(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. 17.13. (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. Acts 2005, 79th Leg., Ch. }\pard \fs24 1, Sec. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. }\pard \fs24 Art. PDF motion to amend conditions of bond - markstevenslaw.com Acts 2017, 85th Leg., R.S., Ch. __________________\par 318, Sec. ZDU\gKczBUWQUj Art. 11 (S.B. 4, eff. December 2, 2021. 5(a), eff. How to File for a Modification of Bond Conditions - WikiHow 1823), Sec. 17.23. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 298, Sec. 1005), Sec. September 1, 2021. 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. 17.40. 950 (S.B. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN 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, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. December 2, 2021. 2, eff. FURTHER DETENTION OF CERTAIN PERSONS. 593 (H.B. 1913), Sec. Texas Judicial Branch Self-Help. Sept. 1, 1987. (b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county. 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 (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. 17.024. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab \tab \tab OF __________COUNTY, TEXAS\par TIME GIVEN TO PROCURE BAIL. 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). Sept. 1, 1999. MOTION TO AMEND CONDITIONS OF BOND TO THE HONORABLE JUDGE OF SAID COURT: Joe Smith moves this Honorable Court to amend conditions of his bond to permit him to travel outside of Bexar County: I. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par Acts 2021, 87th Leg., R.S., Ch. (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. A defendant unable to make the bail set by the court might file a motion to modify in the hope of persuading the judge to set a lower bail. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. 2, eff. 17.51. 595, Sec. Motion To Modify Bond Conditions. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? 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. 1276, Sec. 11.20, eff. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. (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. 5.01(a), eff. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project {\*\cs1 \additive\f1\fs20 Plain Text;} Added by Acts 1977, 65th Leg., p. 1972, ch. Art. (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. Art. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par Subsec. 11 (S.B. }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440 Sept. 1, 1989; Sec. Sept. 1, 2003. 2.04, eff. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. WITNESS MAY BE COMMITTED. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . 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. This subsection expires May 1, 2023. If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. ]*z P T>3wc{-)G .*CqW. Amended by Acts 1989, 71st Leg., ch. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. (b) amended by Acts 1989, 71st Leg., ch. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. }{\plain \fs24 \*\cs1 AGREED AND APPROVED:\par (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. 3000), Sec. 1341, Sec. Motion for New Trial; Motion to Modify; Motion to Revoke Stay of License Suspension; Motion to Transfer; . (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. WHEN BAIL IS NOT GIVEN. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (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. How can I write a Motion to modify special conditions of bond? ( no 1, eff. 1263 (H.B. 2. the State Bar of Texas, Sheriffs' Association of Texas, Chief Deputies' Association of Texas, Texas Association of Counties, and the Texas Jail Association. PDF The State of Texas [] in The 46th Judicial Vs. [] District Court of 1, eff. period of one (1) year to expire on ____________________ pursuant to the request of the \softline Art. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. 11 (S.B. Amended by Acts 1987, 70th Leg., ch. 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. September 1, 2009. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). PDF 2019 Bail Bond Handbook Texas Association of Counties CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. (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. 1275), Sec. 17.441. View All /QuickLinks.aspx. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline . Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. Acts 1965, 59th Leg., vol. Added by Acts 1989, 71st Leg., ch. {\plain \fs24 \*\cs1 On the _______ day of __________________, 200___ , came to be heard the Probationer's Motion \softline (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or, (C) a judge or justice serving under Chapter 74, Government Code; and. 722. 17.09. (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. 1, Sec. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 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. The defendant shall attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse. The pretrial release conditions should be modified as follows: 4. 14.19, eff. Aug. 30, 1971. June 17, 2011. September 1, 2009. 2, eff. 11 (S.B. 17.48. Art. Sept. 1, 1999. Sept. 1, 1999. }\pard \fs24\sl480\slmult1 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. Acts 2021, 87th Leg., R.S., Ch. SURETIES SEVERALLY BOUND. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. 17.24. Jan. 28, 1997. 3692), Sec. }{\plain \fs24 \*\cs1 By: _______________________________ \par $x@ohzr7cp#`:B. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. 1047, Sec. September 1, 2005. Such affidavit shall be filed with the papers of the proceedings. POSTTRIAL ACTIONS. The citizenship status of the defendant shall be considered. }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. 17.29. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 (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. 1506), Sec. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. 1, eff. Added by Acts 2005, 79th Leg., Ch. 3 0 obj (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. 3, eff. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 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. 5, 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. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and. Added by Acts 1995, 74th Leg., ch. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. 1, eff. 17.42 by Acts 1991, 72nd Leg., ch. (3) the court defers final disposition of the case. (2) the penalties for violating a condition of release. Acts 2019, 86th Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 4), Sec. 2. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par 2, eff. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. September 1, 2017. 2. ]*z P T>3wc{-)G .*CqW. 1576), Sec. Art. }\pard \fs24 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. (a) A personal bond pretrial release office established under this article shall: (1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case; (2) update the record on a monthly basis; and. Art. Acts 2009, 81st Leg., R.S., Ch. 2 amended by Acts 1999, 76th Leg., ch. Subsec. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. Acts 2017, 85th Leg., R.S., Ch. 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. CHARITABLE BAIL ORGANIZATIONS. Sec. NOTICE OF CONDITIONS. Acts 2017, 85th Leg., R.S., 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. <> }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 7.002(f), eff. 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. 221 (H.B. Acts 2009, 81st Leg., R.S., Ch. 4, eff. The ability to make bail shall be considered, and proof may be taken on this point. 4, eff. 2767), Sec. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ 1412, Sec. 1 0 obj June 20, 1987. }{\plain \fs24 \*\cs1 Asst. 1 0 obj 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. 6), Sec. ordered the Probationer to pay a $______________ fine, $___________ court costs, and probation \softline 374, Sec. (b) amended by Acts 1999, 76th Leg., ch. 3060), Sec. 312, Sec. Added by Acts 2007, 80th Leg., R.S., Ch. PDF MC 308, Motion and Notice of Hearing Regarding Bond Modification endobj Appeals and Motions to Modify the Divorce Decree - FindLaw RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. CODE OF CRIMINAL PROCEDURE CHAPTER 17. BAIL - Texas 623, Sec. (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. May 23, 2015. Sept. 1, 2001. 654 (H.B. 4, eff. Sept. 1, 1999. The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. 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. 17.32. cause and amending the terms and conditions of probation.\par 3.06, eff. Art. 10, Sec. Free preview. 17.01. 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) requests the assistance of counsel, appointed or retained. }{\plain \fs24 \*\cs1 \par (a) amended by Acts 1995, 74th Leg., ch. 17.25. 965), Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\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.
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