1. POST COMMITMENT and POST BOND ISSUES HON. MARC H. NEWMAN JUSTICE OF THE PEACE WICHITA COUNTY (940)592-9388 MARC.NEWMAN@CO.WICHITA.TX.US

2. ATTORNEY OR SURETY OFF BOND CCP 17.16 – SURRENDER OF ACCUSED INTO CUSTODY, OR – AFFIDAVIT TO DA AND SHERIFF (NOT YOU) THAT ACCUSED IS IN CUSTODY ELSEWHERE. SHERIFF SHALL CONFIRM CUSTODY AND, IF CONFIRMED, SHALL NOTIFY MAGISTRATE AND PLACE A DETAINER. – UPON RECEIPT OF NOTICE OF VERIFICATION FROM THE SHERIFF, THE MAGISTRATE SHALL ISSUE A CAPIAS. – SURETY IS LIABLE FOR COSTS OF RETURNING ACCUSED.

3. ATTORNEY OR SURETY OFF BOND CCP.17.19 FOR GOOD CAUSE, SUPPORTED BY AFFIDAVIT – IF GOOD CAUSE IS SHOWN AND CASE IS PENDING BEFORE A COURT, JUDGE SHALL ISSUE A CAPIAS – IF PENDING BEFORE A MAGISTRATE, MAGISTRATE SHALL ISSUE A WARRANT OF ARREST. – IF THE JUDGE OR MAGISTRATE REFUSES TO ISSUE PROCESS AND THE ACCUSED SUBSEQUENTLY FAILS TO APPEAR, THE SURETY HAS AN AFFIRMATIVE DEFENSE TO ANY LIABILITY ON THE BOND.

4. BOND INSUFFICIENT, EXCESSIVE OR DEFECTIVE CCP 17.09 Sec 3 Art. 17.09. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL Sec. 3. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. When such bond is so given and approved, the defendant shall be released from custody.

5. CCP 17.09 CONTINUED CLAIM OR FINDING OF DEFECT OR OF INSUFFICIENCY MAY NOT REQUIRE A HEARING, DEPENDING ON CIRCUMSTANCES. – AN UNSIGNED BOND, WRONG CHARGE LISTED, WRONG COURT FOR APPEARANCE OR OTHER CLERICAL DEFECT. – INSUFFICIENCY MAY INVOLVE MORE THAN THE AMOUNT OF THE BAIL. CIRCUMSTANCES MAY INDICATE THE NEED FOR A BOND CONDITION. THIS MAY OR MAY NOT REQUIRE THE PRESENCE OF THE CA/DA BUT SHOULD ALWAYS INVOLVE GIVING THE ACCUSED AN OPPORTUNITY TO APPEAR. CLAIM OF EXCESSIVE BOND SHOULD BE HEARD IN OPEN COURT WITH STATE PRESENT OR GIVEN NOTICE.

6. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED CCP 17.091 STATE’S ATTORNEY MUST BE GIVEN NOTICE OF INTENT TO REDUCE BAIL, AND A HEARING IF REQUESTED IN CASES LISTED IN CCP 17.091 – PC 20A.03 CONTINUOUS TRAFFICKING OF PERSONS – CCP 62.001(5) (5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on: (A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code; (B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code; (C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually; (D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

7. CCP 17.091 CONTINUED (E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable: – (i) the judgment in the case contains an affirmative finding under Article 42.015; or – (ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age; (F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication; (G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); (H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), (J), or (K), but not if the violation results in a deferred adjudication; (I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication; (J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code; or (K) a violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code.

8. CCP 17.152 ASSAULT – FAMILY VIOLENCE, VIOLATION OF BOND CONDITION – (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: – (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or – (2) the safety of the community. – (c) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense. – (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: – (1) family violence; or – (2) an act in furtherance of an offense under Section 42.072, Penal Code. DENIAL OF BAIL FOLLOWING REVOCATION

9. DENIAL FOLLOWING REVOCATION CONTINUED CCP 17.153 CHILD VICTIM, VIOLATION OF BOND CONDITION (CAUTION: THIS LIST IS DIFFERENT THAN THE LIST OF CCP 17.41 OFFENSES) – (a) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: – (1) Chapter 21 (Sexual Offenses); – (2) Section 25.02 (Prohibited Sexual Conduct); – (3) Section 43.25 (Sexual Performance by a Child); – (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: – (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or – (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or – (5) Section 43.05(a)(2) (Compelling Prostitution).

10. DENIAL OF BAIL AFTER REVOCATION – CHILD VICTIM (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody.17.41

11. TRANSFER OF JURISDICTION SEVERAL OFFENSES HAVE MANDATORY BOND CONDITIONS WHICH MUST BE IMPOSED BY THE MAGISTRATE. NO SPECIFIC STATUTE COVERS HANDLING SUCH CASES FROM OUTSIDE JURISDICTION. ONE SOLUTION IS TO IMPOSE THE CONDITION AND THEN TRANSFER ENFORCEMENT DUTIES TO THE COURT IN WHICH THE CASE WAS ORIGINALLY FILED.

12. ORDER TRANSFERRING JURISDICTION As a condition of release on bond and in accordance with TCCP 17.40 and TCCP 17.441(mandatory condition), bond conditions were imposed under Magistrate’s Order on the 6 th day of June, 2013. The original charge having been filed in Haskell County, jurisdiction for the continuing bond condition and compliance supervision thereof are ORDERED transferred to the district Court of Haskell County, Texas.

13. RELEASE FROM OR MODIFICATION OF BOND CONDITION THIS CAN BE DONE AT FORMAL OR INFORMAL HEARING USING AUTHORITY OF CCP 17.40, CCP 17.09 Sec 3, OR OTHER APPLICABLE STATUTE. WHEN DEALING WITH MANDATORY BOND CONDITIONS, READ THE STATUTE LANGUAGE CAREFULLY. SEE CCP 17.41. TWO MANDATORY CONDITIONS HAVE “OPT-OUT” CLAUSES. EXAMINE THE CIRCUMSTANCES USING THE 3 PRONG TEST RULES – INSURE DEFENDANT APPEARS FOR TRIAL – VICTIM SAFETY – COMMUNITY SAFETY

14. RELEASE OR MODIFICATION, CONTINUED HABEAS CORPUS – HABEAS CORPUS IS AN EXTRAORDINARY WRIT SEEKING THE PROTECTION OF A COURT OF TRIAL JURISDICTION UNDER CLAIMS ALLEGING EITHER THAT THE CASE CANNOT GO FORWARD OR THAT THE ACCUSED IS BEING ILLEGALLY OR IMPROPERLY RESTRAINED IN HIS LIBERTY. – AN ACCUSED CAN BE ON BOND AND STILL BE IMPROPERLY RESTRAINED. – IF THE WRIT IS GRANTED, JURISDICTION OVER THE CASE TRANSFERRS TO THE TRIAL COURT.

15. HABEAS CORPUS, CONTINUED IF THE WRIT IS HEARD, THE PRESIDING JUDGE HAS 3 OPTIONS: – REMAND THE ACCUSED TO CUSTODY – ADMIT HIM TO BAIL – DISCHARGE THE ACCUSED IF THE TRIAL COURT ADMITS TO BOND, THEY WILL SET (AND BE RESPONSIBLE FOR) BOND CONDITIONS. THE CASE ONLY REMAINS IN JP/MAGISTRATE COURT IF THE TRIAL COURT REFUSES TO HEAR THE WRIT.

16. RELEASE FROM CUSTODY CCP Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED. – If the proper office of the county where the offense is alleged to have been committed does not demand the arrested person and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, the arrested person shall be discharged from custody. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 3, eff. June 15, 2007.

17. Art. 17.151. RELEASE BECAUSE OF DELAY Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. Sec. 2. The provisions of this article do not apply to a defendant who is: (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.

18. EX PARTE CHARLIE J. GILL, Appellant EX PARTE TOMMY JOHN GILL, Appellant Nos. PD-0596-13, PD-0624-13 Court of Criminal Appeals of Texas November 20, 2013 “Rowe v. State was the seminal case in which this Court interpreted the meaning of article 17.151. [13] In Rowe, we held that where it was undisputed that the State was not ready for trial ninety days after an accused's arrest, a judge had only two options under article 17.151: either release the accused upon personal bond or reduce the bail amount. [14] "If the court chooses to reduce the amount of bail required, it must reduce bail required to an amount that the record reflects an accused can make in order to effectuate release." [15]” [13][14][15] Rowe v. State, 853 S.W.2d 581 (Tex. Crim. App. 1993).

19. EX PARTE D’ANATE LEE SHAW NO. 02-12-00116-CR COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH 2012 SHAW WAS TAKEN INTO CUSTODY 09.01.12 ON THREE FELONY COUNTS. HE WAS INDICTED ON ONE COUNT WITHIN 90 DAYS. JANUARY, 2013 HE FILED FOR HABEAS CORPUS RELIEF AFTER HAVING HIS MOTION FOR RELEASE ON THE UNINDICTED CHARGES REFUSED. REFUSAL WAS BASED ON CCP 17.151 Sec 2 (2): being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; SECOND DISTRICT OVERTURNED THE TRIAL COURT (ACCUSED’S REQUEST FOR RELIEF WAS NOT IN HIS BEST INTEREST)

20. CHAPTER 32. DISMISSING PROSECUTIONS Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED. When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.