BOND CONDITIONS

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BOND CONDITIONS

• Presented by
• Matthew A. King
• Municipal Judge, City of Keller
• Scott Kurth
• Municipal Judge, Cities of Red Oak De Soto
• Stewart Milner
• Presiding Judge, City of Arlington

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BOND CONDITIONSCode of Crim. Proc. Art. 17.00

• CCP 17.40- related to victim safety
• CCP 17.41- child victim
• CCP 17.43- home curfew
• CCP 17.44- home confinement and drug
  testing
• CCP 17.441- ignition interlock
• CCP 17.45 aids and HIV instruction
• CCP 17.46 - stalking offenses
• CCP 17.47- submission of specimen

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

• Any reasonable condition that
• is rationally related to securing the defendants
  presence at trial and,
• Provides reasonable protection for the victim and
  community
• Related to the safety of
• Victim
• Community

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Code of Crim. Proc. Art. 17.40

• Not necessary to relate directly to securing
  defendants 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)

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CCP 17.41- (Child victim)

• Charged with offense under Penal Code
• 21- Sexual offenses
• 22- Assault offenses
• 25.02- sexual contact
• 43.25-sexual performance

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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

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CCP 17.41- (Child victim)

• BAIL CONDITION ORDER - PURSUANT TO ART. 17.41
• THE COURT FINDS THE FOLLOWING
• That the alleged victim is a child twelve (12)
  years of age or younger and
• That the Charge against the Defendant is an
  offense under Chapter 22 and
• That the Defendant is eligible for bail in this
  case in the amount of 35,000.00 and that the
  additional conditions be imposed on said bail
  pursuant to Art. 17.41 of the Texas Code of
  Criminal Procedure.
• It is therefore ORDERED that in addition to any
  other conditions of bail imposed on the
  Defendant, that the Defendant abides the
  following conditions of bail
• That the Defendant not come within 300 feet of
  any residence of JOHN DOE, specifically 1018
  JODIE Drive, Arlington Texas 76001
• That the Defendant not come within 500 feet of
  the location of any child care provider for the
  child JOHN DOE,
• That the Defendant not have access, of any
  manner, to the child JOHN DOE, the alleged
  victim.
• It is further ORDERED that pursuant to Art. 17.41
  of the Texas Code of Criminal Procedure, that to
  the extent that a condition imposed under this
  article conflicts with an existing court order
  granting possession of or access to the alleged
  child victim, that the conditions imposed
  pursuant to this Bail Condition Order, prevail
  for a period of only 90 days from the date of
  the Magistrates signature.

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Internet Related Offenses

• IT IS ORDERED AND ADJUDGED, AND DECREED that the
  Defendant
• John Doe, comply with the following conditions of
  bond
• No contact with the complainant in this case
• No unsupervised contact with any child under 17
  years of age
• No working around children or supervising
  activities with children
• No children sleeping overnight at Defendants
  residence
• Not possess, own, distribute, purchase or view
  any book, publication or image in any form that
  depicts or displays simulated sex acts, or the
  nudity of adults or children.
• Not possess, own, or operate any computer at any
  location that has access to the internet.
• If internet access is required for employment
  purposes, the defendant shall be responsible for
  installing monitoring software designed to
  prohibit the viewing and receipt of images or
  text that is sexually oriented, and shall provide
  access to the community supervision and
  corrections department for their approval.
• Not possess, own, or operate any computer that
  has "wiping or washing software installed that
  is capable of destroying data or preventing
  forensic software from accessing viewed images,
  text or files that reside on any computer
  medium.
• Any violation of these conditions could result in
  the bond being held insufficient and a warrant
  for arrest issued.
• __________________________
• Judge/Magistrate

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You plan to release a person charged with a
misdemeanor offense on a personal bond. You want
to make sure he stays around his house and does
not get in further trouble, particularly in the
evening. What can you do?

• a. As a magistrate you can order a peace officer
  to watch his house in the evenings for the next
  few nights, OR
• b. You can issue a bail condition order that
  imposes a curfew on the defendant and requires
  him to wear an electronic monitoring device, OR
• c. None of the above.

Answer B. You can issue a bail condition order
that imposes a curfew on the defendant and
require him to wear an electronic monitoring
device.
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CCP 17.43- (Home curfew)

• Home curfew
• Only on personal bond
• Electronic monitoring by magistrate designated
  agency
• Costs paid for by defendant

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CCP 17.44- Home confinement and drug testing

• Home confinement
• Electronic monitoring
• Weekly drug tests
• Violations result in warrant
• Grant funds available to counties for electronic
  monitoring programs

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CCP 17.441- Ignition interlock
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You are reviewing a case for magistration
involving a female charged with boating while
intoxicated. You have been presented with her
criminal history that indicates a previous charge
for flying while intoxicated. Is there a bail
condition order that would or should apply?

• YES
• NO

ANSWER YES
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You are reviewing a case for magistration
involving a person charged with a DWI offense.
You are given information that he/she has been
charged with a DWI before but not convicted. Is
there any bail condition order that would or
should apply?

• YES
• NO

ANSWER YES
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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
• OR an offense under
• 49.07- Intoxication assault
• 49.08 Intoxication Manslaughter

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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

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CCP 17.441- Ignition Interlock

• Also
• Installed at defendants 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

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• CAUSE NUMBER 05-010001
• STATE OF TEXAS
• VS.
• John Doe
• Date of Birth12/15/62
• BAIL CONDITION ORDER
• Offense 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 Defendants
  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 630
  a.m. to 300 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 Milner

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You are reviewing a case for magistration
involving a first time charge of Driving While
Intoxicated. The report indicates he told the
arresting officers that he often drives drunk and
the arrest is not going to slow him down. He also
said he has nothing to lose, is an alcoholic,
likes getting drunk and has no one else to drive
him around. Is there a bail condition order that
could apply?

• YES
• NO

ANSWER YES
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CCP 17.441- Ignition Interlock

• Installed on boat?
• Installed on plane?
• What if defendant doesnt own a car?
• When would it be not in the best interest of
  justice?
• What about company owed vehicles?
• What if current case involves drugs only, no
  alcohol?
• 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

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CCP 17.441- Ignition Interlock
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CCP 17.441- Ignition Interlock
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CCP 17.45 Aids and HIV Instruction

• May require AIDS counseling or education or both
• Defendant must be charged with prostitution under
  Penal Code Section 43.02

24
You are reviewing a case for magistration
involving a defendant who is charged with
stalking. The victim calls you and explains she
is scared and does not know the defendant.Is
there a bail condition order you can issue to
prohibit the defendant from contacting the victim
in any manner?

• YES
• NO

ANSWER YES
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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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CCP 17.46 - Stalking Offenses

• Emergency Protective Order?
• Time limitations
• EPO -good for maximum 91 days
• Bond condition good until case is disposed, or
  otherwise released by Court

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As a magistrate you are reviewing a report of an
individual arrested for public intoxication to
determine if there was probable cause for the
arrest. You determine that there was probable
cause and put the case aside for arraignment.
The arresting officer comes in and advises that
he believes that the arrestee may be a suspect in
a series of rapes near the area where he was
arrested. Each of the rapes provided significant
evidence, but so far the investigation is
stymied. The officer has nothing other then a
hunch and some very vague inconsistent
descriptions to back up his belief. Is there a
bail condition order that could help resolve or
maybe even solve the rapes?

• YES
• NO

ANSWER YES
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CCP 17.47(b)- Submission of DNA Specimen

• Shall order DNA specimens
• When defendant has been indicted for
• Aggravated kidnapping w/ injury or sexual assault
• Indecency w/ a child
• Sexual assault and aggravated sexual assault
• Prohibited sexual conduct
• Burglary
• Compelling prostitution
• Sexual performance by a child
• Possession or promotion of child pornography
• ( offenses listed in section 411.1471 Government
  Code)

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CCP 17.47(b)- Submission of DNA Specimen

• Shall order DNA specimens
• When defendant has been arrested for
• Previously listed 411.1471 offenses and
• Been previously convicted of or has had deferred
  adjudication for one of the previously listed
  offenses

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CCP 17.47(b)- Submission of DNA Specimen

• Shall order DNA specimens
• When a defendant has been convicted of
• Public lewdness or
• Indecent exposure

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CCP 17.47(a)- Submission of DNA specimen

• Magistrate may require as a condition of release
  that the Defendant provide DNA sample for purpose
  of creating a DNA data base
• Does this mean that you can order DNA specimen on
  condition of release of bond when a person is
  arrested for any charge?

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CCP 17.47(a)- Submission of DNA specimen

• Texas Department of Public Safety
• Crime Lab CODIS MSC 0461
• PO Box 4143
• Call CODIS 512-424-2386
• www.txdps.state.tx.us/codis

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(No Transcript)
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