2499), Sec. Acts 2013, 83rd Leg., R.S., Ch. Like a loan company, the bail bond service company requires that you secure the arrangement with some collateral, such as a car, house, or other property. 420 (S.B. Aug. 29, 1977. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or. Art. When someone needs help and you interfere with them making a 911 call, this is the charge that comes along with it. (k-1) A law enforcement agency may delay entering the information required under Subsection (k) only if the agency lacks information necessary to ensure service and enforcement. 11 (S.B. If a drug offense takes place in a drug-free zone, that will make your charge one level higher than it normally would be. Art. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. It is also a 1st-degree felony if the offense places a person in death or serious bodily injury. How much is bail for assault? 1352 (S.B. If a defendant can't afford an attorney, the court will appoint one. A capital felony includes espionage, treason, or premeditated murder. 17.091. Added by Acts 2021, 87th Leg., R.S., Ch. Art. When defendants cannot make bail, they can call a bail bond company. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. 595, Sec. January 1, 2020. Bail Info By State. Amended by Acts 1971, 62nd Leg., p. 3046, ch. September 1, 2005. 769 (H.B. It is extremely morally wrong. Acts 2021, 87th Leg., R.S., Ch. 11 (S.B. According to Title 1, Art. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with. And it will go after you and your collateral to get back the money it paid to the court. 3, eff. Amended by Acts 1987, 70th Leg., ch. 122 (H.B. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. Art. Art. Art. 2.02, eff. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. Art. In addition to the requirements of Article 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, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. 5.001, eff. 4, eff. The next level of felony offenses is the 3rd-degree felony. (d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. 610, Sec. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. 2, p. 317, ch. (5) the presiding judge or magistrate who authorized the personal bond. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. 17.0501. 1, eff. 1, eff. (b)(2) amended by Acts 1991, 72nd Leg., ch. Art. (i) amended by Acts 1999, 76th Leg., ch. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. 2299), Sec. 1, eff. 3692), Sec. The punishment according to Sec. 1080, Sec. 5, eff. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. 4, eff. First Degree Felony: The crimes of this . September 1, 2017. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. Greg Abbott prioritized changing how bail is set. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. This Class B offense can have a bail bond of upwards of $3,000 because it involves a victim, and it is morally wrong. This charge will have a bail bond amount closer to $50K. Sept. 1, 1995. September 1, 2007. If someone dies, it becomes a 2nd-degree felony, with a minimum bail bond of $20K. 17.465. 224 (H.B. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. (k) A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter. They can wait for trial at home. Added by Acts 2001, 77th Leg., ch. The company will post bail on the defendants behalf. Court orders are issued to protect victims of a crime, so when these orders are violated against someone, it is considered to be morally wrong. Amended by Acts 1987, 70th Leg., ch. (B) any offense involving family violence, as defined by Section 71.004, Family Code. The company can take legal action against the defendant to recoup its losses. 17.35. (d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days. 1490, Sec. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. (T) Section 43.25 (sexual performance by a child). Sept. 1, 1997; Subsec. Amended by Acts 1997, 75th Leg., ch. On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j). When this offense is a 3rd-degree felony charge, the bail bond amount will be closer to $20K. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. 2, eff. Any interaction that has physical contact that causes harm to the other person is considered assault. 3. 110 (S.B. Jan. 28, 1997; Subsec. 6), Sec. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. 1. September 1, 2009. The heinous nature against a child victim will have a bail bond amount as high as $500K. When such bond is so given and approved, the defendant shall be released from custody. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. So if possession of a controlled substance is normally a Class A misdemeanor, allegedly committing the offense in a drug-free zone would automatically bump it up to a state jail felony. 5, eff. This charge is enhanced to a state jail felony when someone is convicted two or more times. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. The witness in this case is part of an already pending case. (a) A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. Amended by Acts 1967, 60th Leg., p. 1736, ch. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. 3165), Sec. June 20, 2003; Subsec. (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. (d) amended by Acts 1999, 76th Leg., ch. 1, eff. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. 255 (H.B. January 1, 2022. 17.01 of the Texas Code of Criminal Procedure, bail "is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond." Bail bonds hold defendants accountable for making their court appearances. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. 3, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. Subsec. 736 (H.B. Bail is security (money or property) that a defendant (or someone on the defendant's behalf) posts with a court. Then the bail bond amount ranges from $1,000-$3,000. So, how much is bail for assault in Texas? 1, eff. NOTICE OF APPEARANCE DATE. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. June 17, 2011. September 1, 2009. SURETY MAY OBTAIN A WARRANT. Most jailhouses will readily provide inmates and suspected offenders with a local bail bondsman office. 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