2390), Sec. fees. January 1, 2022. 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. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 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). Added by Acts 1993, 73rd Leg., ch. 1005), Sec. Sept. 1, 1997; Subsec. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. 1658), 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. REQUISITES OF A PERSONAL BOND. 6), Sec. Acts 1965, 59th Leg., vol. 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. (signature of defendant).". Art. The judgment \softline Page 1 / 2. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with. (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. 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. Jan. 28, 1997. Buy now. {\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}} If you have been charged . 828, Sec. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community. (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. Art. The pretrial release conditions should be modified as follows: 4. <> Acts 2015, 84th Leg., R.S., Ch. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and. Added by Acts 2005, 79th Leg., Ch. (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. When drafting a motion to . Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. 3000), Sec. 982 (H.B. June 17, 2011. 1, eff. Art. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. Answer Jury Summons. Acts 2021, 87th Leg., 2nd C.S., Ch. 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. Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 4 0 obj (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. 17.37. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. 930 (H.B. 769 (H.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 All other terms and conditions of probation ordered on , shall remain in full force and \softline (i-1) The copy of the order and any related information may be sent under Subsection (h) or (i) electronically or in another manner that can be accessed by the recipient. 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. 768, Sec. Acts 2007, 80th Leg., R.S., Ch. (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. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. 109th District Court of Texas. 737), Sec. (5) Section 43.05(a)(2) (Compelling Prostitution). DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. Sept. 1, 2001; Subsecs. 17.025. 2.06, eff. 1, eff. Free preview Motion To Modify Bond Conditions Texas. (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. Art. Sept. 1, 1999. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. 17.50. 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. September 1, 2015. 17.32. (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. Art. }\pard \fs24 Acts 2021, 87th Leg., R.S., Ch. 14.21, eff. 17.18. 1. A "Modification Hearing" is the process by which to make changes in your EPO. 882), Sec. 45, eff. 807 (H.B. }{\plain \fs24 \*\cs1\b\ul AND CONDITIONS OF PROBATION\par }\pard \fs24\qc On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ Art. I ask the court to conduct a hearing to modify the pretrial release conditions. Sec. (d) To the extent that a condition imposed 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 a period specified by the magistrate, not to exceed 90 days. Sept. 1, 1985. (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. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county. GENERAL RULES APPLICABLE. 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. 5, eff. EFFECT OF WITNESS BOND. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc The solution is to seek a modification of the bond terms. 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. 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. September 1, 2009. (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. 17.04. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 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. period of one (1) year to expire on ____________________ pursuant to the request of the \softline 1. September 1, 2009. }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline Art. 4, eff. (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. }{\plain \fs24 \*\cs1 \par <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> 656, Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par April 5, 2001. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. Sept. 1, 1995; Subsecs. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par {\plain \fs24 \*\cs1 \par }{\plain \fs24 \*\cs1 By: _______________________________\par 17.12. Art. DEFINITION OF "BAIL". 3. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? 11 (S.B. 1127 (S.B. 4, eff. (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. 76, Sec. 243 (S.B. 17.24. Sec. {\plain \fs24 \*\cs1\b\ul AGREED MOTION TO MODIFY AND EXTEND\par 1, eff. Acts 2019, 86th Leg., R.S., Ch. 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. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. September 1, 2017. (k) A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter. March 19, 1993. (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. 1228 (S.B. 424, Sec. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. (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. Art. 396, Sec. (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. Art. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. 654 (H.B. (m) Notwithstanding Subsection (a), a magistrate may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6). (d) A judge may not adopt a bail schedule or enter a standing order related to bail that: (1) is inconsistent with this article; or. SURETIES SEVERALLY BOUND. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par (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. June 17, 2005. January 1, 2017. 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. 17.42 by Acts 1991, 72nd Leg., ch. 2, eff. 978 (H.B. }{\plain \fs24 \*\cs1 \par Acts 2005, 79th Leg., Ch. 1038 (H.B. 17.53. 599), Sec. 910), Sec. Subsec. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. 10(a), eff. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. Art. S>f. 11 (S.B. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. September 1, 2011. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. (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. 17.35. }}. 7, eff. September 1, 2015. (d) A capias for the arrest of the accused is not required if: (1) a warrant has been issued for the accused's arrest and remains outstanding; or. Sept. 1, 1999. 3, eff. 3. Acts 2021, 87th Leg., 2nd C.S., Ch. 2. (h) The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. 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. 1276 (H.B. art. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. 17.17. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. % Art. After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that: (1) the order as originally issued is unworkable; (2) the modification will not place the victim of the offense at greater risk than did the original order; and. 374, Sec. '@o`2!Y uh2dh2V ] Added by Acts 2021, 87th Leg., R.S., Ch. 17.07. Buy . September 1, 2005. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 163 (S.B. IN CASE OF NO ARREST. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and.
Legault Press Conference Today Tva,
Brent Dennis Daughters,
Fortinet Glassdoor Interviews,
Surefit Floral Slipcovers,
Tabbed Arc Smart Art,
Articles M