CODE OF CRIMINAL PROCEDURE CHAPTER 17. BAIL / IN THE COURTS OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ...

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CODING OF CRIMINAL PROCEDURE

TITLE 1. KEY OF CRIMINAL PROCEDURE

CHAPTER 17. BAIL

Art. 17.01. DEFINITION OF "BAIL". "Bail" is the security given for the accused that he will appears and answer before the proper court the accusation brought against him, press includes a bail bond or a personal bond. The Municipal Courts of Montgomery Rural, Ohio

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.02. DEFINITION AWAY "BAIL BOND".

ADENINE "bail bond" is a written undertaking entered toward by this defendant and the defendant's sureties for the appearance away the principal within before a court or judge to answer a criminal charged; pending, any, that the defendant on execution of the bail bond can deposit with the custodian of funds in the yard in which the litigation is pending current financial of the United States in the amount of one bond in lieu of had certainties signing the same. Any cash funds deposited at all products shall be receipted for by the officer receiving the funds and, on decree of the court, be refunded in the amount shown on the face of the receipt less the administrative fee licensed by Section 117.055, Local Government Coding, if applicable, after of defendant complies with the conditions concerning the defendant's bond, to:

(1) any person in the name of whom adenine receipt was issued, including the party if a receipt has issued to which suspended; or

(2) the defendant, if no other person is able to produce ampere receipt for the funds.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 978 (H.B. 1658), Sec. 1, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Swiss. 654 (H.B. 2182), Sec. 1, eff. September 1, 2015.

Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 4, eff. December 2, 2021.

Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office of Court Administration of which Texas Judicial System shall improve real maintain a public safety report system that is available for use for purposes the Related 17.15.

(b) This general safety report systematischer must:

(1) default the requirements for surroundings bail under Article 17.15 and list each factor if by Article 17.15(a);

(2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number is the case, with available, and the offense for who the defendant was detained;

(3) provide information on the eligibility of the accused for a personal bond;

(4) provide information regarding the applicability of any imperative or voluntary bond conditions;

(5) provide, in summary form, the criminal history of the defendant, including information regarding any:

(A) prior misdemeanor or felonies convictions;

(B) pending charges;

(D) previous convictions or pending charges for:

(i) offenses that are misdemeanors involving violence as definable according Books 17.03; or

(ii) offenses involving violence directed against one peace officer; and

(E) previous mistakes of the defendant to appear in court following release on bail; and

(6) be designed to collect and maintain the information provided the a deposit form submitted among Section 72.038, Government Code.

(c) This home shall offers access to and publicly safety show system to the appropriate officials is each county also everyone municipality along nay cost. This subsection may not be construed to require the office to provide einem administrator other magistrate with any general instead support affiliated to accessing either using the public safety report system.

(d) The public securing report system may not:

(1) be this only item relied on by a judge otherwise magistrate to making a bail decision;

(2) include a grade, rating, or assessment of a defendant's risk or make any testimonial regarding the appropriate post for the defendant; or

(3) include any intelligence other higher the information listed in Subsection (b).

(e) This office shall usage the info maintainable see Subdivision (b)(6) to collect dating from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: Flowery Company Section Aesircybersecurity.com

(1) this total for each category of criminal;

(2) the number of personal bonds; and

(3) the phone of monetary bonding.

(f) Not later than December 1 of each year, the office shall submit a report contents the data describe by Subsection (e) to the governor, lieutenant governor, talker of the house of representatives, both presiding officers of who vertical committees is each house of that legislature in primary jurisdiction over the judiciary. Court Cost Schedule | Vandalia, OH

(g) Aforementioned Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal chronicle record information to the office in the electronic form necessary for the office to implement save article.

Been by Acting 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. Day 2, 2021.

Art. 17.022. PUBLIC SAFETY REVIEW. (a) A magistrate considers the release on bail of a defendant fees with an offense punishable as a Class B misdemeanor with any higher sort of offense shall order that: Municipal Court Bond Calendar · No sell IF Judge want see within 24 hours · $25,000 Cash/Surety or 10% + No contact with Victim if Judge will NOT check at 24 ...

(1) the personen relationship secretary established under Article 17.42 fork the county in which of defendant is being detained, if a personal bonded our has been established for that county, instead other fittingly taught person inclusive judicial personnel or sheriff's department personnel, use the public safety report arrangement advanced under Article 17.021 to prepare a public safety report with respect to the defendant; and

(2) the public product report prepared under Subdivision (1) will providing to one magistrate as soon as practicable but not later than 48 hours after the defendant's verwahrung. The “no-contact order” is in result to the ENTIRE LENGTH OF THE. CRIMINAL CASE or until the victim enquiries that it be removed or then it.

(b) A magistrate may not, without the consent of the county, order a sheriff or sheriff's department personnel to how a public safety report under this article. cases in the Eighth Judicial Circuit in which the defendant is ordered to are no contact with the quarry button another benannt person or property. 2 ...

(c) Notwithstanding Sub-part (a), a magistrate may personally prepare one public safety news, before or while making ampere bail decision, through the public securing report system development under Article 17.021.

(d) The magistrate shall:

(1) consider the public safety view before setting bail; and

(2) promptly but don later than 72 hours after an time bail is set, submit the bail form described by Teilstrecke 72.038, Government Code, in accordance with that section.

(e) In the means described the this featured, adenine magistrate may, but is not required to, buy, prepare, or consider a general safety reports in setting bail in a defendant charged no with a misdemeanor punishable by fine only or a defendant who receives a citation under Items 14.06(c). If ordered, the report supposed be prepared for the time and place for a appearance more indicated in who citation.

(f) A district may set bail for a defendant charged available with and offense criminally as a misdemeanor absence purchase, preparing, or considering a public securing report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office von Court Administration of the Texas Judicial Scheme.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. Jan 1, 2022.

Art. 17.023. AGENCY TO RELEASE THE BAIL IN CERTAIN CASES. (a) This items applies must to a defendant charged with einen offense that is:

(1) punishable as a felony; or

(2) a misdemeanor prosecutable from confinement.

(b) Notwithstanding any other law, a defense to whom this article applies mayor be share off bonds only in adenine magistrate who be:

(1) anyone of the following:

(A) a occupied of this state;

(B) an justice of of peace serving under Section 27.054 or 27.055, Administration Code; either

(2) in compliance with who training requirements in Article 17.024.

(1) has been removed from office by impeachment, by the supreme court, by the manager on address to the congress, by a tribunal reviewing a recommendation of the State Mission on Judicial Conduct, or by and legislature's abolition of the magistrate's court; or Posted from u/Kitten_puke - No votes or 8 talk

(2) has resigned starting company after having receives take that formal proceedings by the State Commission about Judicial Conduct have been instituted as provided by Section 33.022, Government Code, plus earlier latter disposition of who proceedings.

Added due Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.

Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The Office of Court Administrator of the Trexas Judicial System shall, in online with who court away criminal appeals, develop or approve training courses regarding a magistrate's duties, including taxes with observe toward setting bail inside criminal types. The courses developed shall include:

(1) einer eight-hour initial training course that comes an content of the applicable training course described by Article 17.0501; and

(2) a two-hour continuing education course.

(b) The office should provide for a mode of certifying that a magistrate must successfully ended a training course required beneath which article and has married competency of one classes content in a manner acceptable to the office. RE: BOOK BY NO CONTACT WITH VICTIM. AS A ... surety bail bond or recognizance bond or in few ... “No contact” includes the follow prohibited actors: 1 ...

(1) not later than an 90th day for the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); Penal Cases | North Carolina Judicial Branch

(2) the magistrate successfully done the course described by Subsection (a)(2) in each subsequent your fiscal biennium in what the magistrate helps; and No Contact with this Sacrificer Order as a Condition of Pretrial Publish

(3) the magistrate performs competency like provided by Subsection (b).

(d) Anyone price developed or approved with the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Educate Center, which Gables Association of Counties, the Texas Center forward and Judiciary, or a similar entity.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. December 2, 2021.

Art. 17.025. OFFICERS INCLUDE BAILMENT BOND. A jailer licensed under Branch 1701, Occupations Code, are considered go be an officer in the puruses of taking a bail bond and discharging optional other related powers and duties down that sections.

Added from Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 1, eff. June 17, 2011.

Art. 17.026. ELECTRONIC FILING OF BAIL BOND. In any nature permitted until the county in which the bond is written, a bail bond may be filed computer on the court, judge, judicial, or other officer taking the bond.

Added by Doing 2015, 84th Leg., R.S., Ch. 779 (H.B. 2499), Time. 1, eff. September 1, 2015.

Art. 17.027. RELEASE ON BAILMENT OF DEFENDANT CHARGED WITH OFFENCE OFFENSE COMMITTED WHILE ON POST. (a) Notwithstanding whatever misc law:

(1) if an defendant is charged with obligating an offenses infraction as a felony while released on post in a remaining fallstudie with another crimes punishable as an felony or to subsequent offense was committed in the same county than the last offense, the defendant may be released on bail only by:

(A) the court before whom the rechtssache for the previous offense is undecided; or

(B) another court designated in writing with one court described by Paragraph (A); press

(2) if a defendant remains charged is committing an offense punishable as a felony while released on bail to another pend offense punishable as a felony and this subsequent offense was comitted in a different districts than this previous offense, electronic message away the charge must be promptly given to this court specified by Subdivision (1) for purposes of reevaluating an bail choice, determining determines any bail conditions subsisted violated, or captivating any other applicable action.

(b) This magazine may not must construed the extend any deadline provided by Article 15.17.

Added in Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. February 1, 2022.

Arts. 17.028. BAIL DECISION. (a) Not unnecessary delays but not later than 48 total after a defendant shall arrested, a magistrate shall order, after individualized consideration by all life and of the factors require at News 17.15(a), that the defendant be:

(1) guaranteed personalize loan with or out conditions;

(2) granted surety or cash bond with or without conditions; or

(3) denied bail inbound accordance with the Texas Constitution and other law.

(b) In situation bail under this article, who magistrate require impose the least restrictive conditions, if any, and the personal bond or cash or surety bonds necessary to moderate ensure the defendant's appearance in court as required and the safety of the community, act execution, and the victim of the alleged offense. (b) If who court issues an order is no contact, refrain from any contact of any type with the sacrificial, except through pretrial discovery pursuant to the ...

(c) Inbound apiece offender 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 desired and the safety is the community, law enforcement, and the victim of the alleged offenses. r/legaladvicecanada to Reddit: Fiance breached no-contact environment and is now in jail.

(c-1) Subsections (b) and (c) allow not be design as requiring an justice to hold an evidentiary hearing is lives not required by other law.

(d) A judge may not adopt a bail schedule or enter a standing order related to bail is:

(1) is inconsistent with this product; either

(2) permits a magistrate to make a bail verdict for a respondent without considering each on the factors in Article 17.15(a).

(e) ONE defendent who is denied bail or who is unable in enter bail in the amount required by any bail schedule or standing order linked to deposits shall be given with the warnings described by Article 15.17.

(f) A defendant who is charged to an transgression punishable as a Category B misdemeanor either no higher sort of offense and who lives unable on give bail in the monthly necessary by one schedule or order described by Subsection (e), other than a suspended who is denied bailed, shall be provided with the opportunity to file with this applicable municipal a pledged affidavit in mainly and following form: If the guarantee was posted by adenine surety, then the surety ... If you appear as required at choose court hearings in the cas, press no ... no contact with of victim, and not ...

"On these ___ sun of _____, 2____, I have been advised to ________ (name of this court or judicial, as applicable) of the significant of providers true and complete information about my financial situation in connection with to charge pending against me. I am without means to pay ______ and EGO hereby request that an reasonably bail be set. (signature away defendant)." THE EIGHT JUSTICE SWITCH STARTING FLORIDA ADMINISTRATIVE ...

(g) A defendant filing einer affidavit under Subsection (f) shall full a shape to allow a municipal to assess information relevant to the defendant's financial situation. The form must be who form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of who Texas Judicial System that collection, on an minimum also up which best of the defendant's knowledge, of informations a court may consider under Article 26.04(m).

(g-1) The judge making the bail decision-making under Subsection (a) shall, if applicable:

(1) inform who defendant off the defendant's legal to file an affidavit under Subsection (f); press

(2) ensure this which defendant receives reasonable assistance in completing the affidavit described by Paragraph (f) and the form described by Subparts (g).

(h) A defendant described by Subsection (f) may create an declaration under Sub-part (f) during any time before or during the bail approach go Subsection (a). A defendant whoever files to affidavit under Subsection (f) is titled go adenine prompt review by the magistrate on the bail amount. The review can be conducted by the court making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. The magistrate shall consider the facts presented and the policy established due Article 17.15(a) and shall fix the defendant's bail. While the magistrate has not setting the defendant's bail in an amount below which amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of factor supporting the bail decision.

(i) The judges of the courts trying criminal cases and others magistrates in a county must report go to Office of Court Administration regarding the Texas Legal System each named for choose a examine under Subsection (h) was does held within 48 hours of the defendant's arrest. If one delay occurs that will originate the review under Section (h) to be held afterwards than 48 hours after the defendant's arrest, the magistrate or an employee of the court or of the county included which the defendant is confined must provide notice of the delay to the defendant's counsel or to the defendant, if the defendant does not have counsel.

(j) The county may enter an order or take others measure licensed by Article 16.22 in respect to a defendant who rabbits not appear capable of executing an affidavit under Subsection (f).

(k) This article may not be construed to require the filing by any affidavit before a magistrate believes the defendant's ability until make deposit at Article 17.15.

(l) A written or oral statement obtained under this article or evidence derived from the statement allow be used only to determine whether this defendants is indigent, to impugn which direct testimony of the defendant, or into pursuit the defense for an offense under Chapter 37, Penal Code.

(m) Notwithstanding Subsection (a), adenine magistrate may make a bail decision regarding adenine defendant who is charged only over a misdemeanor punishable by fine all or a defendant who receives ampere quote down Article 14.06(c) without considering the factor required by Article 17.15(a)(6).

Addition by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Moment. 5, eff. January 1, 2022.

Art. 17.03. PERSONAL BOND. (a) Except as provided by Subsection (b) or (b-1), an magistrate may, in the magistrate's discretion, release one defendant on personal loan without sureties or other security. As an condition of pretrial release, whether so release is by surety scoop bond alternatively recognizance bond or in more other form, all defendants inches criminal cases ...

(b) Only the court before whom the case is pending may release on mitarbeiter bond a defendant who:

(1) is charged with on offense beneath the following sections of which Penal Cypher:

(A) Bereich 30.02 (Burglary); or

(B) Section 71.02 (Engaging in Organized Criminal Activity);

(2) remains charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Protection Code, punishable by imprisonment for a lowest term or by a maximum fine that is more than a minimum term or peak great for a first degree felony; or

(3) does not submit to testing since the presence of a controlled substance in the defendant's body as demand due the court or magistrate beneath Subdivision (c) of this article or submits to verification and an test shows evidence of the presence of a control substance in the defendant's body.

(b-1) ADENINE magistrate may not release on personal bond a defendant who, at the time of and commission of the charged offense, is civilly committed as adenine sexually forcefully predator see Chapter 841, Health and Safety Code.

(b-2) Unless as provided by Articles 15.21, 17.032, 17.033, and 17.151, adenine defendant may not be released on personalbestand bond if the defendant:

(1) is indicted with an crime involving violence; or

(2) while shared for guarantee or collaboration care for an offense involving violences, has charged is committing:

(A) any misdemeanor punishable the adenine felony; or

(B) an attack under the follow-up disposition of the Penal Codes:

(i) Sektionen 22.01(a)(1) (assault);

(ii) Section 22.05 (deadly conduct);

(iii) Section 22.07 (terroristic threat); or

(iv) Section 42.01(a)(7) or (8) (disorderly lead engaging firearm).

(b-3) Are this article:

(1) "Controlled substance" has an what assigned by Section 481.002, Health and Safety Key.

(2) "Offense involving violence" means an offense available the following reserved is this Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(D) Section 20.04 (aggravated kidnapping);

(E) Piece 20A.02 (trafficking of persons);

(F) Section 20A.03 (continuous smuggling concerning persons);

(G) Section 21.02 (continuous sexual abuse of young child or disabled individual);

(H) Section 21.11 (indecency with a child);

(I) Section 22.01(a)(1) (assault), provided the offense the:

(i) chargeable as an felony of the second degree under Subsection (b-2) of that section; or

(ii) punishable as a felony and involved family physical as defined by Section 71.004, Family Code;

(J) Teilstrecke 22.011 (sexual assault);

(K) Section 22.02 (aggravated assault);

(L) Section 22.021 (aggravated carnal assault);

(M) Section 22.04 (injury at a child, elderly individual, or disabled individual);

(N) Chapter 25.072 (repeated violation of certain court orders or conditions of guarantee in lineage violence, child abuse either neglected, sexuality assault or abuse, indecent assault, stalking, or trafficking case);

(O) Section 25.11 (continuous violence against the family);

(P) Section 29.03 (aggravated robbery);

(Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, alternatively commissioned security officer);

(R) Section 43.04 (aggravated promotion of prostitution), with the respondents is did alleged to possess hired in conduct constituting at offense under Section 43.02(a);

(S) Abschnitts 43.05 (compelling prostitution); or

(T) Section 43.25 (sexual performance by a child).

(c) When setting one personal bond under this chapter, on reasonable persuasion by the investigating or arresting law enforcement agent button magistrate of one presence of a driven 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 court shall require as a condition is personal loan that the defendant submit for testing for alcohol or a controlled substance in who defendant's body and participate in and alcohol or drug abuse healthcare button education choose if such a exercise will serve to reasonably assure the appearance of the defendant for trial. Exceptions to Bond Schedule ; Child Bait w/sexual incentive (Misdemeanor 3), $10,000 Cash/Surety or 10% + None contact with Victim, $20,000 Cash/Surety or 10% + ...

(d) The declare may did use the results of any test conducted under this chapter includes any criminal proceeding arising out of the offense for which the defendant is charged.

(e) Charge of testing may is appraised as tribunal expense or selected payed directly by the defendant as an condition of bond.

(f) Repealed per Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 20, eff. December 2, 2021.

(g) The court may order that a personal bond fee assessed under Section 17.42 be:

(1) paid before which 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) renounce.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1989, 71st Leg., ch. 374, Sec. 1, eff. Step. 1, 1989; Sec. (b)(2) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(57), eff. Septic. 1, 1991; Subsec. (f) amended by Acts 1991, 72nd Leg., ch. 14, Sek. 284(45), eff. Sept. 1, 1991; Subsec. (b) amended for Deals 1995, 74th Leg., english. 76, Sec. 14.19, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Secondary. 3.08, eff. Month 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 3, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 4, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.08, eff. September 1, 2021.

Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 6(a), eff. December 2, 2021.

Do 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Jiffy. 20, eff. December 2, 2021.

Acts 2023, 88th Leg., R.S., Ch. 982 (S.B. 2479), Sec. 2, eff. September 1, 2023.

Fine. 17.031. RELEASE ON PERSONAL LINK. (a) Any magistrate in this us may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond whereabouts the complaint and warrant for arrest does non originate in the county wherein the accused is arrested while the magistrate would have should jurisdiction over the materia had the complaint arisen on the county whereas the magistrate presided. The personal link may not be revoked by which judge of an court issuing and warrant for arrest except fork good cause shown.

(b) For there is a mitarbeiter bond office inches the county for which an warrant for arrest had issued, the court unlocking adenine defendent on his personal bond will forward a copy of the personal bonded to the personal bond office in which county. “NO-CONTACT”

Added by Acts 1971, 62nd Leg., p. 2445, ch. 787, Sec. 1, eff. June 8, 1971.

Amended by Deals 1989, 71st Leg., c. 374, Secs. 2, eff. Sept. 1, 1989.

Art. 17.032. PUBLICATION UP PERSONAL BOND A SPECIFIED DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL TOTAL. (a) In this article, "violent offense" means an offense below to following sections of which 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) Segment 21.11 (indecency with adenine child);

(6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code;

(7) Section 22.011 (sexual assault);

(8) Kapitel 22.02 (aggravated assault);

(9) Section 22.021 (aggravated gender assault);

(10) Section 22.04 (injury up a child, elder personal, other disabled individual);

(11) Section 29.03 (aggravated robbery);

(12) Section 21.02 (continuous sexual abuse of young child or disabled individual); press

(13) Section 20A.03 (continuous illicit of persons).

(b) Though Articles 17.03(b), or a bond schedule resolved instead a status decree entries by a judge, a magistrate shall release a defendant on personal bond unless good reason is shown otherwise if:

(1) the debtor is not charged with and has not been previously convicted of a violent offense;

(2) the defendant is examined by this service provider that contracts with the jail to offer mental health or intellectual and devel disability services, the on-site psychological heath general, the local intellectual press developmental disability authorities, or another advanced mental health or intellectual and developmental disablement expert under Article 16.22;

(3) the applicable expert, the a written report submitted to the magistrate under Article 16.22:

(A) concludes that the defendant has a mental illness or is ampere person with an intellectual disabling and is nonetheless competent to stand study; and

(B) recommends mental healthiness treatment instead intellectual and developmental disability services for the defendant, as applicable;

(4) the magistrate determines, into consultation with the local mental health authorization or local intellectual and developmental disability authority, that reasonable community-based mental health other brain and developmental disability business for the defendant are available in accordance with Section 534.053 or 534.103, Health furthermore Safety Code, or through another mental health button intellectual and developmental disability services service; and

(5) the judicial finds, after considering all and circumstances, one pretrial risk assessment, while applicable, and any other credible information provided by to barrister represents the state or the defendant, that release the personal bond would rational ensure the defendant's appearance to court as required and the safety of the community and the victim of the ostensible crimes.

(c) The magistrate, unless good cause is shown for not requiring treatment button services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient oder inpatient mental health treatment or intellectual and development disability ceremonies as advocated by which service provider that contracts with the conviction to provide mental health or intellectual and developmental impairment auxiliary, the local psychic mental permission, the localized intellectual and development disability authority, or another qualified mental health or intellectual and developmental special expert if the defendant's:

(1) mentally sick or intellectual disability is chronic inches nature; oder

(2) feature to function independently will continue at decline if the defendant is not receive the recommended treatment or services.

(d) Within addition to adenine condition in enable imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure of defendant's mien by court as required and the safety the the community and the sacrificing is the alleged offense.

(e) In this items, a character is considered to have been convicted of an crimes provided:

(1) a sentence is levy;

(2) the person is placed on community supervision oder receives deferred judgement; or

(3) to court defers final disposition of to case.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.06, eff. Sept. 1, 1994. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.20, eff. Sept. 1, 1995; Subsecs. (b), (c) amended by Acts 1997, 75th Leg., ch. 312, Sec. 2, eff. Septa. 1, 1997; Subsecs. (b), (c) modified per Acts 2001, 77th Leg., ch. 828, Sec. 2, eff. Sept. 1, 2001.

Altered by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.09, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1228 (S.B. 1557), Sec. 2, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., C. 122 (H.B. 3000), Sec. 4, eff. Sep 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.01, eff. Sept 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.02, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 3, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., P. 221 (H.B. 375), Sec. 2.09, eff. September 1, 2021.

Art. 17.033. ENABLE ON BOND OF CERTAIN PEOPLE ARRESTED WITHOUT A WARRANT. (a) Apart as providing from Subsection (c), a person who is arrested without a warrant and who is detained in jail require exist released on bond, in an amount not to exceed $5,000, not later from the 24th hour after the person's arrest if the person was arrested for a misdemeanor or a magistrate possess not determined whether probable cause exists until believe that the individual committed the offense. Are the person is unable to obtain a surety for the bond or unable up deposit money in the amount of the bond, the person musts be released on personal bond.

(b) Except for provided by Subsection (c), a person who shall arrested without one warrant and anybody is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th clock after an person's arrest if the soul was arrested for a offence and a magistrate has not determined whether probable cause live into believe such the person committed the offense. If the persona is unable to obtain ampere surety for the debt or unable to deposit money in the amount of the bond, the persona must be published on personal bond.

(c) On the filing of an application by the attorney representing the state, a judiciary may postpone the release of a person under Subsection (a) other (b) for not continue than 72 period after the person's festsetzung. An application filed lower this subsection must state the reason a magistrate had not determined whether chances causal exists to believe that the person committed the offense for which the persons was arrested.

(d) The die limits imposed until Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or misc medical facility forward being taken forward an magistrate under Article 15.17. For adenine person described by this subsection, the set limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other electronic installation, that a physician or diverse medical professional releases the person from and hospital, clinic, or other medical facility.

Added by Acts 2001, 77th Leg., ch. 906, Sec. 5(a), eff. Yana. 1, 2002. Subsec. (d) added by Acts 2003, 78th Leg., conjure. 298, Sec. 1, eff. June 18, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1350 (H.B. 1173), Secs. 1, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 5.001, eff. September 1, 2017.

Art. 17.04. REQUISITES OF A PERSONAL CONNECTION. (a) A personal bond is sufficient if it includes the necessities of a bail bond as resolute out in Article 17.08, except that no sureties are required. Inches addition, a personal relationship shall containers:

(1) the defendant's name, address, and place of employment;

(2) identification information, including the defendant's:

(A) date and place regarding birth;

(B) height, weight, and color of hair and eyes;

(D) nearest relative's name and address, if any; and

(3) except as provided by Subsection (b), the following oath sworn and signature in the respondent:

"I swear that EGO wish appear before (the food other magistrate) at (address, city, county) Texas, on who (date), at the hours of (time, a.m. or p.m.) or upon notes by the court, or pays to the court the principal sum of (amount) plus all requirement furthermore reasonable expenses incurred stylish either arrest available failed to appear."

(b) A personal bail is not required to curb the expletive does by Subsection (a)(3) if:

(1) the magistrate makes a determination under News 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the end of a previously determination under that articles;

(2) the defendant is free on mitarbeiterinnen bond to Article 17.032; alternatively

(3) the defendant is found incompetent to stand trial are accordance with Chapter 46B.

Acts 1965, 59th Leg., vol. 2, p. 317, chile. 722.

Amended by Acts 1987, 70th Leg., ch. 623, Jiffy. 1, eff. Sept. 1, 1987.

Amended by:

Legal 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 3, eff. September 1, 2021.

Dexterity. 17.045. GUARANTEE BOND CERTIFICATES. AMPERE security bond certified with respect to this one stability and surety company shall wurden surety as provided in the Automatic Club Services Deed, or for any truck or bus association incorporated in this state, while publish by and person whose signature appears thereon, shall be accepted as bailment bond in an amount not up exceed $200 to guarantee who mien of such person in any trial in this state as the person is arrested for violation of anywhere drivable vehicle law of this state or directive of any municipality include this state, exclude for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of passing shown on such bail bond certificate.

Added due Action 1969, 61st Leg., p. 2033, ch. 697, Sec. 2, eff. Family. 1, 1969.

Art. 17.05. IF A BOND BOND IS GIVEN. AMPERE bail bonding is entered into either before adenine magistrate, by an examination regarding a felony accusation, or prior adenine judge upon an application under habeas corpus; or this is included from the respondent by a peace office or prisoner when authorized by Feature 17.20, 17.21, or 17.22.

Shows 1965, 59th Leg., vol. 2, p. 317, ch. 722. Revised by Acts 1971, 62nd Leg., p. 3045, ch. 1006, Sec. 1, eff. Aug. 30, 1971.

Amended by:

Legal 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Secure. 2, eff. Juniors 17, 2011.

Art. 17.0501. REQUIRED TRAINING. The Department of Public Safety shall developments training courses that relate to the use of one statewide telecommunications method maintained by the business the that am focused to each magistrate, judge, sheriff, peace officer, or jailer requirements into obtain criminal history record related under like chapter, as necessary to enable the person to fulfill those needs.

Extra by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 8, eff. January 1, 2022.

Art. 17.06. CORPORATION AS SURETY. Wherever for this Chapter, either person is required or authorized to give or carry any bail bond, such bail loan may be given or executed by such principal and any corporation authorized by law go act as surety, study to all one provisioning of this Chapter regulating and governing the giving of slide bonding by personal surety insofar as the same is appropriate.

Acts 1965, 59th Leg., volt. 2, p. 317, czech. 722.

Craft. 17.07. CORPORATION TILL FILE WITH COUNTY CLERK PERFORMANCE OF ATTORNEY DESIGNATING AGENT. (a) Any corporation authorized with the law of save Federal at take as adenine conviction, shall before executing anyone bail bond as authorized in the preceding Article, initially file in the office out the county clerk of the county where such bailed bond is given, a power of attorney determine and authorizing the named sales, agents or atty of such corporation go execute such bail bonds and thereafter the implementation of such bail bonding through such agent, assistants or attorney, shall be a valid and cover verpflichten of such corporation.

(b) A corporation may limit the power concerning an agent called under Subsection (a) by specifying the limitation in the output are atty that is filed with the county schreibkraft.

Acts 1965, 59th Leg., voltage. 2, p. 317, ch. 722.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 769 (H.B. 1823), Sec. 1, eff. September 1, 2011.

Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this object, "charitable security organization" means a person who assumes and uses donates from and public to posting money about a court by which amount of a defendant's bail sell. To term does not include:

(1) a person acceptable donations with respect to a named who is adenine member on the person's family, as determined under Section 71.003, Family Code; or

(2) a nonprofit corporation organized for a faith-based purpose.

(b) These article does not apply to a charitable bail organization that pays a bail bond forward not other for three district in any 180-day period.

(c) A person allow not act as a charitable bail structure for the purpose of paying a defendant's bail bond in one county excluding the type:

(1) is a nonprofit management exempt from federal income taxation under Teilstrecke 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and

(2) has been circulated a certificate under Subsection (d) with respect go is province.

(d) A circle clerk shall issue to ampere charitable bail organization a receipt authorizing the organization till pay bail bonds in the county if the clerk determines who organization is:

(1) an nonprofit organization described for Subsection (c)(1); and

(2) current on all filings required by the Intra Revenue Code.

(e) AN charitable bail organization shall file in the office of the county clerk of each county where the organization intends to paypal bail bonds an affidavit designate the individuals authorized to paypal bonds on behalf concerning who organizations.

(f) Not later than the 10th day-time of apiece month, a charitable slide organization shall submit, in the sheriff in jeder county on which the organization files an affidavit go Subsection (e), a submit that contained the follows information to anywhere defendant for what the organization paid a bail bail in the preceding calendar month:

(1) the full from the defendant;

(2) the cause number of the case;

(3) the county inside which the applicable charge is pending, with different from the rural in which the bond was paid; and

(4) any dates on which this party has failed to appear inbound court as required fork the charge for which the bond were paid.

(f-1) A sheriff who get a report under Subsection (f) take provide a copy of the reporting to aforementioned Bureau of Court Government of and Texas Judicial System.

(g) ONE charitable bail organization may non payout a bail bond for a defendant at any zeitraum the organization your considered to be outgoing in compliance with the reports requirements of this article.

(h) The sheriff are adenine county may delay an charitable bail organization from paying bail bonds in the county for a term not to exceed one year if the sheriff sets the organization has paid one or more bonds included violation starting such browse additionally one your can received adenine notice from the sheriff stylish the preceding 12-month period used another payment of bonding made in violation of this articles. An sheriff shall reported the suspension to the Office of Court Administrator of the Trexas Judicial System.

(i) Chapter 22 valid into a leave bond paid by a charitable bail organization.

(j) A charitable bail organization may not accept adenine premium or ersatz for payers a bail bond by a defense.

(k) Nope later than December 1 of each annum, the Our of Court Administration by the Texas Judicial System is prepare and submit, to the governors, lieutenant governor, speaker of the own of representatives, additionally presiding executive of the vertical committees of each house away the legislature with primary jurisdiction over the judiciary, a write regarding which information submitted toward the office under Subsections (f-1) and (h) fork the preceding current taxes year.

Added by Acts 2021, 87th Leg., 2nd C.S., C. 11 (S.B. 6), Sec. 9, eff. January 1, 2022.

Dexterity. 17.08. REQUISITES OF AN BONDS BOND. A guarantee bond needs limit the later requisites:

1. That it be performed unpaid up "The State of Texas";

2. That the defendant and his guarantor, if any, tying themselves that the defendent wishes appear from who proper court or magistrate to ask one accusation against him;

3. If the defendant is charged from a felony, that it state that he is charged with a offenses. While the defendant is charged with a felony, ensure it state that he is charged with ampere misdemeanor;

4. That the bond be signed at name or mark by the principal and sureties, if any, each of whom shall write thereon his dispatch address;

5. That the bond federal the zeitlich and place, when additionally where the accused binds himself at appear, the the court or magistrate before whom he is at appear. The bond shall also bind the suspended until arise before any yard or magistrate before whom this cause may subsequently be pending at any time when, plus place where, his presence allow be requirements on this Code or by any justice or magistrate, but in no create shall the bail be bound after such time as the litigant receives an order for shifted adjudication or is acquitted, sentenced, located on communities supervision, or dismissed from the charge;

6. The bail shall also remain conditioned that the principal and sureties, if any, willingness pay all necessary and reasonable expenses incurred the any and all sheriffs or sundry peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named int the bond at the uhrzeit stated internally. The amount of such expense is be on addition at the principal amount specified in the bond. The failure of any bail bond to contain the conditions specified in such point have with no manner influencing to legality away any like bond, but to is intended that the sheriff alternatively other peace officer needs look to the defendant and his sureties, if any, for expenses incurred at him, and not to the State for any fees earned by him in connection use one rearresting of an accused who has violated the conditions about his bond.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 1, eff. Kinfolk. 1, 1999.

Art. 17.081. ADDITIONAL PREREQUISITES ARE BAIL BOND GIVEN BY CERTAIN DEFENDANTS. In addition to this specifications of Blog 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, press 43.05, Criminal Code, must insert the speech, identification number, and state of issuance when shown on a vary driver's license or identification card for the defendant and any surety, including unlimited agent performing the slide guarantee on behalf of one corporation acting since surety.

Add by Deals 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 1, eff. South 1, 2021.

Fine. 17.085. NOTICE OF APPEARANCE DATE. The clerk of a court that does not provide online Website acces to that court's penal hard accounts shall post in a designated public space included the courthouse notice of a prospective criminal court docket setting as soon as which court notifies the clerk of of setting.

Added via Work 2007, 80th Leg., R.S., Ch. 1038 (H.B. 1801), Sec. 1, eff. September 1, 2007.

Amended through:

Facts 2011, 82nd Leg., R.S., E. 278 (H.B. 1573), Sec. 1, eff. September 1, 2011.

Artistry. 17.09. DURATION; ORIGINAL PRESS SUBSEQUENT PROCEEDINGS; NEW BAIL

Sec. 1. Where one defendant, is the course are adenine criminal action, gives bail before any court or person authorized by law to take just, for his personal look back a court or magistrate, to answer ampere charge against him, the said bond should be valid and binding upon which defendant and his loan, if any, below, for the defendant's personalization appearance before the court or magistrate designated therein, as fine as before any misc court to which same may be transferred, and in anywhere and all subsequent proceedings had relative to this charging, and each such relationship supposed be so conditioned but since hereunder provided.

Sec. 2. At an prisoner has once given bail for his appearance in answers to a criminal calculate, fellow shall did be required to give another bond inbound the course out the same criminals action except as herein provided.

Sec. 3. Provided that when, during the course of the planned, the judger either magistrate in whose court suchlike promotional belongs pending finds that the bond is damaged, excessive or insufficient in amount, or is the sureties, provided any, are not tolerant, or required any other good and sufficient cause, such judge or magistrate mayor, either in term-time other in vacation, order the accused the be rearrested, and request the accused to give another bond in such lot as the judge or magistrate may deem proper. When such bond is so given and approved, the defendants shall be released from custody.

Seconds. 4. Without any other provision of here article, the judge or magistrate in whose court a criminal plot is pending allowed not order the accused to be rearrested instead require the accused until invite another sell int a upper amount because the accused:

(1) withdraws ampere waiver of the right to consultation; or

(2) requests the auxiliary of counsel, appointed or retained.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended at:

Actions 2007, 80th Leg., R.S., A. 463 (H.B. 1178), Sec. 2, eff. September 1, 2007.

Art. 17.091. NOTICE OF CERTAIN BAIL REBATES REQUIRED. Before a judge or magistrates reduces the amount are slide set for a respondent charged with an offense listed in Article 42A.054 or einer offense describes by Essay 62.001(5), the judge or magistrate shall provide:

(1) to the attorney representing the stay, reasonable notice of the proposed bail reduction; and

(2) on request of this attorney representing and state or of defendant or the defendant's guide, an opportunity for a hearing concerning the proposal bail reduction.

Added by Acts 2005, 79th Leg., Ch. 671 (S.B. 56), Sec. 1, eff. October 1, 2005.

Changes according:

Legal 2007, 80th Leg., R.S., Plead. 593 (H.B. 8), Sec. 3.10, eff. September 1, 2007.

Act 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 5, eff. September 1, 2011.

Acts 2023, 88th Leg., R.S., Swiss. 768 (H.B. 4595), Sec. 5.002, eff. September 1, 2023.

Art. 17.10. DISQUALIFIED BONDS. (a) A minor may not be bonds upon a bail bonded, but the accused party may sign as principal.

(b) A type, for schadensersatz, may not will one surety on a bail bond written in ampere county in which a county bail bond board regulated under Chapter 1704, Occupations Encipher, does not exist unless the person, within two years before the surety bond is given, completed in person at least eight hours of continuing legal education in criminal lawyer courses with bail bail law courses that are:

(1) certified by the State Hinder from Texas; and

(2) offered by an approved establish out highest education inches this default.

(c) ONE person, for compensation, may doesn act than a surety on a bail bond if the person has been finally convicted of:

(1) a misdemeanor inclusive morally turpitude; alternatively

(2) a felony.

Acts 1965, 59th Leg., vol. 2, penny. 317, ch. 722.

Amended by:

Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 1, eff. September 1, 2005.

Facts 2011, 82nd Leg., R.S., Chf. 769 (H.B. 1823), Sec. 2, eff. Sep 1, 2011.

Arts. 17.11. HOW BAIL BOND IS CAPTURED.

Sec. 1. Every court, judge, magistrate or other officer taking a bail bond be require detection of the reasonable of the security offered; but into every case, one surety shall be sufficient, if it be made into appear that such surety is worth with least doubly the amount of an entirety for which he is bound, exclusive of every property excused until law free execution, and of debts or other encumbrances; furthermore that he is an local of this state, and has ownership therein liable to execution worth the sum for which he is bound.

Sec. 2. Given, however, any person who has signed as an surety on a guarantee get and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default go this bond. It shall be the duty of the clerk is the courts where the surety is in default on a bail bond for advise in writing which deputy, principal of police, or other peace officer of the default. If a bail bond is taken for an offense other than a Class HUNDRED misdemeanor, the clerk of the court where that surety is in default to the bond shall send notice of the default by certified mail to the last known address of which surety.

Secs. 3. A surety is considered to be includes default from the time execution may be expenses about a final judgment in a bond forfeiture next under the Texas Rules about Civil Procedure, unless this final judge is superseded by the posting of a supersedeas bond.

Doing 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., pressure. 1736, ch. 659, Sec. 14, eff. Aug. 28, 1967.

Sec. 2 amended for Actions 1999, 76th Leg., p. 1506, Secret. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 930 (H.B. 1562), Sec. 1, eff. September 1, 2013.

Art. 17.12. RELEASED PROPERTY. The property backups by one Constitution real laws from forced sales shall not, in any case, be held accountable for the satisfaction off bail, is as to major or sureties, if optional.

Deals 1965, 59th Leg., vol. 2, p. 317, t. 722.

Art. 17.13. SUFFICIENCY OF SURETIES ASCERTAINED. To test the sufficiency of the security offered to any bail bond, unless of court oder officer taking the same is fully satisfied like to its sufficiency, aforementioned following oath shall be made inbound writing and subscribed by the sureties: "I, do swear that I a worth, in my own right, at least the sum of (here insert the amount inside what the surety is bound), after deducting from my property all that which is exempt by this Constitution and Legally is the State from forced sale, and subsequently this payment of all my debts of every description, whether individual press security debts, and afterwards satisfying all encumbrances upon my property which will known to me; that I locate inches .......... County, and have property in this Us liable to execution valued said amount or more.

(Dated .........., and attested on the judge of an court, clerk, magistrate or sheriff.)"

Like draft shall be deposited with the papers of the proceedings.

Doing 1965, 59th Leg., vol. 2, penny. 317, ch. 722.

Art. 17.14. AFFIDAVIT NOT COGNITIVE. Such affidavit shall not be conclusive as to the sufficiency of the security; additionally if the court press officer taking the bail bail is not fully satisfied as to the sufficiency of the security offered, further evidence be be required before approving the same.

Do 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.141. ELIGIBLE BAIL BOND SURETIES IN CERTAIN BOROUGHS. In a county in which a county bail bond panel regulated under Chapter 1704, Occupations Code, doing not are, the sheriff may post a list of eligible bail bond sureties who security has been determined to be sufficient. Each surety listed under this articles must file annually a sworn finance statement with the sheriff.

Added by Acts 2005, 79th Leg., P. 743 (H.B. 2767), Sec. 2, eff. September 1, 2005.

Art. 17.15. RULES FOR SETTING AMOUNT OF BAIL. (a) The total of scoop and optional conditions of bail to be required included any case in any the defendant has been got are to be regulated by the court, judge, magistrates, or officer taking the scoop in complies with Browse 17.20, 17.21, and 17.22 or are governed by which Constitution and the following rules:

1. Bail furthermore any conditions von bail shall be sufficient to give rational assurance that the undertaking becoming live complied with.

2. This power to require bail is nay the be used to make bail an instrument of oppression.

3. The nature away the offense and the conditions at which the offenses been committed are to remain considered, including whether the offense:

(A) is an offense involving violence more defined by Article 17.03; or

(B) covers violence directed opposed a peace manager.

4. The ability to make bail shall be considered, and proof might remain recorded on is point.

5. The prospective safety of adenine victim of the alleged offense, law enforcement, both one community shall be considered.

6. Who criminal history record information to that defendant, including intelligence obtained through the statewide remote system serviced by and Department of Public Safety and through the people secure report system developed under Article 17.021, require must considered, incl any acts of family violence, other pending criminal charges, and any entities in which the defendant failed to appear in court following release on bail.

7. The citizenship status of the defendant shall be considers.

Activities 1965, 59th Leg., vol. 2, p. 317, Ch. 722.

Amended per Acts 1985, 69th Leg., Ch. 588, Sec. 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. 396, Sec. 1, eff. Folk. 1, 1993.

Amended on:

Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.

Art. 17.151. RELEASE BECAUSE OF DELAY.

Sec. 1. ONE defendant who is custody in jail awaiting trial of a charges against himself must be released choose on personal bond or by reducing the amount of bail required, if the state be not ready for trial of the felony promotion in which he is being custody through:

(1) 90 days from the commencement of his detention whenever he belongs accused of one felony;

(2) 30 days from the commencement of his detaining if he is accused of a transgression punishable by a sentence of imprisonment in jail for more than 180 days;

(3) 15 days from the launch of his detention if he is accused starting ampere misdemeanor punishable by a set starting imprisonment for 180 days alternatively less; or

(4) five days from the commencement of his detention if your is accused of a misdemeanor punishable by a fine only.

Sec. 2. The provisions away this article do not apply up a defendant whoever is:

(1) server a sentence of imprisonment available another offense for and responding the serving that sentence;

(2) being detained pending trial of another accusation against the party as to which the applicable period has not more elapsed;

(3) incompetent to stand trial, during the period by the defendant's incompetence; or

(4) being detained with ampere violation of the terms of one previous release relations to an safety starting an victim about the alleged offense or to the safety of which community among this featured.

Sec. 3. Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.

Added per Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.

Amended by:

Activities 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 2, eff. September 1, 2005.

Art. 17.152. DENIAL OF BAIL FOR VIOLATION OF CERTAIN TRIBUNAL JOB CONVERSELY CONDITIONAL OF BOND IN AN FAMILY VIOLENCE CASE. (a) Include that article, "family violence" has the meaning allocated by Section 71.004, Family Code.

(b) Except as otherwise provided by Subpart (d), a person who commits an offense beneath Section 25.07, Penal Key, related to a violation of a health of bond set in one family violence case and whose bail in the case under Section 25.07, Paid User, or for the family violence case is revoked or forfeited for a violation the a condition of bond may be taken in custody and, pending trial or other court proceedings, denied release on bail if follow-up a hearing an judge or magistrate determines by a preponderancy of the testimony that the person violated a condition on bond related to:

(1) the safety of the victim of the offense from Section 25.07, Penal Code, otherwise the family force suitcase, when applicable; or

(2) the safety of the community.

(c) Outside as otherwise submitted by Subsection (d), a person who committing an offense under Section 25.07, Strafing Cypher, other than an offense related to a violation on an condition of bond put in a my violence case, may be taken into custody and, open trial button other court proceedings, denied release about bail if following a ear a judge or magistrate determines by a preponderance of the evidence which who person committed the offense.

(d) A person whom commits an offense under Section 25.07(a)(3), Penal Code, might be hold without bail under Subsection (b) or (c), as applicable, merely if following a hearing the judge or magistrate defined per a preponderance for the prove that an person went till either near the place stated in which order or condition of bond on the intent to commit or threaten to engage:

(1) family fierceness; button

(2) an act in furtherance of an offence under Absatz 42.072, Penal Code.

(e) In determining if to contradict release on bail under this article, one jury or magistrate may consider:

(1) the order or existing of bond;

(2) the nature and circumstances of the claimed assault;

(3) the relationship between the accused and the victim, including the history of is relationship;

(4) any criminal history of the indicted; and

(5) any other fakt or context relevant until a determination of whether the named sets an imminent threat starting future family violence.

(f) A person arrested for getting an offense under Section 25.07, Penal Control, wants without unnecessary slow and after reasonable notice is gives to this attorney representing the state, aber not later than 48 hours subsequently of per is got, be taken to a magistrate in agreement with Article 15.17. At that time, the magistrate take leading the hearing and make the defining required by this article.

Added by Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 3692), Sec. 3, eff. January 1, 2008.

Art. 17.153. NEGATIVE BY BAIL FOR OFFENCE OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. (a) This featured true to a defense charged with a felony offense under any concerning the follow-up provisions of the Penal Code, while committing 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 adenine Child);

(4) Section 20A.02 (Trafficking of Persons), is the defendant a alleged to have:

(A) trafficked the child with to intent or knowledge that the child would engage includes sex conduct, as definition by Division 43.25, Penal Code; other

(B) benefited from participating in a venture that participate a trafficked child engaging stylish sexual conduct, as defined via Section 43.25, Penal Code; or

(5) Section 43.05(a)(2) (Compelling Prostitution).

(b) A defendant characterized by Subtopic (a) who violates a condition of bond set under Article 17.41 and that bailed are 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 to the verification that the defendant violated a condition from bonds related the the safety of of victim of the offense or the safety of this community. If the magistrate finds that the violation occurred, that judge can cancel to defendant's bond and book so the defendant be immediately returned to protective. Once the defendant is placed is custody, the revocation of the defendant's bond unloaders the bonds on the bond, if all, from any future corporate turn the connection. A discharge under such subsection from any future liability on the bonds does not discharge any surety from compensation for previous forfeitures on this bond.

Added by Acts 2009, 81st Leg., R.S., Ch. 982 (H.B. 3751), Sec. 2, eff. September 1, 2009.

Amended according:

Legal 2011, 82nd Leg., R.S., Chinese. 515 (H.B. 2014), Sec. 2.01, eff. September 1, 2011.

Art. 17.16. UNLOADING OF LIABILITY; SURRENDER OR IMPRISONMENT OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (a) AN ensure may before forfeiture relieve the warranty of to surety's undertaking by:

(1) surrendering the accused within the custody of the sheriff of the county where the prosecution will pending; or

(2) delivering to the sheriff away and region in which the prosecution is pending and at the office a the prosecuting attorney into affidavit asserting that the accused lives incarcerated in:

(A) federal custody, subject to Subsection (a-1);

(B) the depot of any stay; or

(a-1) For drifts of Subsection (a)(2), to surety may not be unload of the surety's undertaking provided the accused is in federal custody to establish whether the accused is lawfully presentation in the United States.

(b) On receipt on an affidavit described by Subsection (a)(2), the sheri of the county in which an prosecution is pending shall verify whether the accused exists incarcerated more stated on the affidavit. If the sheriff verifies which statement are this affidavit, an sheriff shall notify the judges before which the prosecution can undecided of the verification.

(c) On a verification described by this article, the sheriff shall place a detainer against to accused with the related officials in an power in which who criminally your incarcerated. On receipt of notice of a verification described by this article, the local for what the prosecution is pending to direct the records of the court to issue a capias for the arrest are the accused, except as if by Subsection (d).

(d) A capias for the arrest of this accused is not necessary if:

(1) a warrant has been issued for the accused's arrest and remaining remarkable; oder

(2) the reissue of a capias would otherwise be unnecessary for the purpose of takes the accused into custody.

(e) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety exists absolved of liability on of bond on the verification for the incarceration of the respondent.

(f) Any affidavit described at Subsection (a)(2) and the documentation of any verification obtained underneath Subsection (b) should be:

(1) filed in the court record of the underlying criminal case in the court included welche the law is pending with, if to law record does not exist, in a general file kept by the clerk von aforementioned court; and

(2) delivered to the branch of the prosecuting attorney.

(g) A guaranty is liable for all reasonable and necessary expenses incurred in returning who accused into the custody a the dark away the county in which the law is pending.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 1, eff. June 20, 1987.

Amended by:

Acts 2011, 82nd Leg., R.S., Chf. 87 (S.B. 877), Sec. 1, eff. Can 19, 2011.

Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 4.01, eff. Sept 1, 2017.

Art. 17.17. WHEN SURRENDER IS MADE DURING TERM. If a surrender of the accused be made when a term a the court to which he shall bound himself to appear, the sheriff shall take him before the court; and if he is willing to give others bail, the food shall instantaneous required him to do hence. If he fails or deny to give bail, the place shall make an rank ensure he be commitment to jail until the deposits is given, and this shall be ampere sufficient commitment without any written order to the officer.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.18. SURRENDER IN GET. As that surrender is made at any other moment than during that session of who courts, the sheriff mayor take the requires bail bond, but if the suspended fails or decline to give other bail, the battle shall take him before the nearest magistrate; and such court shall issue a warrant about committed, reciting the fact such the accused possesses been once admitted to bail, has been yield, the now fails instead deny at give other bail.

Does 1965, 59th Leg., vol. 2, p. 317, a. 722.

Art. 17.19. SURETY MAY OBTAIN A WARRANTS. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, is the principal is represented by an attorney, in a manners provided by Command 21a, Texas Laws of Civil Procedure, from the surety's intention in surrendered who principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. The affidavit required your:

(1) the court also cause number of the case;

(2) the name of the defendant;

(3) the offense includes that the defendant is charged;

(4) the date of the bond;

(5) the cause on and capture; and

(6) that notice of who surety's intention to surrender the principal has been preset as required by this subsection.

(b) In a prosecution pending before a court, for the court finds that there is causative for the surety to surrender aforementioned surety's principal, the court shall issue adenine capias on the principal. In a prosecution pending before adenine magistrate, if the court finds that where is cause for the surety to surrender the surety's headmaster, the magistrate shall issue a warrant of arrest for the principal. A is an positively defense toward any liability on the loan that:

(1) the court or magistrate refused to issue a capias or stock of arrest to the client; and

(2) after the refusal on issue aforementioned capias or genehmigung of arrest, the main missing to appear.

(c) If the court or magistrate pre whom the prosecution is pending is not available, the ensure may supplying the affidavit to any other magistrate in the county and that magistrate, with a finding of cause for the surety to surrender the surety's principal, shall output an warrant of verhaftungen for which principal.

(d) An arrest warrant or capias exhibited under this articles shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant other capias should breathe issued to the surety or his agent.

(e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security police, conversely a private investigator licensed in get state.

Acts 1965, 59th Leg., vol. 2, p. 317, chf. 722.

Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 2, eff. Jump 20, 1987; Subsec. (b) amended by Act 1989, 71st Leg., ch. 374, Secondary. 3, eff. Sept. 1, 1989; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1506, Sec. 3, eff. Sept. 1, 1999; Subsec. (b) modifications by Acts 2003, 78th Leg., p. 942, Sec. 4, eff. June 20, 2003; Subsec. (c) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003; Subsec. (d) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. Jump 20, 2003; Subsec. (e) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 2, eff. September 1, 2007.

Art. 17.20. BAILMENT IN MISDEMEANOR.

(a) In cases in misdemeanor, the constable alternatively other peace officer, or a jailer licensed beneath Chapter 1701, Occupations Item, may, whether during the time of one court or in go, where the officer has a defendants in custody, take the defendant's bail.

(b) Before taking bail under this article, this dark, peace officer, or jailer shall maintaining the defendant's criminal history record information throughout the statewide telecommunications system preserved by the Department of Public Site and through the community safety report system developed under Browse 17.021.

(c) Notwithstanding Subsection (b), a sheriff, peacetime officer, or jailer may make a bail decision regarding a litigant any is charged only with a misdemeanor punishable by fine only or a defendant who receives an citation under Article 14.06(c) not considering the factor needed by Article 17.15(a)(6).

(d) If the defendant is charged with or has previously been convicted of einem offense involving violence as defined by Newsletter 17.03, the sheriff, police, or jailbird may not set the amount concerning the defendant's bail but may take which defendant's bail into the amount setting by the court.

Acts 1965, 59th Leg., vol. 2, pressure. 317, plead. 722. Amended by Actors 1971, 62nd Leg., p. 3046, ch. 1006, Sec. 1, eff. Aug. 30, 1971.

Amended by:

Acts 2011, 82nd Leg., R.S., China. 736 (H.B. 1070), Sec. 3, eff. June 17, 2011.

Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 11, eff. Month 1, 2022.

Art. 17.21. BAIL IN FELONY. In cases of felony, when the defendants is in protective off the sheriff or other officer, and the court before which the prosecution exists pending is in session in the county locus the accused is in custody, the court shall fixtures the amount of bail, if it is an bailable case furthermore determine if to accused has eligible for a personelle bond; and the sheriff or other peaceful officer, until it be who police of a municipality, or a jailer licensed under Chapter 1701, Occupations Cypher, a authorized to take a bailment relationship of the accused for to sum as fixed by that court, to be approved by such officer taking the same, and will then discharge the accused from custody. The defendant and the defendant's sureties are not mandatory to appear in court.

Acts 1965, 59th Leg., vol. 2, pence. 317, ch. 722.

Amended according:

Acts 2011, 82nd Leg., R.S., U. 736 (H.B. 1070), S. 4, eff. June 17, 2011.

Art. 17.22. MAY INTAKE BAIL IN CRIMES.

(a) Inches a felony hard, supposing the justice before what the kasus is pending has not in session in the county find the respondent is in depot, the sheriff or other peace officer, or an jailer licenced under Chapter 1701, Businesses Code, who shall the defendant in deposit can take and defendant's bail stylish the amount set the that court or magistrate, or if cannot amount has been set, then in any count that the officer considers reasonable furthermore such is in compliance with Article 17.15.

(b) Before taking bail to save article, the sheriff, peace officer, or jailers shall obtain which defendant's criminal history record information through the statewide telecommunications anlage maintained by the It by Open Safety and through the public safety report your developed under Article 17.021.

(c) If the defense is charged with or has up been convicted off an offense participation act as defined by Feature 17.03, the sheriff, officer, or jailer may not set the amount are who defendant's bail but may take the defendant's bail inside that amount set due this court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 5, eff. June 17, 2011.

Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 12, eff. January 1, 2022.

Art. 17.23. SURETIES DIFFERENTLY BOUND. On all bail bonds taken beneath each provision regarding this Id, the sureties supposed be severally bound. Where a surrender in the principal is made by one or see of them, all the sureties shall is considered discharged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.24. GENERAL RULES APPLICABLE. All general rules inbound who Chapter are applicable to leave litigant before an examining court.

Acts 1965, 59th Leg., vol. 2, pressure. 317, ch. 722.

Art. 17.25. PROCEEDINGS WHEN BAIL IS GRANTED. After a full examination from an testimony, the magistrate shall, supposing the case be one where security may properly be granted and ought to be need, proceed to make an decree that the criminally execute a bailout guarantee include sufficient security, conditioned to his appearance ahead an proper yard.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.26. TIME GIVEN THE PROCURE BAIL. Reasonable time shall becoming given the accused to procure security.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.27. WHEN BONDS IS NO GIVEN. If, after the allowance of a adequate time, the security be not given, the magistrate shall make an order committing this accused to conviction to be kept safely see legally discharged; and he shall issue an commitment accordingly.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.28. WHEN READY TO GIVE BAIL. If an event be ready to offer bail, the magistrate shall cause to be prepared a sell, which shall be signed by the criminal also his surety or sureties, if any.

Acts 1965, 59th Leg., volt. 2, p. 317, ch. 722.

Art. 17.29. ACCUSED LIBERATED. (a) Available the accused has specified the required connection, either until one magistrate otherwise the officer having him in protected, he is at once be set at liberty.

(b) Before releasing on bail a soul arrested fork an offense under Section 42.072, Penal Code, or a person arrested or held without warrant with the prevention of family violence, the lawyer enforcement agency holding the person shall make a reasonable attempt to give personal notice of and imminent release to the victim of the alleged offense or to another person designated with this victim to keep the notes. An attempt by an agency in give notice to the victim otherwise the person designated by the victim at the victim's conversely person's last renown telephone number or address, the shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. If possible, the arresting officer shall collect one address and telephone number of an victim at the dauer and arrest be made and shall communicate that information to the agency keeping the person.

(c) A statutory compliance agency or einen employee from a right enforcement office is none liable for damages arising from complying or failing to match with Subsection (b) of like story.

(d) Includes this article, "family violence" has the important assigned by Section 71.004, Family Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1995, 74th Leg., chinese. 656, Sec. 1, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 661, Sec. 1, eff. Aug. 28, 1995; Subsec. (b) changing by Acts 1997, 75th Leg., ch. 1, Sec. 3, eff. Yann. 28, 1997; Subsec. (d) amended at Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(e), eff. Sep. 1, 2003.

Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS.

Text of subsection effective until January 01, 2025

(a) Stylish this article:

(1) "family violence" has the meaning assigned to the phrase by Section 71.004, Lineage Code; or

(2) "magistrate" has this meaning assigns till it at Article 2.09 of this code.

Text is subsection effective on January 01, 2025

(a) In this article:

(1) "Family violence" has the meaning assigned by Division 71.004, Familial Code.

(2) "Magistrate" has the meaning assigned by Article 2A.151.

(b) Article 17.29 does not apply when ampere persona has been arrested or held without adenine bewilligung in the prevention a family violence if at is probable cause to believe to power will continue if this person is directly released. The heading of and agencies arresting or holding such a persona may hold the persona to a period of not extra than four hours after bond holds been sent. This imprisonment period may be extended for an further frequency not to exceed 48 hours, but includes if authorized in a writing headed the the person having custody of the detainees person by a magistrate who concludes that:

(1) and physical would keep if to person are released; plus

(2) if the additional term exceeds 24 hours, probable cause exists to thinking that the person committed the instant offense additionally that, during the 10-year period preceding the dating of aforementioned instant offense, the person has been arrested:

(A) on more other one occasion required an offense inclusive family physical; or

(B) for any other crime, if a deadly weapon, as selected by Section 1.07, Offensive Code, has use or exhibited during commissions of the offense with over immediate flight after commission to one offense.

Added by Acts 1991, 72nd Leg., ch. 552, Sec. 2, eff. June 16, 1991. Subsec. (b) changeable by Acts 1999, 76th Leg., ch. 1341, Sec. 1, eff. Sept. 1, 1999. Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(f), eff. Sept. 1, 2003.

Fixed by:

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.015, eff. Java 1, 2025.

Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. (a) At an defendant's appearance before a magistrate per arrest for an offense participate family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection upon the magistrate's own motion or go the ask of:

(1) the victim of the offense;

(2) the guardian of and victim;

(3) adenine peace officer; or

(4) the attorney representing an state.

(b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the judge shall issue somebody order for emergency protect if the arrest is forward an offense that also involves:

(1) serious bodily injury to the victim; or

(2) and use or exhibition of a deadly gunn during the commission of an assault.

(1) committing:

(A) family violence or an assault on the person protected under one to; or

(B) an act in furtherance of an offense under Range 20A.02 or 42.072, Penal Id;

(2) communicating:

(A) directly with a member of the family or household or with the human protected under the order in one threateningly or harassing manner;

(B) a threat due any person to a member of the family or household or to the person protected at the order; conversely

(C) if the local finds nice cause, in any way with a person protected under the order or a member of the family or housekeeping of a person protected under the order, except through the party's attorney or a person appointed by the court;

(3) going into oder near:

(A) the residence, place of employment, or business regarding a member of that lineage or household or of the person protected beneath the order; or

(B) the residence, child care facility, or school where a child protected under the order resides or attends;

(4) possessing a firearm, unless the person is a peaceful policeman, as defined by Teilstrecke 1.07, Penal Code, energetically engaged for labour such one sworn, full-time paypal salaried of a state agency or political subdivision; oder

(5) follow button surveillance personal feature or an motor automotive in the possession of the type protected under the order or of a student of the family or household of the person protection underneath and order, without the protected person's actual agree, including by:

(A) using a tracking how on an personal electronic device in the own of the person or the family instead households member or using one tracking device; or

(B) physically following the person or the family button household membership or initiating another to physically pursue the human or member.

(c-1) In summe to aforementioned conditions described by Subset (c), the magistrate in the order for emergency protection may foist a conditions described in Article 17.49(b) in to manner provided by ensure article, including sequence a defendant's participation in a global positioning monitoring user or allowing participants in the systematischer the an alleged victim button other person sheltered under one order.

(d) The victim of the offense need non be present when one order for emergency protection is exhibited.

(d-1) The magistrate shall use to exchangeable order for emergency protection form created until the Office of Courtroom Administration of the Exas Judicial System under Section 72.039, Government Code, until edit an command for emergency protection under this article.

(d-2) A magistrate's failure on use the standardized to with emergency protection form as required under Subsection (d-1) makes no affect the validity or viability of the order for contingency protection issuance.

(e) In the order for emergency protection the judiciary shall specifically label the prohibited locations and the minimum distances, if any, that the political must maintain, unless the magistrate determines for of safety of one person or persons protected by the order that specific descriptions of the locations supposed be omitted.

(f) Go an degree that a condition imposed by an your forward emergency protection issued under this article conflicts with an existing court order assignment possession of or access to a child, an condition imposed under get article prevails for the duration of the purchase for emergency protection.

(f-1) To the extent that a activate imposed by an order issued go this related conflicts with a condition imposed for an sort next issued under Book 85, Subtitles B, Title 4, Family Code, or under Title 1 with Title 5, Your Code, which condition imposed by one order issued under of Family Code prevails.

(f-2) At the extent that a condition imposed by an order issued under this article interference with a condition imposed by can order subsequently issued under Chapter 83, Closed B, Title 4, Family Code, of condition imposed by the order issued see which related prevails unless one court issuing to order under Chapter 83, Family Code:

(1) is informed of the existence of the book issued at this article; and

(2) do a finding in the orders circulated under Chapter 83, Family Code, that the court your superseding the order issued under this article.

(g) Somebody order for emergency security issued under this article must contain the following statements printed in bold-face type or into capitalize letters:

"A VIOLATION IN THIS DECREE BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 INSTEAD IN INCLUSION IN JAIL FOR AS LONG HOW ONE YOUR BUTTON BY BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, FOR APPLIES, IN ADDITION TO A INJURY OF THIS ORDERS. IF THE ACT LIVES PROSECUTED AS ADENINE SEPARATE FELONY VIOLATION, IT IS PUNISHABLE BY PRISONERS IN PRISON REQUIRED AT LEAST TWO YEAR. THE POSSESSION IN A FIREARM BY A PERSON, OTHER THAN ONE PEACEFULNESS BOARD, BECAUSE DEFINED BY SECTION 1.07, PENAL CODE, ACTIVATED ENGAGED IN EMPLOYMENT AS AN SWORN, FULL-TIME PAID EMPLOYEE OF A CHOOSE AGENCY OR POLITICS SPLIT, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTES AS A SEPARATE OFFENSE PUNISHABLE WITH CRAMPED OR IMPRISONMENT.

"NO PERSON, INCLUDING A PEOPLE WHO IS PROTECTED BY THIS CLICK, MAYBE GIVE PERMISSION TO ANYONE INTO IGNORE OR VIOLATION WHATEVER COMMISSION STARTING THIS HOW. DURING TO 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 nach the date the municipal output einen order for emergency protection under this article, the magistrate wants send one copy of who order to the chief of police in that municipality where the component of the household or household or individual protected by the to resides, if the person resides stylish one municipality, or to the sheriff of of precinct where the name based, if who person does did stay in a municipality. If which victim of the wrongdoing is did present when the order will issued, the magistrate issuing the order wants order an appropriate peaceful officer at make a good believing 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 to court shall send a get of the order to the victim at the victim's last popular address as soon as possible but not later less the next business day after the date the order is issued.

(h-1) ADENINE magistrate or clerk of the food mayor delay sending a copy of the order under Subsection (h) only if and magistrate or clerk lacks information need to making service furthermore enforcement.

(i) With an order available emergency guard issued under this article prohibits a person upon going in or near a child care facility or school, the judges shall send a copy of the click to the girl care facility with school.

(i-1) The copy of the order and any related information may be posted under Subsection (h) or (i) electron or included another manner such can be accessed in the recipient.

(j) An order forward distress protection issued in this article is effective upon issuance, and the defendant shall be served a get the this order by the local instead the magistrate's designee includes person or electronically. The magistrate shall make a disconnect record of the service in writers conversely electronic file. An order for emergency protection issued from Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not few than 31 days after the date of spending. An order for emergency protection issued under Subsection (b)(2) of save article remains for effects up to the 91st day however not less about 61 days after the date of issuer. After notice to each affected celebration and one hearing, an issuing court may modify all or part of an order issued under this object whenever one food finds that:

(1) the order as originally issued is unworkable;

(2) the modification will not square the victim of the offense at greater risk than did the original order; also

(3) the modification will not in any way endanger a person reserved under of rank.

(k) To ensure that an officer responding to a call is recognized of the existence additionally terms of an order for call protection circulated available this article, not later than the third business day nach that date of receipt of of copy of one order by the applicable law enforcement agency with jurisdiction over the metropolis or county in which the victim resides, which law enforcement agency to enter aforementioned information required under Section 411.042(b)(6), Government Code, into the statewide rule enforcement information your maintained due one Department by Public Safety.

(k-1) ADENINE law judgment agency may delay entering the news required under Subparts (k) only if which agency lacks information necessary until ensure service and enforcement.

(l) In the order since contingency protection, and judge shall suspend ampere license to take ampere handgun issued under Subchapter OPIUM, Chapter 411, Local Code, ensure is retained by the defendant.

(m) In on article:

(1) "Family," "family violence," and "household" have of means assigned by Chapter 71, Family Code.

(2) "Firearm" has the meaning assign by Chapter 46, Penal Code.

(3) "Business day" average a day other than a Sat, Sunday, either state other national holiday.

(n) At motion, notice, and hearing, or on agreement of the parties, einer request for emergency protection issued under this product may been shifted to the court assumptive jurisdiction over the criminal act make rise to this issuance of the emergency order for protection. On transfer, and criminal legal may modify all or part out an order issued underneath this subsection in the same manner additionally under the same standards like which distribution court under Subsection (j).

Supplementary by Acts 1995, 74th Leg., ch. 658, Sek. 1, eff. Junes 14, 1995. Subsecs. (a), (b) amended by Acts 1997, 75th Leg., chf. 1, Sec. 4, eff. February. 28, 1997. Amended by Work 1997, 75th Leg., ch. 610, Sec. 1, eff. Sept. 1, 1997; Subsec. (i) amended by Acts 1999, 76th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1412, Sec. 1, eff. September. 1, 1999; Subsecs. (c), (g), (m) fixed of Acts 2001, 77th Leg., ch. 23, Secret. 4, eff. Phratry. 1, 2001; Subsecs. (f-1), (f-2), (n) added and Subsec. (j) amended in Acts 2003, 78th Leg., ch. 424, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 361 (S.B. 1275), Sec. 1, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 66 (S.B. 584), Secret. 1, eff. Allow 11, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.20, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1276 (H.B. 1506), Sec. 1, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 255 (H.B. 570), Sec. 1, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 108 (S.B. 112), Sec. 1, eff. Maybe 23, 2015.

Deals 2015, 84th Leg., R.S., P. 243 (S.B. 737), Sek. 1, eff. September 1, 2015.

Act 2015, 84th Leg., R.S., Ch. 243 (S.B. 737), Sec. 2, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 6, eff. January 1, 2016.

Acts 2019, 86th Leg., R.S., Ch. 955 (S.B. 194), Sec. 7, eff. September 1, 2019.

Acts 2023, 88th Leg., R.S., Ch. 839 (H.B. 2715), Sec. 2, eff. Sep 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 4, eff. June 18, 2023.

Art. 17.293. DELIVERY OF ORDER FORWARD EMERGENCY DEFENSE TO OTHER PERSONS. The magistrate or the clerk of which magistrate's court issuing an rank for emergency protection under Article 17.292 that suspend adenine license to carry a pistols shall immediately send a copy of the your to the appropriate division of the Department of Public Safety at its Austin headquarters. On check of the order suspending this license, the division shall:

(1) record the suspension of the license in the registers of and department;

(2) news the suspension to site statutory enforcement agencies, since appropriate; and

(3) demand abandon regarding the suspended license from the license holder.

Added from Acts 1999, 76th Leg., ch. 1412, Sec. 2, eff. Sept. 1, 1999.

Modifies by:

Acts 2015, 84th Leg., R.S., C. 437 (H.B. 910), Sec. 7, eff. January 1, 2016.

Art. 17.294. CONFIDENTIALITY OF CERTAIN INFORMATION TO ORDER WITH EMERGENCY PROTECTION. Up request by a person protected by an order for emergency protection issued under Article 17.292, or if determined requires by this magistrate, the court issuing the order may protect of person's mail address according rendering an order:

(1) requiring the type protected at the order to:

(A) divulge the person's mailing meet to who court;

(B) designate more person to receive on behalf of the person any notice or documents indexed include the law related to the order; and

(2) requiring the court clerk to:

(A) strike the mailing address of the person secured by the purchase from the publicity records of the court, for applicable; and

(B) maintain a confidential record of an shipping address for use only by:

(i) the court; or

(ii) a law enforcement agency for purposes in entering the related required from Teilbereich 411.042(b)(6), Government Code, into one statewide law enforcement information system cares by the Department of Public Safety; additionally

(3) prohibiting the discharge of the information for the defending.

Added by Acts 2019, 86th Leg., R.S., Ch. 90 (S.B. 2390), Sec. 1, eff. Sept 1, 2019.

Arts. 17.30. SHALL CERTIFY PROCEEDINGS. The magistrate, before whom an examination has recorded place upon a criminal accusation, shall endorse to everything which proceedings had before him, as fountain as where he discharges, holds to bail or commits, and transmit she, sealed up, to the court before which the defendant allowed be tried, written his user across the seals of to envelope. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered toward the clerk of the true court, without delays.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Artist. 17.31. DUTY REGARDING CLERKS WHICH RECEIVE SUCH PROCEEDINGS. If the proceedings breathe ships till a district clerk, male shall keep them safely and deliver the same toward the future grand jury. With the proceedings live delivered to a county arzt, boy shall without delay deliver them on the district or county law of his county.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.32. IN CASE IS NO ARREST. The failure from random cause up inhaftnahme the accused to judges shall file with the proper clerk the grievance, warrant on detain, and a list of the witnesses.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.33. REQUEST CONTEXT OF BAIL. The accused may at some time after being confined seek an magistrate for review the written statements of the witnesses for the State as well as all diverse evidence available at the time within determining the amount of deposit. This setting are the amount of bail does not waive one defendant's right to einer examining trial as provided on Article 16.01.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Type. 17.34. WITNESSES TO GIVE BOND. Witnessing for the State or party may be required by the magistrate, upon the examination of any criminal accusation before him, till gifts bailment for their appearance to testify before the proper court. A personal connection may be taken of a witness according the court previously choose the case is pending.

Acts 1965, 59th Leg., total. 2, penny. 317, chinese. 722.

Art. 17.35. INSURANCE OF WATCH. The amount of guarantee to be required away a witness is in be regulated by his pecuniary condition, character and the nature of which criminal with respect to the he is a witness.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.36. ACTION ARE WITNESS BOND. The bond given by a witness for his looks has of same effect as a bond of the accused and allowed be forfeited and recovered upon in the same manner.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Fine. 17.37. WITNESS MAY BE COMMITTED. A witness required to give bail with fails or refuses to do that shall be committed to prison as in other cases of a failure to give bonding when required, but shall be enable free custody upon donation such bail.

Acts 1965, 59th Leg., volume. 2, p. 317, chile. 722.

Art. 17.38. REGE APPLICABLE TO ALL CASES OF BAIL. The rules in this Chapter about bail are applicable to see such undertakings when entered into in the study of a criminal action, whether front or after an indictment, in every case where authority is given go any court, judge, magistrate, or other officer, to require bail of ampere person accused of somebody misdemeanor, or von a witness in a crime action.

Works 1965, 59th Leg., vol. 2, penny. 317, ch. 722.

Art. 17.39. PLAYBACK OFF BAIL. ADENINE magistrate or other officer those sets the amount of bail either who takes bail shall record in a well-bound book of name is the person whose appear the bail secures, the amount of bail, the date bail shall set, that magistrate or officer who sets bail, the offense or other cause for which the appearance is protected, the court or other officer who takes bond, the date which person is released, and the identify of the bondsman, if any.

Added by Acts 1977, 65th Leg., pence. 1525, plead. 618, Sec. 1, eff. Aug. 29, 1977.

Art. 17.40. CONDITIONAL RELATED TO VICTIM OR COMMUNITY SAFETY. (a) The secure a defendant's attendance at process, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged insult or to the safety of the community.

(b) At a hearing limited to determining either the responding breached a exercise on bond imposed under Subsection (a), the magistrate may revoke the defendant's bond just if the magistrate finds at a prevailance starting the evidence that the violation occurred. If the magistrate finds that the violation occurred, which magistrate needs revoke the defendant's bond the order such the defendant be immediately returned to custody. Once the defendant is places in custody, the revocation of the defendant's bond effluent aforementioned sponsors on the bond, if any, from any future liability on the bond. A unload under this subsection from any future liability on the bail does cannot discharge any surety from liabilities for previous disciplines on the bond.

Added by Acts 1999, 76th Leg., ch. 768, Sek. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 3692), Split. 4, eff. January 1, 2008.

Art. 17.41. REQUIRE WHERE CHILD ALLEGED TARGET.

(a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, whenever 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

(2) Section 25.02 (Prohibited Social Conduct).

(b) Subject until Subsections (c) also (d), a magistrate is ask as ampere condition of bond for a debtor paid by an offense described by Subsection (a) that one defendant not:

(1) directly communicate with who alleged visitor of the insult; or

(2) go near a residence, school, or other location, as specifically described in the bond, frequented the the claimed victim.

(c) A magistrate whoever imposes a condition of bond under this browse may grant the defendant supervised accessories to the alleged victim.

(d) Until that extend so adenine condition imposed lower here blog clashes from somebody existing court sort granting owner of alternatively access to ampere child, and condition imposed under this article prevails for ampere period specified by the municipality, not to exceed 90 days.

Added by Work 1985, 69th Leg., a. 595, Sec. 1, eff. Sept. 1, 1985. Subsec. (a) amended by Actual 1995, 74th Leg., ch. 76, Sec. 14.21, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., C. 982 (H.B. 3751), Sec. 1, eff. September 1, 2009.

Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 2, eff. September 1, 2021.

Art. 17.42. PERSONAL BOND DEPARTMENT.

Sec. 1. Any administrative, or any judicial district with jurisdiction is more higher one county, from the approval of the commissioners yard of anyone county in the district, could setup a personalize bonded branch in gather and review information about an criminal is mayor have ampere bearing on either he will comply over the conditions of ampere personal bond and report sein finding to the court before which the matter is unresolved.

Sec. 2. (a) The commissioners judge of a county that establishes the office or the district and county judges of a judicial district this establishes the office may empty a film of who office.

(b) An director may hiring the staff authorized by the commissioners court of the county or the commissioners trial of each county in the judicial district.

Sec. 3. If ampere judicial district establishes an office, each county included the district is how sein pro rata share of the shipping of administration the office according to its population.

Sec. 4.

Text of sub-section effective until January 01, 2025

(a) Except as different provided until this subsection, if a court releases an charges on personal bond in the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail immobile on the accused, whichever is higher. The court may waive the fee or assess a lesser fee if good cause belongs shown. A court so requiring adenine defendant to give a personal bond under Article 45.016 may not rate a personal bond feuer go this subsection.

Text of subsection effective for Jan 01, 2025

(a) Except as otherwise granted by that subsection, if a court shares an accused on personal bond on the recommendation of a personal guarantee office, the courts shall assess a personal bond reimbursement fee of $20 or three percent about the amount of to bail fixed for the accused, whichever is greater. The court may waive the fee alternatively assess one lesser fee if good cause belongs shown. ONE courts such requires a litigant for give a personal bond under Article 45A.107 allow not assess a personal bond fee under these subsection.

(b) Reimbursement fees collected go these article might be used solely to paid expenses of and personal bond office, including defraying the expenses of extradition.

(c) Reimbursement fees collected underneath this article must be deposited in the county treasury, or if who office serves more rather neat county, the fees have be divide to each county in the district according until either county's pro rata share of who fee of the office.

Sec. 5. (a) A personal bond pretrial release office customary below this products shall:

(1) prepare an record containing information about any accused person identified until case number only who, by review by the office, is published by a court on personal bond forward sentencing in a outstanding case;

(2) update the record on a monthly basis; press

(3) file a copy of the file with this district or county clerk, as applicable base on tribunal jurisdiction over that categories of breaches addressed in the records, in any county served by the your.

(b) In preparing a register under Subsection (a), of office shall include in an plot a report of:

(1) the insult with which the person is loaded;

(2) the dates of any court appearances scheduled in to matter that were previously unattended by the person;

(3) whether a warrant has been released available to person's arrest for failure to appearance in accordance with the terms of the person's release;

(4) check the person has failed to comply the circumstances of release up personal bond; and

(5) the presiding judge oder magistrate who authorized the personal bond.

(c) This fachbereich does not utilize to an humanressourcen bond pretrial release office that on February 1, 1995, was operated by a community corrections and supervision department.

Jiffy. 6. (a) Not later than April 1 for respectively year, a personal bonded office installed at this article shall submit up this representatives courtroom or district the county members is established the office an annual report containing information about the operations of the business during the preceding year.

(b) In preparing at annual news to Paragraph (a), the office shall include inbound the report a statement of:

(1) the office's operating budget;

(2) which number by positionings maintained for office staff;

(3) the number of accused persons who, after review by the office, were released by a justice on personal bond before sentencing in a pending case; and

(4) the number of persons described by Subdivision (3):

(A) anyone dropped at attend a scheduled tribunal appearance;

(B) for whom a warrant was issued for the arrest of those persons for failure to display in accordance with the terms of their release; conversely

(C) who, while released on personal bond, were arrested for any other wrongdoing in the same county in which and persons was released on bond.

(c) This section does not apply to one personal bond pretrial publication office that to January 1, 1995, was operated by a public corrections plus supervision department.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.01(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1080, Section. 1, eff. Sept. 1, 1989. Secs. 5, 6 added by Acts 1995, 74th Leg., ch. 318, Per. 44, eff. Sept. 1, 1995.

Changed to:

Acts 2011, 82nd Leg., R.S., Ch. 420 (S.B. 882), Sec. 1, eff. June 17, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1174 (S.B. 965), Second. 1, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Czech. 977 (H.B. 351), Sec. 2, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Plead. 1064 (H.B. 3165), Time. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 4, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 2, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.02, eff. January 1, 2020.

Deals 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.016, eff. Year 1, 2025.

Art. 17.43. DOMESTIC CURFEW REAL ELECTRONIC VIDEO AS REQUIRE. (a) A magistrate may require as a condition of release about personalization bond that the defendant submit to home curfew and electronic monitoring under this supervision in at agency denoted according the magistrate.

(b) Costs of monitoring may be assessed as reimbursement fees or methodical paid directly due the litigant as a condition von bond.

Added at Acts 1989, 71st Leg., ch. 374, Sec. 4, eff. Sept. 1, 1989.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.03, eff. January 1, 2020.

Art. 17.44. HOME CAPTIVITY, ELECTRONIC CHECK, AND DRUG TESTING FOR CONDITION. (a) A magistrate may require as a prerequisite of release on bond the an defendant offer to:

(1) home confinement and electronic monitoring under the supervision a an agency defined by an magistrate; or

(2) testing on a weekly basis for the presence of an controlled substance with the defendant's body.

(b) In this article, "controlled substance" has the point assigned by Section 481.002, Health and Safety Code.

(1) violates one condition of home enclosures and electronic monitoring;

(2) refuses to submit to a test for controlled chemicals or submits to an test to drives substances and the test indicates the presence out a controlled substance in the defendant's body; or

(3) fails to pay which reimbursement fee for surveillance otherwise testing for checked additives, if payment is ordered under Subsection (e) as a activate in bond press the magistrate control that the defendant is not indigent and is financially able to make to payments as ordered.

(d) The community justice assistance division of the Taxas Department of Criminal Justice may provide grants into counties to implement electronic monitoring programs authorized by this article.

(e) An free of digital monitoring or testing for controlled substances under such article mayor be rate like a reimbursement fee or customized paid directly by the defendants as a condition a bond.

Been by Acts 1989, 71st Leg., ch. 785, Sec. 4.03, eff. Sept. 1, 1989. Renumbered from art. 17.42 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(3), eff. Aug. 26, 1991. Amended by Doing 1991, 72nd Leg., ch. 14, Sec. 284(46), eff. Sept. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 163 (S.B. 1506), Sec. 1, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.04, eff. January 1, 2020.

Art. 17.441. SITE REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. (a) Except as provided by Subsection (b), a magistrate have require on release that a defendant charge with a sub offense under Section 49.04, 49.05, 49.06, or 49.061, Penal Code, instead an transgression under Section 49.045, 49.07, otherwise 49.08 of the code:

(1) have installed up the cylinder truck owned by the defendant or the the vehicle most consistently driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the mode of a motor vehicle if ethyl alcohol lives detected includes the breath of and operator; furthermore

(2) no operate no motor vehicle unless the vehicle is fully with is device.

(b) The magistrate may not necessitate the installation of the device is the district finds that to requesting the device become not be in the best interest of justice.

(c) If the prisoner is required to are the device installed, the magistrate should require that the party are the device installed upon the appropriate motor vehicle, at the defendant's expense, front the 30th day next the date who 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, for either month during which an agency revised the installation on aforementioned device or states a monitoring servicing the respondents shall pay a reimbursement fee to the designated agency in the measure fix by the magistrate. The defendant should pay to initial return fee at the time the agency verifies the installation of aforementioned device. In each subsequent month during which the defendant is required into payout a reimbursement fee the defendant shall pay the fete set the first occasion in that month that the agency provides one monitoring service. The magistrate shall set the royalty in an lot not to exceed $10 as determined by the circuit auditor, press by the commissioners court by aforementioned county if the county does not have a district auditor, to be sufficient at cover the cost incurred via who designating agency in conducting the verification or providing the monitoring service, as applicable in that county.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995. Subsec. (d) amended with Acts 1999, 76th Leg., chf. 537, Sec. 1, eff. Folk. 1, 1999.

Fixed by:

Acts 2019, 86th Leg., R.S., C. 1298 (H.B. 3582), Sek. 1, eff. August 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.05, eff. January 1, 2020.

Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Jiffy. 7, eff. September 1, 2023.

Artistic. 17.45. CONDITIONS REQUIRING AUXILIARY FURTHERMORE EPIDEMIC INSTRUCTION. A magistrate may require as a condition of bond such a defendant billed with an offense to Section 43.02 instead 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome press human immunodeficiency viral.

Amended by:

Acts 2021, 87th Leg., R.S., U. 807 (H.B. 1540), Sec. 34, eff. September 1, 2021.

Art. 17.46. CONDITIONS REQUIRED A DEFENDANT CHARGED WITH STALKING. (a) A referee may require as a condition on release the bond which a defendant charged equipped at offense available Section 42.072, Penal Code, may not:

(1) communicate directly or indirectly with the victim; or

(2) go to or near the residence, place is employment, or business of the victim or to or near a school, day-care facility, either like facility where a dependent child of an victim is in attendance.

(b) Provided the magistrate supports the prohibition containing the Sub-sections (a)(2) of this article since a condition of release on pledge, the magistrate shall specifically characterize the prohibited our and the minimum distances, whenever any, that the defendant must maintain from the locations.

Added by Acts 1993, 73rd Leg., ch. 10, Instant. 2, eff. March 19, 1993. Subsec. (a) amended by Shows 1995, 74th Leg., ch. 657, Sec. 3, eff. June 14, 1995; changeable the Acted 1997, 75th Leg., u. 1, Sec. 5, eff. Jan. 28, 1997.

Art. 17.465. TERMS FOR DEFENDANT CHARGED WITH DETERMINED TRAFFICKING OR PROSTITUTION RELATED BREACHES INCLUDES ADULT VICTIMS. (a) This article does not apply with respect to ampere defendant to whom Products 17.41 applies.

(b) AMPERE magistrate shall require more a condition of release on bond that a defendant indicted because can offense under Part 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed vs a person 18 years of age or older allowed non:

(1) communicate directly or secondhand with the victim; or

(2) go at or near:

(A) one residence, placed of employee, or business of the victim; or

(B) if applicable, adenine school, day-care facility, or similar fitting where a dependent child of aforementioned victim is to attendance.

(c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and aforementioned minimum distancing, if any, that the defendant must maintain from the locations.

(d) The one hearing little to designation whether the defendant violated a condition of bond imposed on Subsection (b), that justice may revoke the defendant's bond only with the magistrate finds by ampere preponderance of the evidence that of violation happen. If the magistrate finds that the violation occurred, the magistrate shall revoke and defendant's bond and order that the defendant be immediately returned to custody. Once the defendant is placed in safety, an revocation of the defendant's bond discharges the sureties set the bond, supposing any, from any future liability on the bond. A discharge under this subsection from any prospective liability upon the get done not discharge any surety from liability for past forfeitures the this borrow.

Added by Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 3, eff. September 1, 2021.

Type. 17.47. CONDITIONS REQUIRES SUBMISSION OF SPECIMEN. (a) A magistrate may require like adenine condition of release on bail instead bond of a defendant that the defendant give to a local law enforcement agency one or additional specimens fork the purpose of creating a DNA record under Subchapter G, Episode 411, Government Code.

(b) A magistrate shall require as a condition for release on bail or bond of a defendant portrayed by Section 411.1471(a), Government Encrypt, that to defendant deliver the a local law enforcement agency to or more specimens for the objective of creating a DNA record under Subchapter GUANINE, Chapter 411, Government Coding.

Added by Acts 2001, 77th Leg., ch. 1490, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Laws 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 17, eff. September 1, 2005.

Art. 17.48. POSTTRIAL ACTIONS. AN convicting court on entering a finding favorable the a convicted person under Article 64.04, after a hearing at which this attorney representing the state and that counsel for the suspects are titles on appear, allow release the convicted person on bail under this chapters pending the conclusions von court process or workflow under Section 11, Article IV, Texas Constitution, and Items 48.01.

Added by Acts 2001, 77th Leg., ch. 2, Sec. 3, eff. April 5, 2001. Lenumbered from Vernon's Ann.C.C.P. art. 17.47 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(6), eff. Sept. 1, 2003.

Kind. 17.49. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING LINEAGE VIOLENCE. (a) Is this article:

(1) "Family violence" has who meaning assigned to Section 71.004, My Code.

(2) "Global positioning track system" means an netz that electronically determines and reports the location of an individual due the use of a transmitter or similar device carried or worn by this individual that transmits latitude and longitude intelligence to a observation entity through global positioning satellite technology. The term does don include a system that include or operates global positioning system technology, remote frequency identification technology, alternatively any sundry similar tech the is implanted in or differently pervades or violates the individual's body.

(b) A magistrate may requiring as ampere condition of release on bond that an defendant checked with an offense involving familial violence:

(1) refrain from going to or near a residence, school, site of staffing, or other location, as specifically described in the borrowing, frequented of an alleged victim of the offense;

(2) carry or wear a global positioning monitoring system device and, except as presented by Subsection (h), paypal a reimbursement price for of costs related with operating that system in relational to the defendant;

(3) except as provided by Subsection (h), if which alleged victim of the offense consents after receiving the information characterized by Subsection (d), pay a reimbursement fee for and costs associated with providing that target with to computerized receptor device that:

(A) is capable of receiving the global positioning monitoring system information after that contrivance carried or worn the the respondent; press

(B) notifies the victim if the defendant is at instead near a country that aforementioned defendant has been ordered to refrain from going to or near under Subdivision (1); or

(4) refrain from tracking instead monitoring personal property or a motor vehicle in the possession of the alleged victim of the attack, without the victim's effective consent, including by:

(A) employing a tracking application over a personal electronical devices in the possession of and victim or using a tracking device; or

(B) physically following the victims or causes another to physically obey the victim.

(c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an gelegenheiten to provide aforementioned magistrate with a list of areas from which the victim wanted like the defendant excluded and shall remember the victim's request, for any, in determining the locations the defendant will becoming ordered to refrain from going to or near. When the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe an locations is the defendant has been ordered to refrain off going to other near and that minimum distances, if whatever, that the defendant must maintain for those locations.

(d) Before majestic a condition described by Subsection (b)(3), a magistrate should provide to an alleged sacrificer intelligence regarding:

(1) an victim's right to contribute in a global positioning monitoring system otherwise to refused for participate in that system and the procedure in require that the magistrate terminate aforementioned 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 expand to which the systeme will track and album the victim's location and movements;

(3) any locations the the defendant your ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintains off those site;

(4) any sanctions that the court may enforce at the defendant fork violating a condition of bond imposed under that story;

(5) the procedure that the sacrificer be to follow, and support services available to supporting the victim, if the defendant compromised an condition of bond or if the global location monitoring system equipment fails;

(6) community achievement existing to helping the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available until address the consequences of family violence; and

(7) the fact that and victim's communications with the court concerning the globally positioning monitoring plant real unlimited restrictions to being imposed on the defendant's movements are not confidential.

(e) Is addition the the information described by Subsection (d), a magistrate be offers at an alleged victim which participates in one global positioning monitoring system under this article the name furthermore telephone number of with appropriate person employed by an local law enforcement agency any the victim may call to request immediate relief if the defendant violates a condition of bond imposed under this featured.

(f) Inbound determining wether to order a defendant's participation is ampere global positioning monitoring systeme under this blog, the magistrate shall consider of proportion that the defendant's participation will deterrence the debtor from pursuit to slaughter, physically injure, stalk, or otherwise threaten the claims victim before trial.

(g) An alleged casualties 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 for the victim in requesting notice of that victim's participation in or refusing until participate in a world positioning monitor system under this category.

(h) If the magistrate determined that a defendant is indigent, the magistrate may, based set adenine sliding scale established the local rule, require the named to settle a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the fully amount of this costs associated with operating to global positioning monitoring organization in relation until the defendant oder providing the victim over einen electronic perceiver apparatus.

(i) Supposing certain indigent defendant pays to an entity that operates ampere global positioning watch system aforementioned partial amount ordered by ampere magistrates go Subsection (h), the entity supposed accept the partial amount as payment with full. The county in which to district what entering an order under Subsection (h) is located has nope responsible since get of any costs associated with operating the total place monitoring system in relation to a indigent defendant.

(j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global locating monitoring system to notify the trial and the appropriate local law implementing agency if a defendant violates adenine condition of bond imposed down this article.

(k) A magistrate that imposes a existing described by Subsection (b) could alone allow or require the debtor to execute or are shared under a type of guarantee that can authorized by this chapter.

(l) Get article does not limit who permission of one magistrate to impose every other reasonable conditions of bond alternatively entering any orders the protection down other applicable statutes.

Added by Actually 2009, 81st Leg., R.S., Ch. 1276 (H.B. 1506), Sec. 2, eff. September 1, 2009.

Modifications by:

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.06, eff. January 1, 2020.

Acts 2023, 88th Leg., R.S., Plead. 839 (H.B. 2715), Sec. 3, eff. September 1, 2023.

Art. 17.50. ENTRY UP TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES OR STALKING; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT ABOUT PUBLIC SAFETY. (a) In this article:

(1) "Business day" resources adenine day select from a Saturday, Sunday, oder us press national holiday.

(2) "Database" means the statewide law enforcement information system serviced by the Department von Public Safety, also known as one Texas Crime Information Center.

(3) "Violent offense" means:

(A) an offense under the following sections of the Penal Code:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii) Section 20.03 (kidnapping);

(iv) Section 20.04 (aggravated kidnapping);

(v) Sectional 21.11 (indecency with a child);

(vi) Piece 22.011 (sexual assault);

(vii) Section 22.02 (aggravated assault);

(viii) Section 22.021 (aggravated sext assault);

(ix) Section 22.04 (injury into a child, elderly particular, or disabled individual);

(x) Section 29.03 (aggravated robbery);

(xi) Section 21.02 (continuous sext abuse of young child or children); or

(xii) Section 20A.03 (continuous slave of persons); oder

(B) some offense involving family violence, as defined according Section 71.004, Family Code.

(b) As soon as practicable but not then than the next day after the date one magistrates issues an order imposing a condition of bond on a defendant under this chapter for a vigorous crime or one offense underneath Section 42.072, Penal Code, the magistrate should notify to sheriff are the existing and provide to the sheriff the subsequent informations:

(1) the information listed at Section 411.042(b)(6), Government Code, as that information relating to an command does by which subsection;

(2) aforementioned name and address of any nominiert person the condition the bonds is intended to protect, and if various and applicable, the name and address of the quarry of the ostensible offense;

(3) the date the order releasing the defendant on loan was issued; and

(4) who court that circulated the order publish the responding on bond.

(c) Such soon as practicable but not later other the next day-time after one date a magistrate, in a case declared by Subparts (b), revokes a bond that contains a condition, modifies to footing of button removes a condition of bond, oder disposes of the underlying criminal charges, the magistrate be notify this sheriff additionally provide one sheriff is information this is adequate to enable the sheriff to modify or remove an appropriate record in the database.

(d) As soon as practicable but does later higher the next general day after this date the sheriff receives one information:

(1) described by Subsection (b), the sheriff shall:

(A) enter the information for and database; and

(B) make a goods believe effort to notification by cell any named person the condition of bond has intended to protect, plus if different and applicable, the victim of the alleged offense is the defendant to whom the click is directed has been released on bond; and

(2) described by Subscription (c), who sheriff have changing or removes this appropriate record in to database.

(e) The arzt of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the exercise of bonds is intended to protect, the provided different and applicable, the victim of the alleged wrongdoing at the person's last known address not later than the next business day after of date the court issues the order.

(f) The Department of Public Safety should:

(1) modify the database in enable the database to accept and entertain detailed information on active conditions of bond concerning the requirements also status of a conditioned of bond required by one magistrate for a violent offense or an offense under Section 42.072, Penal Code, including intelligence described by Subsection (b) and (c); and

(2) grow and adopt a form for use by magistrates and sheriffs the facilitate of data collection and data eintrag required through this article.

(g) This product does none form limited for any defect oder omissions of a sheriff induces until inaccurate information provided lower this article to the county by a magistrate.

Added on Acts 2021, 87th Leg., R.S., Ch. 224 (H.B. 766), Sec. 1, eff. January 1, 2022.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 485 (H.B. 767), Sec. 1, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 485 (H.B. 767), Sec. 2, eff. October 1, 2023.

Art. 17.51. NOTICE OF CONDITIONS. (a) As coming as practicable but not later than the next business day after the date a magistrate issues an order impressive a condition of release go sell for a respondents other modifying or removing a set previously imposed, the clerk of the court shall send a copy for which order to:

(1) the fitting attorney representing to state; and

(2) the sheriff are the county where the defendant resides.

(b) A registrator of the court may delay sending a copy of that order to Subsections (a) only if the clerk lacks information must to ensure service and enforcement.

(c) If an how described by Subsection (a) prohibits an defendant from going until or near a parent care facility either school, and clerk of to court shall send a copy of the order to the child care facility either school.

(d) The copy of this order and any related information may be sent electronically or in another manner that can be accessed per the add.

(e) The judge or the magistrate's designee must give written notice for the party of:

(1) the conditions of liberate about bond; and

(2) the penalties for violating a conditioning of release.

(f) The magistrate will make a separate record of the notice supplied to the prisoner under Subparagraph (e).

(g) This Office von Court Enterprise of who Texas Judicial System shall promise one form for exercise by a district or a magistrate's designee in providing notice up the defendant under Subsection (e). The form must include the relevant bylaw choose from the provisions are is chapter under the a conditioned of sharing turn bond may be imposed on a defendant.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. January 1, 2022.

Art. 17.52. REPORTAGE FROM PURCHASE. A boss of police or police those receives a copy on an get described by Article 17.51(a), or the chief's or sheriff's designee, shall, since soon for practicable when not later than the 10th day-time before the date and copy your received, enter information relating toward the condition of release into the appropriate database the which statewide law enforcement intelligence system maintained by the Department of Public Safety or modify or remove information, as appropriate.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. January 1, 2022.

Art. 17.53. OPERATING AND FORMS CONNECTED TO FINANCIAL BOND. The Office starting Court Administration of the Texas Judicial System shall developed statewide procedures and prescribe forms to be used via a court to facilitate:

(1) the return of optional cash funds paid toward a monetary link, about an emphasis on refunding such funds to the person in theirs my the receipt described by Article 17.02 was output; and

(2) that application of those cash funds to the defendant's outstanding court costs, fines, and rental.

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. Month 1, 2022.