1224 (H.B. 3 0 obj Added by Acts 2021, 87th Leg., R.S., Ch. Art. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. 34 (S.B. 11 (S.B. (2) requests the assistance of counsel, appointed or retained. 424, Sec. 110, Sec. AFFIDAVIT NOT CONCLUSIVE. May 11, 2007. }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. (5) Section 43.05(a)(2) (Compelling Prostitution). 1, eff. 437 (H.B. (j) An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order by the magistrate or the magistrate's designee in person or electronically. 4, eff. 3 0 obj Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Art. (3) prohibiting the release of the information to the defendant. 2. (f-1), (f-2), (n) added and Subsec. (a) amended by Acts 1995, 74th Leg., ch. P %_;b. How to File for a Modification of Bond Conditions - WikiHow CHARITABLE BAIL ORGANIZATIONS. Subsec. 312, Sec. 6), Sec. be able to pay all amounts ordered by this Court.\par Such affidavit shall be filed with the papers of the proceedings. 2, eff. 17.42 by Acts 1991, 72nd Leg., ch. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], Acts 2019, 86th Leg., R.S., Ch. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par September 1, 2005. (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings. September 1, 2017. 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. September 1, 2005. 17.028. Acts 2019, 86th Leg., R.S., Ch. 4 (S.B. . 1005), Sec. 1, eff. 2, eff. (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. PDF motion to amend conditions of bond - markstevenslaw.com DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. 1298 (H.B. Motion - Defendants motion to modify bond condition July 23, 2019 The magistrate shall make a separate record of the service in written or electronic format. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. Acts 2007, 80th Leg., R.S., Ch. June 20, 1987. 17.05. }\pard \fs24\sl480\slmult1 September 1, 2009. Motion To Modify Bond Conditions. (a) Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year. 1276, Sec. 3000), Sec. __________________\par 3165), Sec. Art. What does a motion to modify bail? - Legal Answers - Avvo 1849), Sec. 12, eff. WHEN READY TO GIVE BAIL. 17.13. 2 0 obj (3) the court defers final disposition of the case. RECORDS OF BAIL. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par {\plain \fs24 \*\cs1 \par 17.17. Subsec. 3, eff. 11 (S.B. 1, eff. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. 17.46. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par Subsec. (d) amended by Acts 2003, 78th Leg., ch. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Acts 2021, 87th Leg., R.S., Ch. (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. 17.14. 17.12. 3, eff. SUFFICIENCY OF SURETIES ASCERTAINED. All general rules in the Chapter are applicable to bail defendant before an examining court. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 5. }{\info{\title }{\author MD}{\operator MD} Art. 3.08, eff. 4, eff. June 20, 1987; Subsec. A chief of police or sheriff who receives a copy of an order described by Article 17.51(a), or the chief's or sheriff's designee, shall, as soon as practicable but not later than the 10th day after the date the copy is received, enter information relating to the condition of release into the appropriate database of the statewide law enforcement information system maintained by the Department of Public Safety or modify or remove information, as appropriate. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. fees. Amended by Acts 1987, 70th Leg., ch. {\plain \fs24 \*\cs1\b II. 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. The review may be conducted by the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. (c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. 2, eff. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. 978 (H.B. Tarrant County Magistration | Arraignment | How Long to Make Bond? ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline {\plain \fs24 \*\cs1\b CAUSE NO. 6), Sec. 255 (H.B. 1, eff. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. Conditions of release to follow and rules for getting out of jail and staying out of trouble. Subsec. 87 (S.B. 658, Sec. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . The Court further finds that agreement has been reached between the parties whereupon the Probationer's terms and conditions of probation be modified by extending the term of probation for one (1) year. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. Added by Acts 2001, 77th Leg., ch. }{\plain \fs24 \*\cs1 \par View All /QuickLinks.aspx. 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. 324 (S.B. 3.01, eff. 11 (S.B. 1 0 obj September 1, 2007. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. 1064 (H.B. Sec. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par Sec. 1506, Sec. }{\plain \fs24 \*\cs1 [FIRM NAME]\par Added by Acts 1971, 62nd Leg., p. 2445, ch. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? Art. 1, eff. 437 (H.B. September 1, 2005. Added by Acts 2009, 81st Leg., R.S., Ch. (2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. Probationer. Art. (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. 346), Sec. 1, eff. }{\plain \fs24 \*\cs1 [FAX]\par }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 17.25. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline Sept. 1, 1999. Art. IT IS ORDERED that the followingStandard Felony Bond Conditions shall apply to any Bond posted by the . (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. January 1, 2016. September 1, 2011. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par 982 (H.B. 7.002(e), eff. 5.001, eff. 1, eff. 1506), Sec. PDF In the United States District Court for The District of Columbia United 17.021. Overview of Texas Bond Conditions | Neal Davis Law Firm, PLLC 1005), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par 942, Sec. You might also want to cancel the protection order completely. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Court the following:\par that the Court extend the period of probation heretofore ordered so that ____________________ , \softline (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. Art. PDF State of Texas Ignition Interlock Laws: A Policy Evaluation - county }\pard \fs24 DEFINITION OF "BAIL". The bond conditions are noted in triplicate with a copy that the accused signs. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. 23, Sec. Sept. 1, 1989; Sec. Art. . 3692), Sec. (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. Art. The judgment, among other terms and conditions, ordered Probationer \softline Answer Jury Summons. }\pard \fs24\sl480\slmult1 5, eff. (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. September 1, 2007. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 284(46), eff. Copyright 1999 2023 GoDaddy Operating Company, LLC. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. Acts 2007, 80th Leg., R.S., Ch. September 1, 2021. 17.34. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. (l) In the order for emergency protection, the magistrate shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the defendant. (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. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. September 1, 2021. 14.20, eff. 1, eff. (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence (d) amended by Acts 2003, 78th Leg., ch. EFFECT OF WITNESS BOND. 4, eff. Added by Acts 1977, 65th Leg., p. 1525, ch. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. 6), Sec. All Rights Reserved. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device 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; and. In this edition of Texas Criminal Forms, you receive new forms and practice tips, plus revised and/or updated coverage of the law, to help you navigate the issues that may arise at various stages of a criminal case. September 1, 2015. (T) Section 43.25 (sexual performance by a child). }{\plain \fs24 \*\cs1 \par (e) amended by Acts 2003, 78th Leg., ch. (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. Art. Art. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. 109th District Court of Texas. The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this article.
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