He isn't addressing people stuck behind bars because they can't afford to pay. (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. 1080, Sec. 17.18. What information do you need? The lowest level of an offense that someone can be charged with is a Class C misdemeanor. (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. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. 284(45), eff. Added by Acts 2015, 84th Leg., R.S., Ch. Web On The Lower End, You Have A Simple Assault. Texas Legislature 2021. Art. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. The defendant is responsible for paying the company back. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Acts 2017, 85th Leg., R.S., Ch. June 17, 2011. It doesn't matter if the charges against the defendant are dismissed the next day or the defendant shows up to every appearance as requiredthe premium is nonrefundable. Since stalking will always have a victim, a 3rd-degree felony stalking charge will come with it a bail bond closer to $20K. Texas law dictates three different types of assault charges intentional, deliberately threatening, and using physical contact in an offensive way. Cole served nearly 23 years in prison and was released in 2017 on a charge of aggravated assault with a deadly weapon, officials in Texas . (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. (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. (b), (c) amended by Acts 1997, 75th Leg., ch. (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. Court orders are issued to protect victims of a crime, so when these orders are violated against someone, it is considered to be morally wrong. 17.47 by Acts 2003, 78th Leg., ch. 1276, Sec. 2, eff. 17.52. Bail amounts range from $5,000 to over $100,000 and even "no-bail" circumstances. Sept. 1, 2001. This offense can be enhanced depending on the drug and the number of drugs. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 34 (S.B. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. (f) amended by Acts 1991, 72nd Leg., ch. September 1, 2021. Art. (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: (2) an act in furtherance of an offense under Section 42.072, Penal Code. CONDITION WHERE CHILD ALLEGED VICTIM. The bail bond amount in this case will range from $10K-$20K. (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. (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. GENERAL RULES APPLICABLE. 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 that's completed, the defendant, or someone on the defendant's behalf, can post bail according to a bail schedule (assuming it's an option) without seeing a judge. (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. (d) amended by Acts 2003, 78th Leg., ch. 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. 1146 (H.B. January 1, 2020. September 1, 2011. 14, Sec. (e) In determining whether to deny release on bail under this article, the judge or magistrate may consider: (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. Acts 2015, 84th Leg., R.S., Ch. (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. 1127 (S.B. (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. September 1, 2021. (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. 12.32 of the Texas Criminal Penal Code, the punishment range for a 1st-degree felony is as follows: (a) An individual convicted of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. It is enhanced to a 2nd degree if someone has been previously convicted, with a bail bond amount closer to $50K. 1, eff. 17.50. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Allen was killed during a traffic stop in 2017. Art. A bail bond amount could range from $3,000-$10K. This offense can be enhanced to a 3rd, 2nd, or 1st-degree felony depending on what the drug is and the amount. When this offense is a Class A, the bail bond amount will probably be on the higher side of around $5,000-$7,000 because a victim is involved, and this is a morally wrong offense. (5) the presiding judge or magistrate who authorized the personal bond. Possession of a Concealed Weapon Bail Amount (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. 284(57), eff. Art. (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. This process could take several hours or longer. A DWI is enhanced to a Class A misdemeanor when someones alcohol concentration level is 0.15 or higher. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. 950 (S.B. An attorney may be able to argue for reduced or no bail or get charges reduced (resulting in lower bail). The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. 1, eff. 3000), Sec. The fine for this felony can be a maximum of $1,500. 12, eff. Sept. 1, 1989; Sec. January 1, 2016. (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. Sec. 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. January 1, 2020. 17.13. Choi's ex-husband, his father and his brother have been arrested and charged with . Bail bond amounts for those charges range from $10K-$20K. (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. TIME GIVEN TO PROCURE BAIL. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. The bail bond amount could range from $30K-$100K for a 1st-degree felony. September 1, 2011. June 20, 1987. (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. (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. Courts can also choose to release a defendant on personal recognizance. POSTTRIAL ACTIONS. 936 (S.B. 736 (H.B. 221 (H.B. Before you run to the jail or courthouse to bail out your family member or friend, find out how much the bail is set at and the options for paying it. Depending on the intent to which someone tampers with a consumer product, it could be considered a morally bad offense. Depending on the number of claims and the value of the benefit, this charge can go all the way up to a 1st-degree felony (with every other charge in between). June 17, 2011. September 1, 2009. (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. With felony charges, bail will be substantially higher (of course). (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. 722. 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. This depends on whether it was committed negligently, recklessly, intentionally, or knowingly. (a) 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. Acts 2011, 82nd Leg., R.S., Ch. 2, Sec. 4, eff. The citizenship status of the defendant shall be considered. Bail bonds are the most common way to post bail, especially for severe charges. (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: (B) Section 71.02 (Engaging in Organized Criminal Activity); (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. (d) amended by Acts 2003, 78th Leg., ch. He truly believes in second chances. September 1, 2009. 2, eff. 1005), Sec. June 17, 2011. The bail bond amount could be upwards of $5,000. (e) amended by Acts 2003, 78th Leg., ch. 942, Sec. Acts 2011, 82nd Leg., R.S., Ch. The affidavit must state: (1) the court and cause number of the case; (3) the offense with which the defendant is charged; (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. REQUISITES OF A BAIL BOND. September 1, 2011. Sept. 1, 2003. 6), 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. (3) the modification will not in any way endanger a person protected under the order. If you are charged with a Class B or Class A misdemeanor, and you do not show up for one of those court dates, the Bail Jumping and Failure to Appear Charge will be enhanced to Class A misdemeanor charge. September 1, 2011. Acts 2005, 79th Leg., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. Aggravated sexual assault of an adult. June 20, 2003; Subsec. the defendant's financial ability to pay bail. 56), Sec. This offense can be enhanced depending on the value of the property stolen, going all the way up to a 1st-degree felony (with every charge in between). In exchange for posting bail, the defendant pays the company a bail premium. September 1, 2017. (i) amended by Acts 1999, 76th Leg., ch. Art. Art. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal. 17.46. 1st-degree felonies have bail bond amounts that range from $30K$500K. (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. A personal bond may be taken of a witness by the court before whom the case is pending. 1658), Sec. Acts 2007, 80th Leg., R.S., Ch. Art. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 6, eff. 7, eff. 8), Sec. Art. 17.021. PROCEDURES AND FORMS RELATED TO MONETARY BOND. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. September 1, 2011. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1047, Sec. 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. TRAINING ON DUTIES REGARDING BAIL. The bail bond amount for a State Jail Felony can range from $3000-$8000. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. September 1, 2009. 1, eff. With a victim involved in this morally bad offense, a bail bond amount for this charge is going to be closer to $10K. 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. Art. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. It can be enhanced to a state jail felony if there was an intention to harm someone else. 17.09. 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. Acts 2019, 86th Leg., R.S., Ch. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. $ 5,000 to over $ 100,000 and even & quot ; no-bail & quot ; no-bail & ;! 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