2014), Sec. {\plain \fs24 \*\cs1 \par (B) maintain a confidential record of the mailing address for use only by: (ii) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety; and. Art. 6), Sec. 346), Sec. 2, p. 317, ch. 17.024. (2) "Offense involving violence" means an offense under the following provisions of the Penal Code: (D) Section 20.04 (aggravated kidnapping); (E) Section 20A.02 (trafficking of persons); (F) Section 20A.03 (continuous trafficking of persons); (G) Section 21.02 (continuous sexual abuse of young child or disabled individual); (H) Section 21.11 (indecency with a child); (I) Section 22.01(a)(1) (assault), if the offense is: (i) punishable as a felony of the second degree under Subsection (b-2) of that section; or. 736 (H.B. bail bonds rules and regulations; motion to set bond sample; motion to modify bond conditions texas; out on bond rules; how long do bond conditions last; article 17.19 texas code of criminal procedure; felony bond conditions; what does bail type magistrate set mean 1. xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n (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. 697, Sec. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE (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 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. }{\plain \fs24 \*\cs1 \par 34, Sec. 1047, Sec. Acts 2011, 82nd Leg., R.S., Ch. To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. 807 (H.B. September 1, 2009. 17.45. 17.34. 17.30. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par "Modify" is simply another word for "change." 11 (S.B. 17.01. September 1, 2007. 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. June 20, 1987; Subsec. 1, eff. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. 1276, Sec. (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). How to Extend, Reinstate, Change, or Cancel a Protection Order (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. 5, eff. 2. 1. 1412, Sec. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. 11 (S.B. PDF Motion to Increase or Modify Bond Conditions - Texas District & County 5.001, eff. 982 (H.B. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par July 1, 1978. Art. Acts 2009, 81st Leg., R.S., Ch. 17.23. 3, eff. (c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest. The highlights include: Defendant's Motion To Modify Bond Conditions As Not In Best Interest Of Justice. Art. Acts 2009, 81st Leg., R.S., Ch. 1. amend the terms and conditions of probation in this cause and in support thereof would show the \softline 4, eff. 1576), Sec. 1005), Sec. 942, Sec. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). Sample California motion to vacate default judgment under ccp section 473 Judgment and decree Cpc final views Viewers also liked (20 Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par Amended by Acts 1985, 69th Leg., Ch. 2, eff. Art. (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. 1, eff. League City: (281) 346-9373. . 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. September 1, 2007. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. Current 109th Court Standing Orders. {\plain \fs24 \*\cs1 \par Art. Acts 2011, 82nd Leg., R.S., Ch. % Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent 3000), Sec. (b), (c) amended by Acts 1997, 75th Leg., ch. In the motion, you identify the condition you want changed and explain why. 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. 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 That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. Acts 2015, 84th Leg., R.S., Ch. 2.05, eff. 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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 }\pard \fs24 The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). {+E$aaCJXvF#_,Ag2CY++ 2 (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. 17.09. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> PDF 2019 Bail Bond Handbook Texas Association of Counties {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} 1, eff. 4, eff. September 1, 2007. }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline 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. Acts 2007, 80th Leg., R.S., Ch. (e) In determining whether to deny release on bail under this article, the judge or magistrate may consider: (2) the nature and circumstances of the alleged offense; (3) the relationship between the accused and the victim, including the history of that relationship; (4) any criminal history of the accused; and. 3000), Sec. Art. 743 (H.B. 221 (H.B. 1, eff. 1, eff. 221 (H.B. June 20, 2003; Subsec. 1, eff. Motion - Defendants motion to modify bond condition July 23, 2019 (i) amended by Acts 1999, 76th Leg., ch. 2, eff. September 1, 2017. AFFIDAVIT NOT CONCLUSIVE. Art. September 1, 2017. 1, eff. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. (b) amended by Acts 1995, 74th Leg., ch. P840 Art. stream 942, 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. Sept. 1, 2003. {\rtf1\ansi \deflang1033\deff0{\fonttbl Sept. 1, 1989; Sec. Amended by Acts 1987, 70th Leg., ch. 6), Sec. 2.02, eff. (d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. (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. 3. Acts 2007, 80th Leg., R.S., Ch. 3000), Sec. 601), Sec. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. Amended by Acts 1987, 70th Leg., ch. }\pard \fs24 1224 (H.B. 110 (S.B. All general rules in the Chapter are applicable to bail defendant before an examining court. CONDITION WHERE CHILD ALLEGED VICTIM. (13) Section 20A.03 (continuous trafficking of persons). If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 1070), Sec. 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. 374, Sec. Defendant will be traveling out of state due to employment purposes. Added by Acts 2005, 79th Leg., Ch. period of one (1) year to expire on ____________________ pursuant to the request of the \softline 785, Sec. (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. (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. 1070), Sec. 318, Sec. Buy now. September 1, 2005. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par Art. endobj {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} Art. Aaron A. Martinez JRachelle awasalam Memorandum in Support of the Motion JRachelle Conditions of release to follow and rules for getting out of jail and staying out of trouble. Amended by Acts 1997, 75th Leg., ch. 4, eff. ORDER ON STATE'S MOTION TO INCREASE BOND AND AMEND BOND CONDITIONS On this the _____ day of _____, 2019, the State's Motion to Increase Bond and Amend Bond Conditions was presented to the Court. (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. 6), Sec. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} Art. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. Acts 2011, 82nd Leg., R.S., Ch. June 17, 2011. 2499), Sec. 5, eff. 1352 (S.B. The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion, typically a motion for bond reduction to lower the bail needed. ]*z P T>3wc{-)G .*CqW. 3692), Sec. The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. This subsection expires May 1, 2023. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. Sept. 1, 1991; Subsec. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. Sec. }\pard \fs24 {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} The judgment, among other terms and conditions, ordered Probationer \softline }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 (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. 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. 8), Sec. ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline A defendant must obey bond conditions or risk being jailed again. 2, eff. }{\plain \fs24 \*\cs1 Asst. Art. January 1, 2016. 4. NOTICE OF APPEARANCE DATE. 2. 17.06. 17.152. Sec. (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. The citizenship status of the defendant shall be considered. (a) A magistrate may require as a condition of release on bond that the defendant submit to: (1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate; or. 6(a), eff. Order Setting Bond Amount & Conditions When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. SURETIES SEVERALLY BOUND. Added by Acts 1989, 71st Leg., ch. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. Acts 2017, 85th Leg., R.S., Ch. (c-1) Notwithstanding Subsection (c), a magistrate who is serving on April 1, 2022, is considered to be in compliance with Subsection (c)(1) if the magistrate successfully completes the training course not later than December 1, 2022. Art. PDF MC 308, Motion and Notice of Hearing Regarding Bond Modification CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. Travis County. 17.27. 17.293. NOTICE OF CONDITIONS. (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. (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. S>f. {\stylesheet{\fs20 \snext0 Normal;} (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. Dallas Texas Motion to Release Defendant and Set Reasonable Bond (b) amended by Acts 1989, 71st Leg., ch. 722. 2.04, eff. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. Aug. 26, 1991. offense of _____________. Aug. 28, 1989; Acts 1989, 71st Leg., ch. {\plain \fs24 \*\cs1 On the _______ day of __________________, 200___ , came to be heard the Probationer's Motion \softline 17.025. September 1, 2019. 2, Sec. DISQUALIFIED SURETIES. Sec. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. {\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}} (2) delivered to the office of the prosecuting attorney. Art. (a) amended by Acts 1999, 76th Leg., ch. DEFENDANT'S MOTION TO REVOKE ORDER OF DETENTION OF TEXAS U.S. MAGISTRATE JUDGE AND TO MODIFY BOND CONDITIONS The Defendant, Mr. Alex Harkrider, by and through his attorney Kira Anne West, files this appeal of his detention pursuant to 18 U.S.C. 11 (S.B. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released; and. 375), Sec. 17.08. September 1, 2013. 1, eff. (a) The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office. 1801), Sec. (f) To the extent that a condition imposed by an order for emergency protection issued under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for the duration of the order for emergency protection. (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. 17.294. }\pard \fs24 The pretrial release conditions should be modified as follows: 4. 17.17. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 1. (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. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. to Modify Terms and Conditions of Probation and for cause would show the Court as follows: ' Defendant, has been on bond since January 23, 2019. Latrelle Noss Mouton v. The State of Texas Appeal from 114th District 17.39. 17.081. IOQD }E+ @.T)n )`R>_#/:ldT1|t=](2 l< %0 0M(v1 =b (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. (d) amended by Acts 2003, 78th Leg., ch. (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. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? (3) the court defers final disposition of the case. 109th District Court of Texas. 6), Sec. Conditions of Bond in Texas - Georgetown Criminal Defense Lawyer 1064 (H.B. Free preview. September 1, 2019. (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. 6), Sec. 4, eff. September 1, 2009. Subsecs. 10, Sec. FURTHER DETENTION OF CERTAIN PERSONS. the State Bar of Texas, Sheriffs' Association of Texas, Chief Deputies' Association of Texas, Texas Association of Counties, and the Texas Jail Association. Amended by Acts 1991, 72nd Leg., ch. (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. September 1, 2015. September 1, 2019. June 18, 2003. }\pard \fs24\qc 17.141. September 1, 2017. 8, eff. 4, eff. A personal bond may be taken of a witness by the court before whom the case is pending. one (1) year.\par (b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. %PDF-1.7 September 1, 2017. 224 (H.B. (g) A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court.

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