate who authorized the personal bond. (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. When this offense is a 3rd-degree felony charge, the bail bond amount will be closer to $20K. 3.09, eff. 1st-degree felonies have bail bond amounts that range from $30K$500K. 4, eff. (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. On top of that, if you violated a restraining order, bail could go $10,000 or $20,000 higher. 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. (d) A judge may not adopt a bail schedule or enter a standing order related to bail that: (1) is inconsistent with this article; or. 17.39. Bail can also be reduced if the defendant has already spent enough time in jail awaiting trial.2. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Defendants who post bail and then miss a court date forfeit their bail money. 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, if applicable, 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. 610, Sec. This bail bond will be on the higher side, closer to $3,000. If the case is resolved and the defendant has not missed an appearance, the bail money will be returned. This charge can also be enhanced depending on the amount of marijuana being delivered. Acts 2015, 84th Leg., R.S., Ch. This is a morally wrong offense with an alleged victim. It will automatically become enhanced to a Class B misdemeanor when that happens. 936 (S.B. 1823), Sec. If the defendant is not offered a chance to pay a scheduled bail payment (or chooses not to pay), the defendant . (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. 769 (H.B. This charge is enhanced to a state jail felony when someone is convicted two or more times. 982 (H.B. Jan. 28, 1997. (d) The time limits imposed by Subsections (a) 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. 2017-2023 The Law Office of Tony Sun, Class C Misdemeanors, Enhancements, and Bail Bond Amounts, Possession of Alcoholic Beverage in a Motor Vehicle, Class B Misdemeanors, Enhancements, and Bail Bond Amounts, False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or jailer, Class A Misdemeanors, Enhancements, and Bail Bond Amounts, Interference With Emergency Request For Assistance, Cruelty To Livestock Animals/Non-Livestock Animals, Resisting Arrest, Search, Or Transportation, State Jail Felonies, Enhancements, and Bail Bond Amounts, Unauthorized Use Of A Motor Vehicle (UUMV), Injury To A Child, Elderly Individual, Or Disabled Individual, Manufacture Or Delivery Of Controlled Substance, 3rd Degree Felonies, Enhancements, and Bail Bond Amounts, Driving While Intoxicated With Child Passenger, Tampering With Or Fabricating Physical Evidence, 2nd Degree Felonies, Enhancements, and Bail Bond Amounts, 1st Degree Felonies, Enhancements, and Bail Bond Amounts, False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services, Unlawful Electronic Transmission Of Sexually Explicit Visual Material, Deceptive Preparation And Marketing Of Academic Product, False Identification As Peace Officer; Misrepresentation Of Property, Unauthorized Acquisition Or Transfer Of Certain Financial Information, Fraudulent, Substandard, Or Fictitious Degree, Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case, Discharge Of Firearm In Certain Municipalities, Burglary Of Coin-operated Or Coin Collection Machines, Hindering Proceedings By Disorderly Conduct, Possession, Manufacture, Or Distribution Of Certain Instruments Used To Commit Retail Theft, Gambling Promotion/ Keeping A Gambling Place, Fraudulent Use Or Possession Of Credit Card Or Debit Card Information, Fraudulent Use Or Possession Of Identifying Information, Delivery Or Offer Of Delivery Of Dangerous Drug, Unlawful Disclosure Or Promotion Of Intimate Visual Material, Indecency With A Child either defendant or child is exposed, Prohibited Substances And Items In Correctional Or Civil Commitment Facility, Exploitation Of Child, Elderly Individual, Or Disabled Individual, Improper Relationship Between Educator And Student, Continuous Sexual Abuse Of Young Child Or Children, Aggravated Promotion Of Prostitution / Compelling Prostitution, Tampering With Direct Recording Electronic Voting Machine. Added by Acts 2005, 79th Leg., Ch. Depending on the value of the property or the amount of credit, this offense can be enhanced all the way up to a 1st-degree felony (with every other charge in between). Acts 2009, 81st Leg., R.S., Ch. 2, eff. (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. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. For a person described by this subsection, the time limits imposed by Subsections (a) 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. 7, eff. Added by Acts 1977, 65th Leg., p. 1525, ch. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. The bail for felony charges of this level ranges between $2,500 and $50,000. 1, eff. 1801), Sec. The bail bond amount can range from $3,000-$7,000. The downside is sitting in jail. 87 (S.B. 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. 942, Sec. June 17, 2011. (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. 232 (H.B. May 23, 2015. A bail bond amount for this charge can go up to $10K because a victim is involved, and it is morally wrong. 2, eff. It wont be an additional charge that you need to pay an additional bail bond amount, but it will make your bail bond amount for the drug charge higher than a non-drug-free zone. If the defendant makes all of their court dates, the company gets their money back. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. (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 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. (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. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. (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). 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. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; 6. Sept. 1, 1994. 112), Sec. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. Acts 2013, 83rd Leg., R.S., Ch. The bail bond amount can range from $1,000-$3,000. This is true even if the defendant is convicted. 2. September 1, 2007. 17.42 by Acts 1991, 72nd Leg., ch. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 1. 737), Sec. 2.08, eff. 1, eff. DISQUALIFIED SURETIES. Because this offense is morally wrong and involves a victim, the bail bond amount could be closer to $10K. Art. 1849), Sec. (3) prohibiting the release of the information to the defendant. (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. The bail bond amount can range from $1,000-$3,000. (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. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. (a) To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community. Art. The . (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. 1174 (S.B. The bail bond amount for this 3rd-degree felony can range from $15K-$50K. (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. REQUISITES OF A BAIL BOND. 396, Sec. Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. Added by Acts 2001, 77th Leg., ch. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 2, eff. (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. 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. 2, p. 317, ch. 593 (H.B. RECORDS OF BAIL. 6, eff. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Art. 1173), Sec. 1352 (S.B. Acts 2019, 86th Leg., R.S., Ch. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. 1, eff. When such bond is so given and approved, the defendant shall be released from custody. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. Acts 2021, 87th Leg., R.S., Ch. 736 (H.B. 20, eff. 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. The suspect was out of jail on a $15,500 bond after allegedly assaulting a sheriff's deputy. It is enhanced to a 3rd-degree felony if the charge of the person who is being hidden is a felon or they have been previously convicted of a felony. 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