New Restrictions Regarding Use of PR Bonds Go Into Effect December 2nd

 

Summary of New PR Bond Rules Effective December 2, 2021

I. Only the trial court judge over the criminal case may grant a PR bond when the Defendant is charged

with the following offenses under the Penal Code:

A.. is charged with an offense under section 30.02 (Burglary); or

B. is charged with an offense under section 71.02 (Engaging in Organized Criminal Activity).

II. A Defendant is not eligible for a PR bond if they are charged with the following violent offenses under

the Penal Code:

A. is charged with an offense under section 19.02 (murder);

B. is charged with an offense under section 19.03 (capital murder); 

C. is charged with an offense under section 20.03 (kidnapping);

D. is charged with an offense under section 20.04 (aggravated kidnapping);

E. is charged with an offense under section 20A.02 (trafficking of persons);

F. is charged with an offense under section 20A.03 (continuous trafficking of

  persons);

G. is charged with an offense under section 21.02 (continuous sexual abuse of young child or children);

H. is charged with an offense under section 21.11 (indecency with a child);

I. is charged with an offense under section 22.01(a)(1) (assault) if the offense is:

J. punishable as a felony of the second degree under Subsection (b-2) of that section; or

K. punishable as a felony and involved family violence as defined by Section 71.004, Family Code;

L. is charged with an offense under section 22.011 (sexual assault);

M. is charged with an offense under section 22.02 (aggravated assault);

N. is charged with an offense under section 22.021 (aggravated sexual assault);

O. is charged with an offense under section 22.04 (injury to a child, elderly individual, or disabled

individual);

P. is charged with an offense under section 25.072 (repeated violation of certain court orders or

conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent

assault, stalking, or trafficking case);

R. is charged with an offense under section 25.11 (continuous violence against the family);

S. is charged with an offense under section 29.03 (aggravated robbery);

T. is charged with an offense under section 38.14 (taking or attempting to take weapon from peace

officer, federal special investigator, employee or official of correctional facility, parole officer,

community supervision and corrections department officer, or commissioned security officer);

U. is charged with an offense under section 43.04 (aggravated promotion of

  prostitution);

V. is charged with an offense under section 43.05 (compelling prostitution); or

W. is charged with an offense under section 43.25 (sexual performance by a

  child).

III. A Defendant is not eligible for a PR bond if while released on bail or community supervision for an

offense involving violence (set out in Section II, above), the defendant is charged with a new offense

under the following provisions of the Penal Code:

A. Section 22.01(a)(1) (assault);

B. Section 22.05 (deadly conduct);

C. Section 22.07 (terroristic threat); or

D. Section 42.01(a)(7) or (8) (disorderly

  conduct involving firearm).

Tex. Code of Crim. Pro. art. 17.03 as amended by SB 6 (2021).    

To download a quick reference guide CLICK HERE.