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ACCEPTANCE OF CASH IN LIEU OF BOND
Such members of the Police Department of the city as may from time to time be designated by the Chief of Police are hereby authorized to accept from persons arrested for misdemeanor offenses pending in the Municipal Court such sums of money in cash as shall, from time to time, be designated by the Judge of the Municipal Court in lieu of bail bonds, at the option of the accused person.
(1998 Code, § 70-61)
Statutory reference:
Bail and recognizance, authority to require or take, forfeiture in misdemeanors, see Tex. C.C.P. Arts. 23.14, 44.42, 44.43
Payable in money, see Tex. C.C.P. Art. 43.02
Right to bail, see Tex. C.C.P. Art. 1.07 and Constitution Art. I, § 11
Taking by arresting officer, see Tex. Code of Crim. Pro. Art. 23.14
Any member of the Police Department, pursuant to the authority granted by this subchapter, who shall accept money in cash from a person arrested for misdemeanor offenses shall issue to the person a receipt showing the date upon which the money is received and the sum thereof. The receipt shall likewise state the nature of the offense charged and the date and hour at which the case against the accused person shall be heard.
(1998 Code, § 70-62)
No member of the Police Department shall accept any money in cash or issue any receipt therefor unless and until he or she shall first procure an instrument in writing empowering him or her to enter a plea of guilty for the accused person should he or she fail to appear at the time stipulated in the receipt.
(1998 Code, § 70-63)
The Judge of the Municipal Court shall be custodian of all money received under authority of this subchapter. Any member of the Police Department who shall receive money in accordance with this subchapter shall surrender the money to the Judge of the Municipal Court as soon as possible after receiving the money, and in no event at a time later than that stipulated for the appearance of the accused person. The Judge shall execute a receipt for the money in such form as shall be prescribed by the City Attorney.
(1998 Code, § 70-64)
Should any person who has tendered money to a member of the Police Department under authority of the provisions of this subchapter fail to appear at the time stipulated, the sum of money deposited in lieu of bail bond shall be applied as a credit on any fine assessed by the Judge of the Municipal Court upon a hearing of the cause. Should the Judge find the accused person not guilty of the offense charged, the money shall be placed in safekeeping by the Judge and surrendered to the person so acquitted upon demand. Nothing in this section shall be construed as a limitation on the authority of the Judge of the Municipal Court to assess fines as he or she shall deem fit under the circumstances, and any money in excess of the amount of the fine shall be returned to the accused person upon demand. Should a fine in excess of the sum deposited be assessed, nothing in this section shall prevent recovery of the balance due from the accused person by due process of law.
(1998 Code, § 70-65)
ABANDONED, LOST OR UNCLAIMED PROPERTY
(A) The Chief of Police shall be the custodian of all abandoned, lost and unclaimed property which comes into the possession of any police officer or any city employee engaged in the cleaning or repair of streets or public places.
(B) The Chief of Police may delegate to any police officer designated by him or her the duty of storing and protecting the property and keeping suitable records thereof.
(1998 Code, § 70-91)
When the disposition of the lost, abandoned or unclaimed property is not otherwise governed by law or by order of a court, the Chief of Police shall surrender the property, if claimed, to any person known to be the owner, on producing satisfactory evidence of ownership or right to possession, upon payment of any proper fees owing to the city because of the city’s storage of the property. If the right of the claimant is not certain, the Chief may, in his or her discretion, require the claimant to give reasonable security for the return of the property or its value; and if there could be conflicting claims the Chief may request the Legal Department to file an interpleader suit.
(1998 Code, § 70-92)
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