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Bail and Bonds TMCEC 32 Hour New Judges Program

A. There are more than 60 articles in the Texas Code of Criminal

Procedure that govern the subject of bail. The majority of these provisions are contained in Chapter ________.

B. “Bail” and “Bail Bonds” are not one and the same.

“Bail” is the ________________ (amount needed to) to reasonably ensure that an accused shall appear and answer before the proper court. (Art. 17.01) A “bail bond” is a _______________ undertaking entered into by the defendant that memorializes the defendant’s obligation to appear and answer before the proper court. (Art. 17.02)

C. There are two kinds of “bail bonds”

1. ____________________________________ (3rd party) 2. ____________________________________ (No 3rd

party surety involved)

Other specific bail bond statutes:

Art. 17.045 – Bail Bond Certificates Art. 17.05 – When a Bail Bond is Given Art. 17.06 – Corporation as Surety Art. 17.07 – Designation of Agent Art. 17.08 - Requisites of Bail Bond Art. 17.085 – Notice of Apparent Date (eff.

9/01/07) Art. 17.09 – Duration; Original and Subsequent

Appearance Art. 17.091 – Notice of Certain Bail Reductions

Required Art. 17.10 – Disqualified Sureties Art. 17.11 – How Bail Bond is Taken

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Art 17.13 - Sufficiency of Sureties Ascertained Art. 17.14 – Affidavit not Conclusive Art. 17.141 – Eligible Bail Bond Sureties in

Certain Counties

D. An alternative to a “bail bond” is a _________________ bond (Art. 17.03) which allows the defendant to accused to secure their release without:

1. _____________________________________ 2. _____________________________________ 3. _____________________________________ This kind of bond is also sometimes also referred to as: 1. _____________________________________ 2. _____________________________________

17.04 - Requisites of a personal Bond: 1) _______________ 2) _______________ 3) _______________ 4) _______________ 5) _______________ 6) _______________

E. However, there are certain instances where only the

_______________________(not a magistrate) may grant a personal bond. (Art. 17.03(b))

Also there are special rules governing

1) ______________offenses and 2) _____________________ defendants (Art. 17.032)

F. Unlike other states, Texas law does not authorize the use of

_____________________________ Bonds. (Art. 17.12)

G. Rules for Fixing Amount of Bail (Art. 17.15)

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Considering the Constitution and the following rules, bail shall be:

1. __________________ high to give reasonable assurance 2. not to be used as an _____________________________ 3. ________________________ of the offense 4. The _______________________ to make bail 5. Future safety of a _______________ and

__________________

G. Rules Regarding “Surrender”

Art. 17.17 – When Surrender is made During Term Art. 17.18 – Surrender in Vacation Art. 17.19 – Surety May Obtain a Warrant Art. 17.23 – Sureties Severally Bound

H. Timely Determination of Probable Cause for Certain Arrests, Art. 17.033:

When a person is arrest without a ________________________, a magistrate must determine the existence of probable cause:

Misdemeanors – within _______ hours of the persons arrest. If not, bail shall be $_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a)); unless, The arrest is in a county of 3 million or more then: within _______ hours of the persons arrest. If not, bail shall be $_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (effective 9-1-11). Felonies – within _______ hours of the persons arrest. If not, bail shall be $_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(b))

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Exceptions: 1. Application by _________________________. (Art.

17.033 (c)). 2. Delays related to _______________________

reasons. (Art. 17.033(d)) I. Provisions involving Law Enforcement and the Taking of Bail

Art. 17.20 – Bail in Misdemeanor Art. 17.21 – Bail in Felony Art. 17.22 – May take Bail in Felony

J. Specific Conditions of Bail

Art. 17.40 – Victim of Community Safety Art. 17.41 – Where Child is Alleged Victim Art. 17.43 – Home Curfew and Electronic Monitoring Art. 17.44 – Home Confinement, Electronic Monitoring & Drug

Testing Art. 17.441 – Ignition Interlock Devices Art. 17.45 – AIDS and HIV Testing Art. 17.46 – Conditions Related to Stalking Art. 17.47 – Requiring DNA Specimen Art. 17.49 – Conditions Related to Family Violence

K. Provisions involving Family Violence

Art. 17.291 – Further Detention of Certain Persons Art. 17.292 – Magistrates Orders of Emergency Protection Art. 17.293 – Delivery of Orders of Emergency Protection Art. 17.152- Denial of bail:

a) Violation of bond condition in family violence case b) After hearing by Judge or Magistrate c) Intent to commit family violence or stalking

Art. 17.153- Denial of bail of child victim younger than 14 years a) Violation of bond condition b) After hearing for victim or community safety c) Sexual offenses: conduct, performance, or trafficking,

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L. Provisions Relating to Securing Witness Appearance

Art. 17.34 – Witnesses to Give Bond Art. 17.35 – Effect of Witness Bond Art. 17.37 – Witness May be Committed

M. Other Administrative Provisions

Art. 17.24 – Rules Applicable Art. 17.25 - Proceedings when bail is Granted Art. 17.26 – Time Given to Procure Bail Art. 17.27 – When Bail is not Given Art. 17.28 – When Ready to Give Bail Art. 17.29 – Accused Liberated Art. 17.30 – Shall Certify Proceedings Art. 17.31 – Duty of Clerks Who Receive Proceedings Art. 17.33 – Requests Setting Bail Art. 17.38 – Rules Applicable to All Cases of Bail Art. 17.39 – Records of Bail

N. Chronological Illustrations of Various Bail Bond Applications in the Code of Criminal Procedure BAIL BOND

(CASH) BAIL BOND (SURETY)

PERSONAL BOND

Peace Officer taking Bail (Art. 17.20, Art. 17.21, Art. 17.22, CCP)

✔ ✔

NO

Magistrate Setting Bail prior to Formal Filing of Charging Instrument(Complaint, Information, Indictment) in Trial Court (Chapter 17 CCP)

✔ ✔ ✔

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Municipal Judge or JP Setting Bail after Plea of Not Guilty to Secure Appearance at Trial (Art. 45.016, CCP)

✔ ✔ ✔

Municipal Judge or JP Setting Bail for Purpose of Post Judgment Appeal (See, Art. 44.17, Art. 44.18 Art. 45.0425, Art. 45.0426, Art. 45.043, CCP) (for municipal courts of record see Sec 30.00015 Government Code)

✔ ✔ ✔

BAIL and BONDSPresented by:

Matthew A. King Tarrant County Criminal Magistrate

BAIL and BONDS

There are more than 60 articles in the Texas Code of Criminal Procedure that govern the subject of bail. The majority of these provisions are contained in Chapter ________.

“Bail” and “Bail Bonds” are not the same1. “Bail” is the ________________ (amount

needed to) to reasonably ensure that an accused shall appear and answer before the proper court. (Art. 17.01)

2. A “bail bond” is the ___________ document entered into by the defendant that that shows the defendant’s obligation to appear and answer before the proper court. (Art. 17.02)

Bail Bonds

There are two kinds of “bail bonds”

1. ___________________________

2. (3rd party)

3. ___________________________

4. (No 3rd party surety involved)

Bail Bonds

1. An alternative to a “bail bond” is a _________________ bond (Art. 17.03) which allows the defendant to accused to secure their release without:

2. ___________________________________

3. ___________________________________

Personal Bail Bonds Art. 17.03

This kind of bond is also sometimes also referred to as:

1. _____________________________

2. _____________________________

Requisites of Personal Bond

Art. 17.04

1. ___________________2. ___________________3. ___________________4. ___________________5. ___________________

6. ___________________

Personal Bail Bonds

However, there are certain instances where only the __________________(not a magistrate) may grant a personal bond. (Art. 17.03(b)

Personal Bail Bonds

Also there are special rules governing:

1. ____________offenses and

2. _____________ defendants (Art. 17.032)

Bail Bonds

Unlike other states, Texas law does not authorize the use of __________Bonds. (Art. 17.12)

Rules for Bail Amount Art. 17.15

Considering the Constitution and these rules, bail shall be:

1. _______high to give reasonable assurance

2. not to be used as an ___________________

3. _______________of the offense

4. ________ to make bond

5. Future safety of a ______and ____________

Timely Determination of Probable Cause, Art.17.033

When a person is arrested without a _________________, a magistrate must

determine the existence of probable cause:

Timely Determination of Probable Cause for Certain Arrests

Misdemeanors – within _______ hours of the persons arrest. If not, bail shall be

$_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a)), unless,

Timely Determination of Probable Cause for Certain Arrests

HB 1173 effective 9-1-11, for counties with population of 3 million or more

Misdemeanors – within _______ hours of the persons arrest. If not, bail shall be $_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a))

Timely Determination of Probable Cause for Certain Arrests

Felonies – within _______ hours of the persons arrest. If not, bail shall be $_____________. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(b))

Timely Determination of Probable Cause for Certain Arrests

Exceptions:

1. Application by _______________________. (Art. 17.033 (c)).

2. Delays related to ____________________ reasons. (Art. 17.033(d))

Specific Conditions of Bond

Art. 17.40 – Victim of Community Safety

Art. 17.41 – Where Child is Alleged Victim

Art. 17.43 – Home Curfew and Electronic Monitoring

Art. 17.44 – Home Confinement, Electronic Monitoring & Drug Testing

Art. 17.441 – Ignition Interlock Devices

Art. 17.45 – AIDS and HIV Testing

Art. 17.46 – Conditions Related to Stalking

Art. 17.47 – Requiring DNA Specimen

Art. 17.49 – Conditions of Bond Family Violence

Specific Conditions of Bond

Concentrate on most common:

Art. 17.40 – Victim and Community Safety

Art. 17.41 – Where Child is Alleged Victim

Art. 17.441 – Ignition Interlock Devices

Art. 17.46 – Conditions related to Stalking

Art. 17.49 – Conditions related to Family Violence

Code of Crim. Proc. Art. 17.40(Reasonable Condition)

Any reasonable condition that: is rationally related to securing the defendant’s

presence at trial; and,

Provides reasonable protection for the victim and community

Related to the safety of: Victim

Community

Code of Crim. Proc. Art. 17.40

Not necessary to relate directly to securing defendant’s presence in court

Sufficient if indirectly increases likelihood that defendant will appear

Rodriguez v. State (744 SW2d 361 (Tex. App.-Corpus Christi 1988, no pet)

1,292 people died in alcohol-related crashes in Texas in 2007

95% of adults who are classified as having alcohol dependence or abuse in the past year started drinking before age 213,467 15-20 year olds died in alcohol

related crashes in 2005.

DWI Bond Conditions

• MADD Requests Review Of Repeat Offender Fatality Case

• MADD 3/13/2009 12:00:00 AM• Contact: Misty Moyse, MADD National, 469-420-4558• DALLAS—July 24, 2009 --MADD has sent the attached

letter to the Texas Commission on Judicial Conduct requesting the review of an important case by Judge Jerry Buckner of Parker County. It appears that the law was not followed in requiring an alcohol ignition interlock for an extremely high BAC conviction of an offender who later was the driver in a fatal crash, again with an extremely high BAC. It also appears that this case is not an isolated one, but rather part of a larger pattern of judges not requiring interlocks for high BAC and repeat offenders, as mandated by Texas law.

You are reviewing a case for magistration involving a boating while intoxicated. The criminal history indicates a previous conviction for driving while intoxicated. Is there a bond condition order that would or should apply?

1. YES

2. NO

You are reviewing a case for magistration involving a DWI offense. You are given information that they have pending a DWI but no convictions. Is there any bond condition order that would or should apply?

1. YES

2. NO

You are reviewing a case for magistration person accused of operating the “Tilt –a-Whirl” at the local fair while intoxicated. The criminal history indicates a previous conviction for driving while intoxicated. Is there a bond condition order that would or should apply?

1. YES

2. NO

You are reviewing a case for magistration involving a boating accident that resulted in a passenger losing their arm. The investigation indicates the operator of the boat was intoxicated. Is there any bond condition order that would or should apply?

1. YES

2. NO

CCP 17.441- Ignition Interlock

Shall require when defendant charged with a subsequent offense under the Penal Code for: 49.04 - DWI 49.045 – DWI Child Passenger 49.05 – Flying 49.06 – Boating 49.065- Amusement rideOR an offense under: 49.07- Intoxication assault 49.08 – Intoxication Manslaughter

CCP 17.441- Ignition Interlock

Magistrate shall require on release that a defendant install a deep-lung breath analysis mechanism:

On the motor vehicle owed by or most regularly driven by the defendant, and

Defendant not operate any vehicle unless device installed

CCP 17.441- Ignition InterlockAlso:

Installed at defendant’s expense within 30 days after release on bond

Magistrate can designate agency to verify installation and monitor

Agency can receive monthly fee not exceeding $10 for monitoring

CAUSE NUMBER 05-010001STATE OF TEXASVS.John DoeDate of Birth12/15/62

BAIL CONDITION ORDEROffense Charged: Driving While Intoxicated

The Court finds that the defendant is eligible for bail in this case in the amount of $ 3,500 that the additional conditions be imposed on said bail. Accordingly, It is ORDERED that in addition to any other conditions of bail imposed on the Defendant, that the Defendant abide by the following conditions of bail:

That the Defendant have installed on the motor vehicle owned by the Defendant or on the vehicle most regularly driven by the Defendant, a device that uses a deep lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and That the Defendant not operate any motor vehicle unless the vehicle is equipped with that device.

IT IS FURTHER ORDERED that the Defendant is required to have the device installed on the appropriate motor vehicle, at the Defendant’s expense before the 30th day after the date the Defendant is released on bond.Tarrant County Pretrial Release Agency is designated as the agency which will verify installation of the device and will monitor it. The Defendant is ordered to report to Tarrant County Pretrial Release Agency, 100 North Lamar, Fort Worth, within 3 business days after being released from jail, between the hours of 6:30 a.m. to 3:00 p.m.. The Defendant shall pay a monitoring fee of $10.00 per month to Tarrant County Pretrial Release Agency.

Signed on 11/18/05.

Stewart MilnerMagistrate, Municipal Court of Arlington

( ) Given in Spanish _____. Arlington, TexasDEFENDANT’S ACKNOWLEDGMENTOn the above-mentioned date, I received a copy of this Bail Condition Order.

__________________________Defendant

CCP 17.441- Ignition Interlock Installed on boat?

Installed on plane?

What if defendant doesn’t own a car?

What about company owed vehicles?

What if current case involves drugs only, no alcohol?

17.441(b) When would it be not in the best interest of justice?

CCP 17.441- Ignition Interlock

Definition of vehicle:

Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation

On average, more than three women in the United States are killed by their husbands or boyfriends every day

(Bureau of Justice Statistics Crime Data Brief, February 2003)

More than 1,303 Texas women were killed by an intimate partner from 1998-2008

Texas Council on Family Violence

CCP 17.41- (Child victim)

May order defendant:

Not communicate with victim

Not go near a school, residence, or other location

May allow supervised visitation

Overrules any conflicts with other possession orders up to a 90 day limitation

CCP 17.46 - Stalking Offenses

May require Defendant not:

Communicate directly or indirectly with victim

Go near residence, school, or business

Must describe distances and locations

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Art. 17.49 CCPGPS as Condition of Bond

May order GPS as condition of bond GPS/ Electronic Receptor Device GPS Defendant location information Order Defendant pay costs of providing

victim a GPS receptor Victim may opt out after warnings

Victim may provide magistrate with list of “Off Limits” locations

Provision made for indigent defendants on sliding scale

Magistrate shall provide victim with police contact in case of violation

HB 1506 – GPS as Condition of Bond

From this screen you can see a large red shaded area on the right of the screen. This particular offender has the entire city of Arlington as an exclusion zone that he cannot enter. The green arrows show me the direction the

offender is traveling. Hold the mouse over a certain point & it shows the date and time the offender was at that location. If the offender was traveling outside of curfew

time the arrows and points would be red. Also, can zoom in and also view aerial photos.

The program allows to go back and view any date and time that may be in question.

“The great aim of education is not knowledge but action”

Herbert Spencer(1820-1903)

THANK YOU