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Art. 1228 (S.B. 11 (S.B. Such affidavit shall be filed with the papers of the proceedings. Acts 2017, 85th Leg., R.S., Ch. 697, Sec. Sept. 1, 1989. 2, eff. (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. 11 (S.B. (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. Added by Acts 1997, 75th Leg., ch. CHANGE OF ADDRESS OR . (j) amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 610, Sec. 930 (H.B. (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. 7, eff. 17.03. (4) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. Art. Art. (b) amended by Acts 1997, 75th Leg., ch. 17.033. III 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. 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. 1276 (H.B. 278 (H.B. Conditions of release to follow and rules for getting out of jail and staying out of trouble. January 1, 2020. }\pard \fs24 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. 7. 4. (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. Acts 2021, 87th Leg., 2nd C.S., Ch. 17.021. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ 17.25. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). Added by Acts 2021, 87th Leg., R.S., Ch. 768, Sec. 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. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par Added by Acts 1971, 62nd Leg., p. 2445, ch. 770 (H.B. 17.40. 1275, Sec. 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. Free preview. 3, eff. 284(57), eff. You might also want to cancel the protection order completely. SUFFICIENCY OF SURETIES ASCERTAINED. September 1, 2009. September 1, 2019. 4. View the latest COVID-19 information. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and. 1350 (H.B. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. }{\plain \fs24 \*\cs1 By: _______________________________\par }\pard \fs24\sl480\slmult1 {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 4, eff. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. 1, eff. Art. SURETIES SEVERALLY BOUND. 1263 (H.B. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System. Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. If you want to make changes or cancel the protection order, fill out the following form and file it in person (601 N Pecos) or by email ( tpocom@clarkcountycourts.us ). Art. }\pard \fs24\sl480\slmult1 Watch the live stream. Sept. 1, 2003. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. Sec. On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j). CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. Sec. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. ]*z P T>3wc{-)G .*CqW. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. 17.293. September 1, 2005. (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. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. TRAINING ON DUTIES REGARDING BAIL. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 1, Sec. 255 (H.B. 17.153. 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. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par 2, eff. (f-1) A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System. 17.028. December 2, 2021. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. Art. 2730), Sec. 1, eff. 17.32. Sept. 1, 1995. ZDU\gKczBUWQUj September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par P %_;b. Sept. 1, 1997; Subsec. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). 942, Sec. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. (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. (a) 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 $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. 1849), Sec. markstevenslaw.com/wp-content/uploads/2019/05/9bad2725-7686-403c-a942-6b49d73e4c11motion-to-amend-conditions-of-bond.pdf, Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_6) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/15.5 Safari/605.1.15. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par (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. 13, eff. {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc RD . 2, p. 317, ch. (b) Only the court before whom the case is pending may release on personal bond a defendant who: (1) is charged with an offense under the following sections of the Penal Code: (B) Section 71.02 (Engaging in Organized Criminal Activity); (2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or. (f-1), (f-2), (n) added and Subsec. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ (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. 737), Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. 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 2. 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. 2767), Sec. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE Probationer's terms and conditions of probation be modified by extending the term of probation for \softline Sec. Art. }\pard \fs24\qc Free preview Motion To Modify Bond Conditions Texas. Acts 2021, 87th Leg., 2nd C.S., Ch. The solution is to seek a modification of the bond terms. 0_b (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. The judgment, among other terms and conditions, ordered Probationer \softline (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. {+E$aaCJXvF#_,Ag2CY++ 2 Sec. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses. September 1, 2011. {\plain \fs24 \*\cs1 \par BAIL IN FELONY. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. 17.17. Acts 2015, 84th Leg., R.S., Ch. June 17, 2005. Acts 2017, 85th Leg., R.S., Ch. 17.024. Amended by Acts 1989, 71st Leg., ch. The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. (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. 1178), Sec. 1, eff. A motion needs to be filed with the court and served on the prosecutor to change the conditions of the bond from no contact to no violent contact. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T Access from your Country was disabled by the administrator. (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. 570), Sec. Aug. 28, 1967. Art. Art. 5, eff. Added by Acts 2001, 77th Leg., ch. PDF Motion to Increase or Modify Bond Conditions - Texas District & County 1038 (H.B. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. Added by Acts 1999, 76th Leg., ch. September 1, 2011. 3, eff. }{\plain \fs24 \*\cs1 State Bar No. PDF In the United States District Court for The District of Columbia United In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. May 19, 2011. 769 (H.B. }{\plain \fs24 \*\cs1 \par Some conditions of bond will not surprise you no drug use, faithfully work at suitable employment, remain in Texas, regularly report to your probation officer, and notify probation of any address change. 1, Sec. LIVe1j`iASS^N/Q.m dE:En Sept. 1, 1989. (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. Added by Acts 1985, 69th Leg., ch. '@o`2!Y uh2dh2V ] endobj (e) A defendant who is denied bail or who is unable to give bail in the amount required by any bail schedule or standing order related to bail shall be provided with the warnings described by Article 15.17. 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. (d) amended by Acts 1999, 76th Leg., ch. 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. }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par 122 (H.B. January 1, 2020. Subsec. (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. 3, eff. 601), Sec. 17.023. I am without means to pay ______ and I hereby request that an appropriate bail be set. (b) This article may not be construed to extend any deadline provided by Article 15.17. Acts 2009, 81st Leg., R.S., Ch. 785, Sec. 3.09, eff. 1, eff. 1823), Sec. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. }\page Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. }{\plain \fs24 \*\cs1 \par 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. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.". {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. 4. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Buy . Sec. Sept. 1, 1993. }\pard \fs24

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