XXIX. Misdemeanor Appeal Bond Conditions
Grady v. State, 962 S.W.2d 128 (Tex.App.-Houston [1st Dist.] 1997, pet. ref’d).
Courts have no authority to put conditions on misdemeanor appeal bonds that are not provided for by statute. In this case, the conditions that the defendant:
- submit to random UA;
- place interlock device on vehicle;
- home confinement;
- electronic monitoring were upheld.
Condition that he attend AA was held to be invalid.
Ex Parte Leverett, No. 05-05-01557-CR, 2006 WL 279388 (Tex.App.-Dallas 2006, no pet.) (not designated for publication).
The following conditions imposed on appeal bond after misdemeanor DWI conviction were held to be proper:
- Commit no offense against the laws of Texas or any other state or the United States;
- Consume no alcoholic beverages;
- Report in person to the pretrial release supervising officer (hereinafter “supervising officer”) of the Grayson County Community Supervision and Corrections Department, beginning on the date of this order, and one time per month thereafter;
- Pay a monthly supervisory fee in the amount of $20.00 to the Grayson County Community Supervision and Corrections Department;
- Remain within Grayson County, Texas, unless express permission to leave said county is granted by the supervising officer or by the Court;
- Submit a specimen of breath or blood as directed from time to time by the supervising officer for the detection of alcohol in the defendant’s body and pay any and all fees associated therewith;
- Operate no motor vehicle with any detectable amount of alcohol in the defendant’s body;
- Submit a specimen of breath or blood for analysis to determine the alcohol concentration in the defendant’s body upon the request of any peace officer as authorized by law;
- Have installed on the motor vehicle owned by the defendant, or on the vehicle most regularly operated by the defendant, an ignition interlock device, approved by the Texas Department of Public Safety, 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. Such device shall be installed on the appropriate vehicle, at the defendant’s expense, within 30 days from the date of this order;
- Provide proof of installation of such ignition interlock device to the supervising officer on or before the 30th day after the date of this order; and
- Operate no motor vehicle that is not equipped with an ignition interlock device.