(1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday.
(2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the 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) Section 21.11 (indecency with a child);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual assault);
(ix) Section 22.04 (injury to a child, elderly individual, or disabled individual);
(x) Section 29.03 (aggravated robbery);
(xi) Section 21.02 (continuous sexual abuse of young child or children); or
(xii) Section 20A.03 (continuous trafficking of persons); or
(B) any offense involving family violence, as defined by Section 71.004, Family Code.
(b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information:
(1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection;
(2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense;
(3) the date the order releasing the defendant on bond was issued; and
(4) the court that issued the order releasing the defendant on bond.
(c) As soon as practicable but not later than the next day after the date a magistrate, in a case described by Subsection (b), revokes a bond that contains a condition, modifies the terms of or removes a condition of bond, or disposes of the underlying criminal charges, the magistrate shall notify the sheriff and provide the sheriff with information that is sufficient to enable the sheriff to modify or remove the appropriate record in the database.
(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
(2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database.
(e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order.
(f) The Department of Public Safety shall:
(1) modify the database to enable the database to accept and maintain detailed information on active conditions of bond regarding the requirements and status of a condition of bond imposed by a magistrate for a violent offense, including information described by Subsections (b) and (c); and
(2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article.
(g) This article does not create liability for any errors or omissions of a sheriff caused by inaccurate information provided under this article to the sheriff by a magistrate.
Added by Acts 2021, 87th Leg., R.S., Ch. 224 (H.B. 766), Sec. 1, eff. January 1, 2022.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 17.01. Definition of "Bail"
Article 17.02. Definition of "Bail Bond"
Article 17.021. Public Safety Report System
Article 17.022. Public Safety Report
Article 17.023. Authority to Release on Bail in Certain Cases
Article 17.024. Training on Duties Regarding Bail
Article 17.025. Officers Taking Bail Bond
Article 17.026. Electronic Filing of Bail Bond
Article 17.027. Release on Bail of Defendant Charged With Felony Offense Committed While on Bail
Article 17.031. Release on Personal Bond
Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant
Article 17.04. Requisites of a Personal Bond
Article 17.045. Bail Bond Certificates
Article 17.05. When a Bail Bond Is Given
Article 17.0501. Required Training
Article 17.06. Corporation as Surety
Article 17.07. Corporation to File With County Clerk Power of Attorney Designating Agent
Article 17.071. Charitable Bail Organizations
Article 17.08. Requisites of a Bail Bond
Article 17.081. Additional Requisites of Bail Bond Given by Certain Defendants
Article 17.085. Notice of Appearance Date
Article 17.09. Duration; Original and Subsequent Proceedings; New Bail
Article 17.091. Notice of Certain Bail Reductions Required
Article 17.10. Disqualified Sureties
Article 17.11. How Bail Bond Is Taken
Article 17.12. Exempt Property
Article 17.13. Sufficiency of Sureties Ascertained
Article 17.14. Affidavit Not Conclusive
Article 17.141. Eligible Bail Bond Sureties in Certain Counties
Article 17.15. Rules for Setting Amount of Bail
Article 17.151. Release Because of Delay
Article 17.153. Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim
Article 17.17. When Surrender Is Made During Term
Article 17.18. Surrender in Vacation
Article 17.19. Surety May Obtain a Warrant
Article 17.20. Bail in Misdemeanor
Article 17.22. May Take Bail in Felony
Article 17.23. Sureties Severally Bound
Article 17.24. General Rules Applicable
Article 17.25. Proceedings When Bail Is Granted
Article 17.26. Time Given to Procure Bail
Article 17.27. When Bail Is Not Given
Article 17.28. When Ready to Give Bail
Article 17.29. Accused Liberated
Article 17.291. Further Detention of Certain Persons
Article 17.292. Magistrate's Order for Emergency Protection
Article 17.293. Delivery of Order for Emergency Protection to Other Persons
Article 17.294. Confidentiality of Certain Information in Order for Emergency Protection
Article 17.30. Shall Certify Proceedings
Article 17.31. Duty of Clerks Who Receive Such Proceedings
Article 17.32. In Case of No Arrest
Article 17.33. Request Setting of Bail
Article 17.34. Witnesses to Give Bond
Article 17.35. Security of Witness
Article 17.36. Effect of Witness Bond
Article 17.37. Witness May Be Committed
Article 17.38. Rules Applicable to All Cases of Bail
Article 17.39. Records of Bail
Article 17.40. Conditions Related to Victim or Community Safety
Article 17.41. Condition Where Child Alleged Victim
Article 17.42. Personal Bond Office
Article 17.43. Home Curfew and Electronic Monitoring as Condition
Article 17.44. Home Confinement, Electronic Monitoring, and Drug Testing as Condition
Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock
Article 17.45. Conditions Requiring AIDS and HIV Instruction
Article 17.46. Conditions for a Defendant Charged With Stalking
Article 17.47. Conditions Requiring Submission of Specimen
Article 17.48. Posttrial Actions
Article 17.49. Conditions for Defendant Charged With Offense Involving Family Violence
Article 17.51. Notice of Conditions
Article 17.52. Reporting of Conditions
Article 17.53. Procedures and Forms Related to Monetary Bond