Texas CCP Article 17.50: Conditions of Bond Overview

Detailed information about the Conditions of Bond in Texas under Article 17.50 of the Code of Criminal Procedure (CCP). The content outlines the types of offenses covered, responsibilities of Magistrates, Sheriffs, and the Department of Public Safety (DPS), as well as the process for entry into the TCIC system. It also explains the notifications required and steps for data collection and entry into the system.

• Texas CCP
• Conditions of Bond
• Magistrates Notification
• TCIC Entry
• Criminal History

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1. TCIC Conditions of Bond Pam Pierce TCSO Central Warrants Office Manager TCSO Terminal Agency Coordinator TLETS/TCIC Associate Trainer 512 854-9854 pam.pierce@traviscountytx.gov

2. CONDITIONS OF BOND How did this happen? https://capitol.texas.gov/ Search Legislation, 87(1) 2021 Click on Bill Number, then insert HB 766 and SB 6 Impacts Texas CCP, Chapter 17

3. CONDITIONS OF BOND Texas CCP, Article 17.50 HB 766 For DPS effective 09/01/2021; for Local Agencies effective 01/01/2022. Defines entry into TCIC for cases involving violent offenses, as well as duties of Magistrates, Sheriff s and DPS. Definitions: Business Day means a day other than weekend, state or national holiday; Violent Offense is an offenses under certain sections of the Tx penal code

4. CONDITIONS OF BOND Texas CCP, Article 17.50 HB 766 Section 19.02 (murder) Section 19.03 (capital murder) Section 20.02 (kidnapping) Section 20.04 (aggravated kidnapping) Section 21.11 (indecency with child) Section 22.011 (sexual assault) Section 22.02 (aggravated assault) Section 22.021 (aggravated sexual assault) Section 22.04 (injury to child, elderly, disabled individuals) Section 29.03 (aggravated robbery) Section 21.02 (continuous sexual abuse of child) Section 20A.03 (continuous human trafficking) Any family violence offense as defined in Family Code Section 71.004

5. CONDITIONS OF BOND Magistrate notifies Sheriff of the conditions no later than the next day after issuance of the bond, upon any modification, or cancellation of the bond conditions. Specific information to accompany the Magistrates notification TCIC Conditions of Bond Data Collection Form ASAP but not later than the next business day after receipt of Magistrate s Information (including the TCIC Conditions of Bond Data Collection Form), Sheriff to enter into TCIC the Conditions of Bond record. Make a good faith effort to notify by phone anyone named as a protectee and/or the victim of the alleged offense that the defendant to whom the order is directed has been released on bond

6. PREPARING FOR ENTRY Query the state Driver License database and print the applicable results.

7. PREPARING FOR ENTRY Query the State and Federal Criminal History systems to determine if the person has been arrested/detained previously. Print the Criminal History Records applicable to the subject named in the Bond.

8. PREPARING FOR ENTRY Query TCIC/NCIC (ZW or QW or QBN) to see if your agency has an existing Conditions of Bond record for the subject.

9. TCIC CONDITIONS OF BOND RECORD ENTRY The below fields are specific to the agency, and the defendant named in the Bond itself.

10. TCIC CONDITIONS OF BOND RECORD ENTRY The below fields are specific to the subject of the bond (AKA Defendant). In accordance with Texas CCP, the defendant/subject s name and DOB must be shown on the Bond and/or TCIC Data Collection Form. Use the name shown on the bond to enter data into the Name (NAM) field. Use the DOB shown on the bond in your TCIC primary DOB field. Additional names and DOBs will be entered later as supplemental data.

11. TCIC CONDITIONS OF BOND RECORD ENTRY If the bond provides other demographic details, or numbers related to the subject/defendant, enter those into the appropriate fields of your primary record entry screen. If the bond does not other demographic details, or numbers related to the subject/defendant, refer to the Driver License and Criminal History responses you received (if any) and enter data into the appropriate fields of your primary record screen. If a conflict is found between the race shown on the warrant, the criminal history record(s) and driver license response, enter the race as U . Note: Where the DL system states the race is other , use either the race code from the CCH/III or enter U. Also, Hispanic is an ethnicity, not a race.

12. TCIC CONDITIONS OF BOND RECORD ENTRY The Place of Birth (POB) and Citizenship (CTZ) data will be derived from the Criminal History responses. If Texas CCH conflicts with NCIC III data, pick one using your best judgement. Example: If Texas CCH reads TE/US, and III reads TX/US, you will enter TX/US because there is not a state of the USA with the abbreviation (code) of TE. (TE= Spratly Islands in the South China Sea) Scars Marks and Tattoos (SMT) data will potentially be found on the Criminal History responses or from your own agency s previous booking information. For data listed in the TX or III responses, you will enter one on the initial Conditions of Bond screen. Others will be entered later during supplemental data entry.

13. TCIC CONDITIONS OF BOND RECORD ENTRY Bonds and/or the TCIC Data Collection form may have the Social Security Number (SOC) annotated. If not, and a Criminal History record was found for the subject, enter the number from that source. Your agency may have this type of information in other sources such as booking data. If more than one SOC is found, additional numbers will be entered later during supplemental data entry. Only enter information that is true and correct for the subject of your warrant. Example: The Social Security Administration will not issue a SOC of 111-11-1111. Bonds and/or the TCIC Data Collection Form may have the criminal SID# listed. Verify against any Criminal History record found for the subject. In either case, enter the number in the Miscellaneous Number (MNU) field as OA-TXnnnnnnn OR in the State ID# (SID) field via OpenFox Messenger.

14. TCIC CONDITIONS OF BOND RECORD ENTRY Bonds or the Data Collection Forms may reflect a Personal ID number issued by a state s Driver License entity. If not, and a Criminal History record was found for the subject that shows a DL or ID#, you can query that state s DL system, and where a Personal ID exists, enter the number from that source in the Miscellaneous Number (MNU) field as PI-nnnnnnnn, then add specific information to the MIS field similar to MNU/PI=Texas Issued Personal ID (or whatever state issued it). Only enter information that is true and correct for the subject of your entry. NOTE: For a while, Texas DPS re-issued driver license and personal ID numbers.

15. TCIC CONDITIONS OF BOND RECORD ENTRY There is no specific pattern defined by DPS or legislative action for the order of the actual Bond Conditions within the TCIC record. Your agency may specify an order, based on safety issues (either for the protectees/victims or for officers).

16. TCIC CONDITIONS OF BOND RECORD ENTRY Alien Registration and Military ID numbers are also entered into the MNU field. Data such as this will typically be found on the NCIC III criminal history response. It is likely where a State Issued Personal ID is known that you will want to enter that into the primary record field, adding the other identifiers as supplemental MNUs. This practice will be determined by YOUR agency. Example: Travis County SO- if there is a MNU/PI and a MNU/AR, enter the MNU/PI in the base record, and the MNU/AR in the supplemental data. An officer will typically ask for a form of photo ID during interaction rather than an Alien Registration document. As with other TCIC/NCIC person records, there can only be 9 supplemental MNUs. Texas CCH may contain numbers for licensed individuals within the state. Those are not eligible for entry into the TCIC/NCIC databases since you cannot query CCH using those numbers.

17. TCIC CONDITIONS OF BOND RECORD ENTRY FBI Number/UCN (FBI). Enter the FBI number reflected on the NCIC III Criminal History record response, if such a record is found. Where the Texas CCH and FBI responses do not reflect the other entity s number, send an email to error.resolution@dps.texas.gov asking for review for potential synchronization of the two databases. Examples: Texas CCH does not have an FBI number. NCIC III full rap sheet shows a Texas arrest, but does not list the Texas SID.

18. TCIC CONDITIONS OF BOND RECORD ENTRY Fingerprint Classification (FPC). Enter the data found on the criminal history response in the field named also FPC. There will be 20 characters- 2 for each finger. If FPC data exists within both the Texas CCH and NCIC III, your agency should have a policy stating which to enter into the warrant record. Example: Travis County SO uses the NCIC III FPC data. If there is no NCIC III FPC data, and there is FPC data in Texas CCH, enter the data from Texas CCH.

19. TCIC CONDITIONS OF BOND RECORD ENTRY Bonds may list the defendant/subject s driver license number or it could be listed on the TCIC Data Collection Form. After verification through a DL inquiry, enter the number into the OLN field, along with the issuing state and year of expiration, just as with warrants. Only enter Driver License and Airplane Pilot License Numbers into this field. A state issued personal ID is entered, as discussed previously, into the MNU field as PI-nnnnnnn. Texas DPS issues a DL Number or ID Number when a person begins the paperwork to request the form of identification. If the person does not successfully complete the process, there will be no year of expiration noted in the Texas DL system response. It s not a good number for data entry of a TCIC/NCIC record because it is not valid! Also, for a couple of years, DPS re- issued DL numbers.

20. TCIC CONDITIONS OF BOND RECORD ENTRY The Texas statute requires respondent address data. It should be entered as written on the Bond or TCIC Data Collection form. Caution should be exercised in entering the address shown on a DL system response. It is not stipulated on the TLETS return when the address data was last updated for the DL/ ID card.

21. TCIC CONDITIONS OF BOND RECORD ENTRY Some Bonds or the TCIC data collection form could contain vehicle information. Where that is the case, it should be entered into the TCIC record. Caution should be exercised in entering vehicle data where the vehicle is not registered to the warrant subject. Verify registration information via TLETS/Nlets queries.

22. TCIC CONDITIONS OF BOND RECORD ENTRY This portion of the record entry will include information regarding the primary victim named in the TCIC Data Collection Form. Follow the same concepts of data entry as exist for the Primary Protectee named in Protection Order processes.

23. TCIC CONDITIONS OF BOND RECORD ENTRY Where the full complete name does not fit into the name field, whether the name is the base record name or supplemental name, the entire complete name is to be entered in the MIS field. Example: Complete name = SUPERCALIFRAGILISTIC,MARY POPPINS Additional information may be entered into the MIS field that reflects the information shown on the Bond or TCIC Data Collection form that you were not able to enter into any other field. There are a few gotchas : Do not enter HIV related information. Periods are prohibited. The MIS field is only 500 characters.

24. TCIC CONDITIONS OF BOND RECORD ENTRY Where multiple names, DOBs, numerical identifiers, and SMTs are found during the preparatory research, that exceed the number of those items that TCIC will allow during supplemental record entry, the additional information is to be added within the MIS field. Below are the standards set for TCIC/NCIC person records. 99 Alias Names 9 Scars, Marks, Tattoos 9 Date of Birth 9 Owner License # 9 Miscellaneous # 9 Social Security # 10 Caution/Medical Conditions 9 License Plate Sets 9 Vehicle sets 9 Address sets 9 Citizenship 9 Image numbers

25. TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY Identify the record you are going to be adding information to. Use the OCA and the complete name as you typed it previously for the initial record entry.

26. TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY This information is specific to the Defendant: Screen shot continued: Additional data can be found in the Criminal History records, Driver License Records, and local agency information sources. Key up to 9 total data elements in one screen.

27. TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY Follow the same principles previously discussed for the entry of address and/or vehicle supplemental data. Remember Only enter information that is true and correct for the subject of your warrant.

28. TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY This information area is for adding any additional people shown as protected on the Bond or TCIC Data Collection Form. For multiple protectees/victims, and their address information, follow the same process as with protectees/victims named in Protection Orders.

29. TCIC CONDITIONS OF BOND RECORD SUPPLEMENTAL DATA ENTRY It is likely there will be more than one condition on the bond. This form and the Bond Conditions fields are the avenue for entry. There is no specific order in which to enter the conditions.

30. TCIC CONDITIONS OF BOND RECORD PROTECTED PERSON - SUPPLEMENTAL DATA ENTRY This information is for adding specific information for people shown as protected on the Bond or TCIC Data Collection Form. For multiple people, follow the same process as with Protectees named in Protection Orders.

31. WHAT COMES NEXT? REVIEW YOUR WORK

32. TCIC CONDITIONS OF BOND RECORD DATA ENTRY FINESSE Query your record using the QBN or ZW. Compare the Bond and TCIC Data Collection form to the TCIC record. Check the TCIC record to be sure it contains all appropriate/applicable data shown in TxCCH and NCIC III. Check the TCIC record to be sure it contains all appropriate/applicable data shown in Driver License System responses.

33. TCIC CONDITIONS OF BOND RECORD DATA ENTRY FINESSE Modify base record if needed using the transaction MBN. Using transaction ENBN, add additional information missed in the first round of supplemental data entry in the same manner described previously. Remove incorrect data (typos) using the XNBN transaction.

34. Pam Pierce TCSO Central Warrants Office Manager TCSO Terminal Agency Coordinator TLETS/TCIC Associate Trainer 512 854-9854 pam.pierce@traviscountytx.gov