(5) the presiding judge or magistrate who authorized the personal bond. Sept. 1, 1995; Subsecs. Added by Acts 1989, 71st Leg., ch. 14.19, eff. September 1, 2011. (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. and probation fees, but with an extension of one (1) year in the term of probation, the Probationer \softline 1913), Sec. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). January 1, 2022. 44, eff. 298, Sec. (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. Acts 2009, 81st Leg., R.S., Ch. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} January 1, 2020. September 1, 2009. 396, Sec. }{\plain \fs24 \*\cs1 \par be able to pay all amounts ordered by this Court.\par Art. {\*\pnseclvl9\pnlcrm\pnstart1} Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent's last known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure. Preview 743 (H.B. 6. % (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par June 17, 2011. 3, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 3060), Sec. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline 1. The court may waive the fee or assess a lesser fee if good cause is shown. (3) except as provided by Subsection (b), the following oath sworn and signed by the defendant: "I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.". Acts 2019, 86th Leg., R.S., Ch. 17.27. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence Amended by Acts 1991, 72nd Leg., ch. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 1, eff. Sept. 1, 1999. Art. 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. {\plain \fs24 \*\cs1\b\ul CERTIFICATE OF SERVICE}{\plain \fs24 \*\cs1 \par 4, eff. 1, eff. POSTTRIAL ACTIONS. 17.10. Acts 2005, 79th Leg., Ch. (b) The office shall provide for a method of certifying that a magistrate has successfully completed a training course required under this article and has demonstrated competency of the course content in a manner acceptable to the office. fees.\par BAIL IN FELONY. Reasonable time shall be given the accused to procure security. I am without means to pay ______ and I hereby request that an appropriate bail be set. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 17.025. (a) amended by Acts 1995, 74th Leg., ch. {\plain \fs24 \*\cs1\b\ul AGREED MOTION TO MODIFY AND EXTEND\par }\pard \fs24 {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. September 1, 2017. 109th District Court of Texas. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. How Do Bond Reductions Work in Texas? | Scott M. Brown (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. (3) include any information other than the information listed in Subsection (b). {\rtf1\ansi \deflang1033\deff0{\fonttbl 17.141. The review may be conducted by the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding. (b) amended by Acts 1999, 76th Leg., ch. 11 (S.B. 1146 (H.B. Renumbered from art. This subsection expires May 1, 2023. Acts 2021, 87th Leg., R.S., Ch. 2, eff. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. SURETIES SEVERALLY BOUND. ]Z(N 1562), Sec. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. 2, eff. 1, Sec. S>f. (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. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Added by Acts 1991, 72nd Leg., ch. }{\plain \fs24 \*\cs1 \par (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. 1488), Sec. __________________\par 1576), Sec. Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. Sec. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. June 20, 2003; Subsec. Art. 11 (S.B. NOTICE OF CONDITIONS. 1, eff. (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. Sept. 1, 1999. September 1, 2009. His . (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. The Defendant is charged with SNIVELING IN PUBLIC. (g) This article does not create liability for any errors or omissions of a sheriff caused by inaccurate information provided under this article to the sheriff by a magistrate. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. Motion To Modify Bond Conditions. 12, eff. (2) requests the assistance of counsel, appointed or retained. Art. 5. 255 (H.B. How can I write a Motion to modify special conditions of bond? ( no 1, eff. VSr}_}^.8ol92SA1; 0 wi]"q-=&)w146Yh*QZvjh#u:?ESJPyy\u{"_6Rmc^Z#h/-+bq8u217zIAdP[2yhh!C@[L#eOZOVs_6Gk = ncL!kT_[gg5ymZ/m}G +m4jjihswZ,M0o+_DkklX$q0!PAMk 74d>tEYZC|@,=:YrK*:0,?1h,@ }\pard \fs24 17.081. "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. (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). (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 1801), Sec. 1, Sec. S>f. The citizenship status of the defendant shall be considered. Added by Acts 1985, 69th Leg., ch. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. September 1, 2017. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 PDF Motion to Increase or Modify Bond Conditions - Texas District & County (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. 312, Sec. endobj 4, eff. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ 3.02, eff. 737), Sec. 20, eff. Art. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. A defendant must obey bond conditions or risk being jailed again. Aug. 29, 1977. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. III {\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}} A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined 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 under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. 623, Sec. endobj (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. Sec. 1, eff. League City: (281) 346-9373. . PDF JUSTICE COURT FORMS FOR CRIMINAL PROCEEDINGS - University of Mississippi Art. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . Examples of bond terms that a defendant may want to have changed during the case: Removal of a travel restriction that prevents the defendant from leaving the county Change to a no-contact order Deletion of a restriction on the use of electronic devices Added by Acts 2021, 87th Leg., R.S., Ch. 17.027. 877), Sec. (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county. 8), Sec. 11 (S.B. 351), Sec. LIVe1j`iASS^N/Q.m dE:En September 1, 2017. 610, Sec. 807 (H.B. September 1, 2015. Acts 1965, 59th Leg., vol. 318, Sec. Acts 2015, 84th Leg., R.S., Ch. 769 (H.B. September 1, 2011. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ (e) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the verification of the incarceration of the accused. (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. Art. 3, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 4), Sec. 437 (H.B. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. 7. {\plain \fs24 \*\cs1 \par 2, p. 317, ch. }{\plain \fs24 \*\cs1 \par 4, eff. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 (2) a two-hour continuing education course. Art. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. Art. 1, eff. June 14, 2013. September 1, 2017. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.7 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $22.42. DISQUALIFIED SURETIES. 1275), Sec. Each surety listed under this article must file annually a sworn financial statement with the sheriff. EXEMPT PROPERTY. }{\plain \fs24 \*\cs1 \par 1070), Sec. Motion To Amend Bond Conditions - US Legal Forms (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. stream Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided.