(3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. Added by Acts 1999, 76th Leg., ch. 243 (S.B. 11, eff. He will never represent a bad person, only good people who got caught up in a bad situation. ACCUSED LIBERATED. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. RULES FOR SETTING AMOUNT OF BAIL. Amended by Acts 1987, 70th Leg., ch. 11 (S.B. 977 (H.B. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 45, eff. 2767), Sec. Sept. 1, 1999; Subsecs. 3.01, eff. 1275, Sec. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested. The bail bond amount could range from $10K-$30K depending on the level of the charge. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. 3751), Sec. 942, Sec. (b) In addition to imprisonment, an individual convicted of a felony of the third degree may be punished by a fine not to exceed $10,000. The bail bond amounts for a 3rd-degree felony can range from $10K-$20K. PROCEDURES AND FORMS RELATED TO MONETARY BOND. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 20, eff. September 1, 2017. May 11, 2007. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. 1006, Sec. This means that $2,000 case will be needed to bond out of jail. Sept. 1, 1989. 514, Sec. 601), Sec. (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. 2, eff. 90 (S.B. Defendants who post bail and then miss a court date forfeit their bail money. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. If the defendant doesn't show up as planned, the money or property (yours or the defendant's) can be forfeited and the defendant is subject to arrest, again. 361 (S.B. On Feb. 22, Judge Joseph Sciscento set bail at $3,000. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. (e) In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article. (b) In addition to imprisonment, an individual convicted of a felony of the second degree may be punished by a fine not to exceed $10,000. Bail bond amounts for a 2nd-degree felony can range from $15K-$50K. If someone has a weapon near a school, this is going to be way more of a problem. March 19, 1993. 17.081. 7, eff. (5) the magistrate finds, after considering all the circumstances, a pretrial risk assessment, if applicable, and any other credible information provided by the attorney representing the state or the defendant, that release on personal bond would reasonably ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. Court orders are issued to protect victims of a crime, so when these orders are violated against someone, it is considered to be morally wrong. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). 2767), Sec. 743 (H.B. 2, eff. 8), Sec. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. Subsec. The downside is sitting in jail. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. Art. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. The defendant is responsible for paying the company back. 17.465. September 1, 2015. 12.23 of the Texas Criminal Penal Code states, An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500. This charge will be enhanced to a 2nd-degree felony if the minor is under 14 years old. September 1, 2013. The bail bond amount for this can range from $15K-$50K. (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. 6), Sec. Acts 2009, 81st Leg., R.S., Ch. A capital felony includes espionage, treason, or premeditated murder. It can become enhanced to a 3rd, 2nd, or 1st-degree felony depending on the number of items obtained, possessed, transferred, or used. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. Penal Code 12.21, 12.34, 22.05 (2022).) June 16, 1991. 3, eff. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. 697, Sec. In exchange for posting bail, the defendant pays the company a bail premium. 2, p. 317, ch. 7, eff. Use of a deadly weapon that might result in imminent bodily injury to a family member or anyone in general; or in the worst-case scenario, death; Usually, the attackers use weapons like metal pipes, firearms, ropes, knives, rocks, etc. If this offense is charged in conjunction with a pending 1st-degree felony case, the tampering charge will be filed as a 1st-degree felony, the bail bond amount will be on the higher side, closer to $100K. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. Bail bond amounts for a Class B misdemeanor in this range from $1,000 $3,000. Acts 2011, 82nd Leg., R.S., Ch. June 17, 2005. Sec. September 1, 2011. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. Added by Acts 1977, 65th Leg., p. 1525, ch. 1506, Sec. 2.02, eff. Bail Bond Calculator - How Much of A Jail Bond Will You Pay. Art. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. 1298 (H.B. 11 (S.B. Acts 2011, 82nd Leg., R.S., Ch. Once that's completed, the defendant, or someone on the defendant's behalf, can post bail according to a bail schedule (assuming it's an option) without seeing a judge. 1, eff. Sept. 1, 2001; Subsecs. January 1, 2020. The bail bond amount can range from $1,000-$3,000. These Class A misdemeanor charges can have bail bond bonds ranging anywhere from $3,000-$7,000. Factors that can raise the amount of bail include: Courts can deny bail in some cases, often involving serious charges. (i) amended by Acts 1999, 76th Leg., ch. September 1, 2009. When this offense is a Class A, the bail bond amount will probably be on the higher side of around $5,000-$7,000 because a victim is involved, and this is a morally wrong offense. The bail bond amount can range from $3,000-$7,000. 346), Sec. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. 1146 (H.B. 6), Sec. 2, eff. (b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. The punishment according to Sec. Acts 2005, 79th Leg., Ch. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. 6), Sec. Depending on where weapons are being carried will depend on the seriousness of the charges and ultimately the amount of the bail bond. Acts 2019, 86th Leg., R.S., Ch. While many offenses may start out at a certain level, there could be some factors that would make it a higher charge, which is known as an offense being enhanced. (2) requests the assistance of counsel, appointed or retained. 1506), Sec. 978 (H.B. This charge can be enhanced, however, depending on the value of the motor vehicle. If the total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. A bail bond amount could range from $5,000-$10K when this offense is charged as a state jail felony. After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent misdemeanor. 1, eff. Art. Delivery charges are much more serious than possession charges, making the bail bond amounts much higher. If the magistrate does not set the defendant's bail in an amount below the amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of fact supporting the bail decision. However, this charge can be enhanced depending on how many addresses the mail was appropriated from and if there was any identifying information (which means potential victims). 4. Depending on the value of the claim, this charge can go all the way up to a 1st Degree Felony (with every other charge in between). 6), Sec. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 11 (S.B. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). For bonds, you're out a bare minimum of the 10% premium no matter what happens. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. Amended by Acts 1985, 69th Leg., Ch. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. Acts 2011, 82nd Leg., R.S., Ch. 3.10, eff. Because this charge isnt considered to be morally bad, and there is no victim, this 2nd-degree felony bail bond amount will be closer to $15K. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. Acts 2019, 86th Leg., R.S., Ch. Because this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 877), Sec. A bail bond amount for this charge will be closer to $3,000-$5,000. So, how much is bail for assault in Texas? PERSONAL BOND. 224 (H.B. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. The bail bond amount can range from $3,000-$5,000. Therefore this charge will have a bail bond range of $5,000-$15K depending on what is alleged in the probable cause affidavit. 17.46. It is enhanced to a state jail felony when previously convicted or when evading in a vehicle, putting it closer to an $8,000 bail bond amount. June 14, 1995; Acts 1995, 74th Leg., ch. Amended by Acts 1967, 60th Leg., p. 1736, ch. The bail bond amount in this case will range from $10K-$20K. 8), Sec. Jan. 1, 2002. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility. 910), Sec. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. This Class B misdemeanor harassment will have a higher bail bond amount of $3,000. 1005), Sec. 1, eff. Sept. 1, 1991. The bail bond in this instance would range from $15K-$50K. 17.38. Added by Acts 1993, 73rd Leg., ch. Art. It will be enhanced to a class A misdemeanor if someone has previously been convicted, if the victim is a child under 18 and commits suicide or gets hurt, or someone has previously violated a temporary restraining order or injunction. 17.19. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. SURRENDER IN VACATION. Acts 2021, 87th Leg., 2nd C.S., Ch. Missing a required court appearance can lead to bond being forfeited and kept by the court. According to Title 1, Art. 9, eff. 737), Sec. This serious charge can come with a bail bond amount upwards of $10K. 2, eff. Added by Acts 1985, 69th Leg., ch. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. This charge can also be enhanced depending on the amount of marijuana being delivered. 17.43. 17.10. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. 3. (f) Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month: (3) the county in which the applicable charge is pending, if different from the county in which the bond was paid; and. According to Sec. Acts 2015, 84th Leg., R.S., Ch. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. (2) the use or exhibition of a deadly weapon during the commission of an assault. 2, eff. O.R. (a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules: 1. Art. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. Art. June 17, 2011. (b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of: (2) the number of positions maintained for office staff; (3) the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and. Aug. 28, 1995; Subsec. As local officials shrink jail populations due to coronavirus, Texas Gov. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. 44, eff. (c) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. This separate charge will be one level degree higher than the alleged offense being committed. 5, eff. Texas Legislature 2021. 324 (S.B. If you have a total bail amount set and you are curious the fee you will need to pay the bail bond agent, use our bail bond calculator. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. It is enhanced to a 3rd-degree felony if the charge of the person who is being hidden is a felon or they have been previously convicted of a felony. (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. 17.48. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. (2) Section 25.02 (Prohibited Sexual Conduct). 4.01, eff. September 1, 2011. 1070), Sec. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. 1, eff. The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner. 2. Art. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. It is a 2nd-degree felony when someone engages with a person under 18. CORPORATION AS SURETY. January 1, 2022. This is also indecent exposure, and because this has a victim and is considered much more morally wrong, the bail bond amount will be higher, at about $3,000. Acts 2015, 84th Leg., R.S., Ch. (f-1), (f-2), (n) added and Subsec. Acts 2019, 86th Leg., R.S., Ch. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. This state jail felony bail bond amount could be even higher. 1, eff. The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. 17.44. 1, eff. DUI arrests don't always lead to convictions in court. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal. Tony Sun is a lawyer in Austin, Texas who defends people who get accused of doing something wrong. 17.027. September 1, 2017. What information do you need? A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. Acts 2021, 87th Leg., 2nd C.S., Ch. The company will post bail on the defendants behalf. He isn't addressing people stuck behind bars because they can't afford to pay. (j) amended by Acts 2003, 78th Leg., ch. January 1, 2008. This is a morally wrong offense committed against another person. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. 659, Sec. (b) amended by Acts 1995, 74th Leg., ch. 6), Sec. 2, eff. BAIL DECISION. 6), Sec. Acts 2021, 87th Leg., R.S., Ch. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. release doesn't cost anything but isn't a free pass; it still comes with strings attached. It can be enhanced to a state jail felony if there was an intention to harm someone else. Defendants can request a bail hearing by filing a motion for bond reduction or a writ of habeas corpus. (b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice. The schedule sets recommended amounts for bail for each type of criminal offense. 110 (S.B. The defendant and the defendant's sureties are not required to appear in court. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. (2) the penalties for violating a condition of release. Which is Worse Aggravated Assault or Battery? CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. RECORDS OF BAIL. Lic.# 0022. 3, eff. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. Acts 2009, 81st Leg., R.S., Ch. (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. The spread of COVID-19, or the coronavirus, has impacted bail. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. 424, Sec. 828, Sec. Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices. Acts 2011, 82nd Leg., R.S., Ch. 6. DISQUALIFIED SURETIES. Art. For assault with a deadly weapon, the bail is often around $25,000. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 6), Sec. 950 (S.B. When a victim is involved and because this is a morally wrong offense, the bail bond will be close to $100K. Acts 2011, 82nd Leg., R.S., Ch. A bail bond must contain the following requisites: 1. 722. The bail bond amount for this 2nd-degree felony will be closer to $50K. 1352 (S.B. June 17, 2011. If the defendant fails to appear when required, the bail bond company loses the full amount of the bail. This offense can be enhanced depending on the drug and the number of drugs. It can go all the way up to a 1st-degree felony (with every charge in between). Acts 2011, 82nd Leg., R.S., Ch. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. 17.34. 5, eff. 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. Assault with a firearm is often around $50,000. 17.26. 17.022. 11 (S.B. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. 3. Sept. 1, 1969. This bail bond amount will be closer to $10K in that case. The punishment according to Sec.12.21 of the Texas Criminal Penal Code states, An individual convicted of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. Acts 2021, 87th Leg., R.S., Ch. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. 768, Sec. 34 (S.B. The citizenship status of the defendant shall be considered. General battery ( not causing great bodily harm) against an officer is charged as a third . The estimated bail amount in such cases can be more than $500,000. Those motions outline why bail should be lowered. The heinous nature against a child victim will have a bail bond amount as high as $500K. (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. Web By Filane Mikee Cervantes February 17, 2020, 6:16 Pm. WITNESS MAY BE COMMITTED. It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. Sept. 1, 1991; Subsec. 17.292. 5(a), eff. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and.