2.04, eff. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. 34 (S.B. (f-1), (f-2), (n) added and Subsec. (2) the use or exhibition of a deadly weapon during the commission of an assault. }\pard \fs24\sl480\slmult1 {\*\pnseclvl9\pnlcrm\pnstart1} 1263 (H.B. (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. (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. Sept. 1, 1985. amend the terms and conditions of probation in this cause and in support thereof would show the \softline 11 (S.B. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . P840 Art. (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. Defendant requests permission to travel to Denver, Colorado. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ 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. 17, eff. Whereas this Court having considered the DEFENDANT'S MOTION FOR THE APPOINTMENT OF AN ATTORNEY, along with the DEFENDANT'S AFFIDAVIT OF SUBSTANTIAL HARDSHIP and any sworn testimony by the DEFENDANT to this Court regarding the DEFENDANT'S financial resources, and having advised the DEFENDANT of the penalties for perjury under section 97-9-61 of 671 (S.B. (b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. Robert is always willing to consult with county officials concerning bail bond issues and any other legal issue impacting counties, sheriffs, and other county officials or employees. }\pard \fs24 Sec. January 1, 2022. (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. (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. Sept. 1, 1989; Sec. In the motion, you identify the condition you want changed and explain why. Art. 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. 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. (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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 1276 (H.B. ZDU\gKczBUWQUj 722. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. Page 1 / 2. endobj 20, eff. 2.09, eff. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. (d) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. 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. 2, p. 317, ch. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. 8), Sec. Art. Added by Acts 1969, 61st Leg., p. 2033, ch. ]Z(N 8), Sec. }{\plain \fs24 \*\cs1 Asst. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline 3. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (5) Section 43.05(a)(2) (Compelling Prostitution). (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. 3. (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. PDF Attorney General of Texas 1326), Sec. ORDER SETTING BOND AMOUNT & CONDITIONS . 1849), Sec. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. Sec. 6(a), eff. 221 (H.B. Conditions of bond in Texas and your criminal case. (d) amended by Acts 2003, 78th Leg., ch. Amended by Acts 1997, 75th Leg., ch. Seeking a Modification of Bond Terms in a Criminal Case 14, eff. (i) amended by Acts 1999, 76th Leg., ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par WITNESSES TO GIVE BOND. 20, eff. GENERAL RULES APPLICABLE. Sept. 1, 1999. }{\plain \fs24 \*\cs1 State Bar No. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE reopen a prior custody hearing. (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. Acts 2019, 86th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 [FIRM NAME]\par 90 (S.B. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. }{\plain \fs24 \*\cs1 By: _______________________________\par <> The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. endobj }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. Art. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney\par {\plain \fs24 \*\cs1 \par Amended by Acts 1987, 70th Leg., ch. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. Art. 2, eff. 1146 (H.B. 4, eff. Acts 1965, 59th Leg., vol. January 1, 2022. }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline 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 ). (2) Section 25.02 (Prohibited Sexual Conduct). Art. September 1, 2019. Aug. 28, 1989; Acts 1989, 71st Leg., 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. 1047, Sec. The Defendant is charged with SNIVELING IN PUBLIC. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. Aug. 28, 1967. }\pard \fs24 Acts 2013, 83rd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. S>f. Acts 2017, 85th Leg., R.S., Ch. 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. (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. (a) amended by Acts 1995, 74th Leg., ch. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. September 1, 2015. 318, Sec. 11, eff. {\plain \fs24 \*\cs1 \par 1, eff. 232 (H.B. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. 14.20, eff. III 3.10, eff. 4 0 obj Acts 2021, 87th Leg., R.S., Ch. <> (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. (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. Sec. All general rules in the Chapter are applicable to bail defendant before an examining court. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. 17.43. (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. 3, eff. Acts 2017, 85th Leg., R.S., Ch. July 1, 1978. Acts 2005, 79th Leg., Ch. 14, Sec. 3, eff. (a) Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. {\*\cs1 \additive\f1\fs20 Plain Text;} Motion To Modify Bond Conditions. 3.09, eff. Art. Acts 2015, 84th Leg., R.S., Ch. Art. 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. 17.17. stream 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.". Commissioners Court session in progress. {\*\cs2 \additive Default Para;} }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. PDF In the United States District Court for The District of Columbia United 3, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? (4) the court that issued the order releasing the defendant on bond. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Amended by Acts 1999, 76th Leg., ch. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. RD . 13, eff. Sept. 1, 1997; Subsecs. 1, eff. Court the following:\par This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. All other terms and conditions of probation ordered on , shall remain in full force and \softline (2) in compliance with the training requirements of Article 17.024. June 8, 1971. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. June 17, 2011. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. one (1) year.\par Added by Acts 2009, 81st Leg., R.S., Ch. Art. (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. (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. 163 (S.B. 552, Sec. 243 (S.B. September 1, 2005. SURRENDER IN VACATION. 877), Sec. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ Art. Acts 2019, 86th Leg., R.S., Ch. The Probationer appeared by attorney, and the State of \softline Added by Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. (5) the presiding judge or magistrate who authorized the personal bond. 1275), Sec. 1, eff. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par PDF motion to amend conditions of bond - markstevenslaw.com Acts 2007, 80th Leg., R.S., Ch. (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. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline 1, eff. '@o`2!Y uh2dh2V ] If the defendant is charged with a felony, that it state that he is charged with a felony. (B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 4.01, eff. Art. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par Added by Acts 2021, 87th Leg., R.S., Ch. (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. (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. 1070), Sec. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. (signature of defendant).". 2. (3) include any information other than the information listed in Subsection (b). }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 September 1, 2019. 11 (S.B. 17.41. Subsec. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. 122 (H.B. Amended by Acts 1989, 71st Leg., ch. 17.032. (2) a two-hour continuing education course. 375), Sec. {\plain \fs24 \*\cs1 \par (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. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 1, eff. (h) A defendant described by Subsection (f) may file an affidavit under Subsection (f) at any time before or during the bail proceeding under Subsection (a). (2) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. That it be made payable to "The State of Texas"; 2. 2, eff. "Modify" is simply another word for "change." NOTICE OF APPEARANCE DATE. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. Such affidavit shall be filed with the papers of the proceedings. }\pard \fs24\sl480\slmult1 The magistrate shall make a separate record of the service in written or electronic format. (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. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 588, Sec. 1068), Sec. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. 1, eff. The solution is to seek a modification of the bond terms. September 1, 2009. (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. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 5, eff. 87 (S.B. Art. (b) amended by Acts 1999, 76th Leg., ch. A defendant must obey bond conditions or risk being jailed again. }{\plain \fs24 \*\cs1 [ADDRESS]\par 1562), Sec. PUBLIC SAFETY REPORT SYSTEM. September 1, 2011. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline June 14, 1995; Acts 1995, 74th Leg., ch. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. 1352 (S.B. Art. 978 (H.B. 1. Sept. 1, 1999. 232 (H.B. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). {\plain \fs24 \*\cs1\b\ul CERTIFICATE OF SERVICE}{\plain \fs24 \*\cs1 \par The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body. September 1, 2021. 5, eff. $x@ohzr7cp#`:B. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. IOQD }E+ @.T)n )`R>_#/:ldT1|t=](2 l< %0 0M(v1 =b Sec. ZDU\gKczBUWQUj }\pard \fs24 1, eff. September 1, 2017. Sept. 1, 1993. 2390), Sec. 420 (S.B. September 1, 2005. Art. 10, Sec. The judgment \softline (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. MOTION TO INCREASE BOND AND AMEND BOND CONDITIONS THE HONORABLE JUDGE OF SAID COURT: COMES NOW the State of Texas by and through her Assistant District Attorney, Jim Trotter, and files this Motion to Increase Bond and Amend Bond Conditions and would respectfully show the Court as follows: I.
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