1113 (H.B. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. It is also a 1st-degree felony if the offense places a person in death or serious bodily injury. (signature of defendant).". First Degree Felony: The crimes of this . After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that: (1) the order as originally issued is unworkable; (2) the modification will not place the victim of the offense at greater risk than did the original order; and. (B) maintain a confidential record of the mailing address for use only by: (ii) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety; and. 3, eff. (B) involves violence directed against a peace officer. Which is Worse Aggravated Assault or Battery? September 1, 2021. 17.13. (f) amended by Acts 1991, 72nd Leg., ch. 5, 6 added by Acts 1995, 74th Leg., ch. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. The bail bond amount for this 2nd-degree felony will be closer to $50K. And that is why he takes the time to get to know each client before he agrees to represent them. General battery ( not causing great bodily harm) against an officer is charged as a third . Penal Code 12.21, 12.34, 22.05 (2022).) June 14, 1995; amended by Acts 1997, 75th Leg., ch. 4.03, eff. September 1, 2021. Aggravated robbery is when a robbery is committed and the defendant uses or exhibits a deadly weapon, or they cause bodily injury or threatens injury or death. September 1, 2019. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. (f) Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month: (3) the county in which the applicable charge is pending, if different from the county in which the bond was paid; and. Let's review some of the basics. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. 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. (2) promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. 1823), Sec. 1005), Sec. SURRENDER IN VACATION. 1276 (H.B. 108 (S.B. (f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. Resisting isnt considered a morally wrong offense or involve a victim. Amended by Acts 1999, 76th Leg., ch. September 1, 2017. 877), Sec. The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. September 1, 2005. 11 (S.B. 17.033. Acts 2005, 79th Leg., Ch. Amended by Acts 1985, 69th Leg., Ch. Sept. 1, 1999. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. Art. Added by Acts 2021, 87th Leg., R.S., Ch. 1228 (S.B. Acts 2021, 87th Leg., R.S., Ch. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. September 1, 2005. 2, eff. A bail bond amount for that will be on the lower side of about $1,000. Jan. 28, 1997; Subsec. Sec. 122 (H.B. 12.22 of the Texas Criminal Penal code states, An individual convicted of a Class B misdemeanor shall be punished by:(1) a fine not to exceed $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. Bail bond amounts for a Class B misdemeanor can range from $100-$8K depending on the offense. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 17.045. 17.51. Art. Sept. 1, 1997; Subsec. (d) amended by Acts 2003, 78th Leg., ch. 17.022. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. The bail bond amount can range from $5,000 to $250,000, depending on the county. (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. REPORTING OF CONDITIONS. For bonds, you're out a bare minimum of the 10% premium no matter what happens. 5. Consult our detailed data table on bail amounts to see specific charges and their bail amounts. The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings. Sept. 1, 1989; Sec. It can be enhanced to a state jail felony depending on where the false emergency is reported, with a bail bond amount that could be increased to $10K. 2, Sec. It also depends if it was a caregiver (in and out of facilities). June 17, 2011. Do Not Sell or Share My Personal Information. 2(6), eff. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). That includes charges of physically touching the victim or issuing a threat. (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. This offense could start at a Class C misdemeanor, and go all the way up to a 1st-degree felony (with every other charge in between). Added by Acts 1989, 71st Leg., ch. It can go all the way up to a 1st-degree felony (with every charge in between). If a delay occurs that will cause the review under Subsection (h) to be held later than 48 hours after the defendant's arrest, the magistrate or an employee of the court or of the county in 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. Lawsuits for Dangerous Drugs & Medical Devices. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. 346), Sec. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. May 19, 2011. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). September 1, 2015. Added by Acts 2021, 87th Leg., R.S., Ch. (b), (c) amended by Acts 1997, 75th Leg., ch. 17.25. June 17, 2011. Art. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. Acts 2021, 87th Leg., R.S., Ch. 4, eff. 7, eff. Unwavering Legal Defense for Your DWI Case 6. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. Those motions outline why bail should be lowered. (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. 2.02, eff. 11 (S.B. 593 (H.B. 736 (H.B. The bail bond amount can range from $3,000-$5,000. (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court. (a) A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. 4, eff. Acts 2007, 80th Leg., R.S., Ch. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. A third-degree felony conviction carries 2 to 10 years in prison and a $10,000 fine. This charge is enhanced when someone discharges a firearm at someone, making it a 3rd-degree felony. (b) amended by Acts 1999, 76th Leg., ch. If someone has a weapon near a school, this is going to be way more of a problem. (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. 17.49. Added by Acts 1999, 76th Leg., ch. (a) amended by Acts 1995, 74th Leg., ch. January 1, 2008. 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