CHAPTER 7. PROCEEDINGS BEFORE MAGISTRATES TO PREVENT OFFENSES - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 7. PROCEEDINGS BEFORE MAGISTRATES TO PREVENT OFFENSES

Art. 7.01. SHALL ISSUE WARRANT. Whenever a magistrate is

informed upon oath that an offense is about to be committed

against the person or property of the informant, or of another,

or that any person has threatened to commit an offense, the

magistrate shall immediately issue a warrant for the arrest of

the accused; that he may be brought before such magistrate or

before some other named in the warrant.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.02. APPEARANCE BOND PENDING PEACE BOND HEARING. In

proceedings under this Chapter, the accused shall have the right

to make an appearance bond; such bond shall be conditioned as

appearance bonds in other cases, and shall be further conditioned

that the accused, pending the hearing, will not commit such

offense and that he will keep the peace toward the person

threatened or about to be injured, and toward all others, pending

the hearing. Should the accused enter into such appearance bond,

such fact shall not constitute any evidence of the accusation

brought against him at the hearing on the merits before the

magistrate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.03. ACCUSED BROUGHT BEFORE MAGISTRATE. When the accused

has been brought before the magistrate, he shall hear proof as to

the accusation, and if he be satisfied that there is just reason

to apprehend that the offense was intended to be committed, or

that the threat was seriously made, he shall make an order that

the accused enter into bond in such sum as he may in his

discretion require, conditioned that he will not commit such

offense, and that he will keep the peace toward the person

threatened or about to be injured, and toward all others named in

the bond for any period of time, not to exceed one year from the

date of the bond. The magistrate shall admonish the accused that

if the accused violates a condition of the bond, the court, in

addition to ordering forfeiture of the bond, may punish the

accused for contempt under Section 21.002(c), Government Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1997, 75th Leg., ch. 773, Sec. 1, eff. Sept. 1,

1997.

Art. 7.04. FORM OF PEACE BOND. Such bond shall be sufficient if

it be payable to the State of Texas, conditioned as required in

said order of the magistrate, be for some certain sum, and be

signed by the defendant and his surety or sureties and dated, and

the provisions of Article 17.02 permitting the deposit of current

United States money in lieu of sureties is applicable to this

bond. No error of form shall vitiate such bond, and no error in

the proceedings prior to the execution of the bond shall be a

defense in a suit thereon.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.05. OATH OF SURETY; BOND FILED. The officer taking such

bond shall require the sureties of the accused to make oath as to

the value of their property as pointed out with regard to bail

bonds. Such officer shall forthwith deposit such bond and oaths

in the office of the clerk of the county where such bond is

taken.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.06. AMOUNT OF BAIL. The magistrate, in fixing the amount

of such bonds, shall be governed by the pecuniary circumstances

of the accused and the nature of the offense threatened or about

to be committed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.07. SURETY MAY EXONERATE HIMSELF. A surety upon any such

bond may, at any time before a breach thereof, exonerate himself

from the obligations of the same by delivering to any magistrate

of the county where such bond was taken, the person of the

defendant; and such magistrate shall in that case again require

of the defendant bond, with other security in the same amount as

the first bond; and the same proceeding shall be had as in the

first instance, but the one year's time shall commence to run

from the date of the first order.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.08. FAILURE TO GIVE BOND. If the defendant fail to give

bond, he shall be committed to jail for one year from the date of

the first order requiring such bond.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.09. DISCHARGE OF DEFENDANT. A defendant committed for

failing to give bond shall be discharged by the officer having

him in custody, upon giving the required bond, or at the

expiration of the time for which he has been committed.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.10. MAY DISCHARGE DEFENDANT. If the magistrate believes

from the evidence that there is no good reason to apprehend that

the offense was intended or will be committed, or that no serious

threat was made by the defendant, he shall discharge the accused,

and may, in his discretion, tax the cost of the proceeding

against the party making the complaint.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.13. WHEN THE DEFENDANT HAS COMMITTED A CRIME. If it

appears from the evidence before the magistrate that the

defendant has committed a criminal offense, the same proceedings

shall be had as in other cases where parties are charged with

crime.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.14. COSTS. If the accused is found subject to the charge

and required to give bond, the costs of the proceedings shall be

adjudged against him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.15. MAY ORDER PROTECTION. When, from the nature of the

case and the proof offered to the magistrate, it may appear

necessary and proper, he shall have a right to order any peace

officer to protect the person or property of any individual

threatened; and such peace officer shall have the right to summon

aid by requiring any number of citizens of his county to assist

in giving the protection.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.16. SUIT ON BOND. A suit to forfeit any bond taken under

the provisions of this Chapter shall be brought in the name of

the State by the district or county attorney in the county where

the bond was taken.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.17. LIMITATION AND PROCEDURE. Suits upon such bonds shall

be commenced within two years from the breach of the same, and

not thereafter, and shall be governed by the same rules as civil

actions, except that the sureties may be sued without joining the

principal. To entitle the State to recover, it shall only be

necessary to prove that the accused violated any condition of

said bond. The full amount of such bond may be recovered of the

accused and the sureties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.18. CONTEMPT. Violation of a condition of bond imposed

under this chapter is punishable by:

(1) forfeiture of the bond;

(2) imposition of the fine and confinement for contempt under

Section 21.002(c), Government Code; or

(3) both forfeiture of the bond and imposition of the fine and

confinement.

Added by Acts 1997, 75th Leg., ch. 773, Sec. 2, eff. Sept. 1,

1997.