If the defendant is charged with a felony, that it state that he is charged with a felony. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par Art. 1, eff. July 1, 1978. 17.031. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1967, 60th Leg., p. 1736, ch. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. 17.04. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. (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. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline 1, eff. 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. Amended by Acts 1995, 74th Leg., ch. }{\plain \fs24 \*\cs1 \par 298, Sec. 11 (S.B. 17.294. 982 (H.B. 737), Sec. Amended by Acts 1985, 69th Leg., Ch. {\plain \fs24 \*\cs1 \par 1, eff. Acts 2011, 82nd Leg., R.S., Ch. (a) To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community. Acts 2007, 80th Leg., R.S., Ch. (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. 2, p. 317, ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 2 0 obj {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ___________________________________\par \pard \fs24\qc (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. 17.40. (e) In this article, a person is considered to have been convicted of an offense if: (2) the person is placed on community supervision or receives deferred adjudication; or. 17.085. (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. 4. ZDU\gKczBUWQUj (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. 4, eff. 1113 (H.B. 11 (S.B. Art. September 1, 2005. Sec. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 23, Sec. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. The ability to make bail shall be considered, and proof may be taken on this point. Art. (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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par Acts 2007, 80th Leg., R.S., Ch. {\*\cs2 \additive Default Para;} <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . Added by Acts 1977, 65th Leg., p. 1972, ch. period of one (1) year to expire on ____________________ pursuant to the request of the \softline (5) the presiding judge or magistrate who authorized the personal bond. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par (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. 2767), Sec. (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. September 1, 2015. 3000), Sec. 232 (H.B. 658, Sec. RD . The judgment, among other terms and conditions, ordered Probationer \softline 17.25. Sec. (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. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 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. (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. Art. 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. Art. If you have been charged . CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. Sept. 1, 1989; Subsec. 2, Sec. Defendant requests permission to travel to Denver, Colorado. (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. Acts 2007, 80th Leg., R.S., Ch. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. 2499), Sec. September 1, 2017. Aug. 30, 1971. Acts 2019, 86th Leg., R.S., Ch. 1006, Sec. Probationer. (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. Commissioners Court session in progress. 1005), Sec. 8), Sec. {\plain \fs24 \*\cs1\b\ul AGREED MOTION TO MODIFY AND EXTEND\par {\rtf1\ansi \deflang1033\deff0{\fonttbl cause and amending the terms and conditions of probation.\par Sec. 736 (H.B. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. Added by Acts 2005, 79th Leg., Ch. an extension of probation.\par (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. September 1, 2015. Copyright 1999 2023 GoDaddy Operating Company, LLC. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par E-File Tips (PDF) Standing Order - Felony Bond Conditions. September 1, 2021. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: (1) 90 days from the commencement of his detention if he is accused of a felony; (2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days; (3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or. }{\plain \fs24 \*\cs1 \par Sec. }{\plain \fs24 \*\cs1 By: _______________________________\par (b) amended by Acts 1999, 76th Leg., ch. 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. 2, Sec. }{\plain \fs24 \*\cs1 AGREED AND APPROVED:\par 5, eff. 3692), Sec. 942, Sec. (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. 122 (H.B. {\*\pnseclvl9\pnlcrm\pnstart1} 1, eff. Subsec. 2, eff. 3, eff. Free preview Motion To Modify Bond Conditions Texas. (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. Art. ]Z(N (2) requests the assistance of counsel, appointed or retained. Acts 1965, 59th Leg., vol. 1506), Sec. Acts 2011, 82nd Leg., R.S., Ch. S>f. }{\plain \fs24 \*\cs1 By: _______________________________ \par (c-1) In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order. 3165), Sec. 2, p. 317, ch. "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. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. 3 0 obj (a) amended by Acts 2003, 78th Leg., ch. Added by Acts 1991, 72nd Leg., ch. December 2, 2021. 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. Added by Acts 2021, 87th Leg., R.S., Ch. (3) the magistrate demonstrates competency as provided by Subsection (b). (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 2, eff. (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. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. 17.39. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par Acts 2019, 86th Leg., R.S., Ch. (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. 11.20, eff. (3) include any information other than the information listed in Subsection (b). (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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par 3165), Sec. WHEN A BAIL BOND IS GIVEN. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline 2, eff. }{\plain \fs24 \*\cs1 \par An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. 3000), Sec. (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. 982 (H.B. 3060), Sec. ZDU\gKczBUWQUj (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. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. AFFIDAVIT NOT CONCLUSIVE. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline 779 (H.B. Sec. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. (a) amended by Acts 1995, 74th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. (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. II. 17.01. Sec. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. Renumbered from art. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. 17.24. 2.01, eff. 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. September 1, 2011. Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court.\par (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. 2, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1989. (2) a nonprofit corporation organized for a religious purpose. (b), (c) amended by Acts 2001, 77th Leg., ch. } RECORDS OF BAIL. (c) As soon as practicable but not later than the next day after the date a magistrate, in a case described by Subsection (b), revokes a bond that contains a condition, modifies the terms of or removes a condition of bond, or disposes of the underlying criminal charges, the magistrate shall notify the sheriff and provide the sheriff with information that is sufficient to enable the sheriff to modify or remove the appropriate record in the database. TIME GIVEN TO PROCURE BAIL. {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline Acts 2017, 85th Leg., R.S., Ch. 4, eff. 3. 1352 (S.B. Acts 2015, 84th Leg., R.S., Ch. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. September 1, 2019. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. 361 (S.B. That it be made payable to "The State of Texas"; 2. 2390), Sec. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) in compliance with the training requirements of Article 17.024. 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. 463 (H.B. 1573), Sec. (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. 4, eff. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. '@o`2!Y uh2dh2V ] 17.45. (T) Section 43.25 (sexual performance by a child). xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n }{\info{\title }{\author MD}{\operator MD} VSr}_}^.8ol92SA1; 0 wi]"q-=&)w146Yh*QZvjh#u:?ESJPyy\u{"_6Rmc^Z#h/-+bq8u217zIAdP[2yhh!C@[L#eOZOVs_6Gk = ncL!kT_[gg5ymZ/m}G +m4jjihswZ,M0o+_DkklX$q0!PAMk 74d>tEYZC|@,=:YrK*:0,?1h,@ CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. Art. (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. }{\plain \fs24 \*\cs1 [ADDRESS]\par Sept. 1, 1999. 1, eff. 593 (H.B. 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. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} Acts 2011, 82nd Leg., R.S., Ch. 14, eff. Sept. 1, 1991; Subsec. June 14, 2013. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. . }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Art. 12, eff. 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. (signature of defendant).". (a) amended by Acts 1999, 76th Leg., ch. Added by Acts 1995, 74th Leg., ch. 950 (S.B. January 1, 2008. 2299), Sec. 1, eff. 4.01, eff. 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 ). Reasonable time shall be given the accused to procure security. ]*z P T>3wc{-)G .*CqW. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? (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. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. 2.05, eff. (b) amended by Acts 1995, 74th Leg., ch. OFFICERS TAKING BAIL BOND. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 1352 (S.B. 1047, Sec. 1, eff. (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. '@o`2!Y uh2dh2V ] (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. {\plain \fs24 \*\cs1 \par {\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}} June 14, 1995. CHANGE OF ADDRESS OR . 194), Sec. 11 (S.B. Art. Sept. 1, 1995. (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. September 1, 2007. 1913), Sec. 722. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline (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. 3, eff. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. ELECTRONIC FILING OF BAIL BOND. Texas, on the _______ day of _______________, 200___.\par ]*z P T>3wc{-)G .*CqW. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. 11 (S.B. 17.027. 7.002(f), eff. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. SHALL CERTIFY PROCEEDINGS. Acts 2011, 82nd Leg., R.S., Ch. Art. 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). CORPORATION AS SURETY. 2(6), eff. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. WITNESS MAY BE COMMITTED. (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. (a) In this article: (1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond. 6), Sec. 6), Sec.
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