<> (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. (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. }\pard \fs24\sl480\slmult1 View the latest COVID-19 information. LIVe1j`iASS^N/Q.m dE:En 463 (H.B. (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. 2, eff. }\pard \fs24 September 1, 2015. 2.09, eff. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. (2) a two-hour continuing education course. 599), Sec. You might also want to cancel the protection order completely. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. A request to modify a property settlement, child custody case, or alimony case requires filing a "motion to modify." This motion is filed with the same court where the divorce judgment was issued. (c) A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person: (1) is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and. 2, eff. 34 (S.B. E-File Tips (PDF) Standing Order - Felony Bond Conditions. Art. 17.045. 3.02, eff. {\plain \fs24 \*\cs1\b CAUSE NO. 4, eff. Secs. 17.291. 1. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 1, eff. 2. Aug. 30, 1971. January 1, 2020. endobj (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Sec. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline Jan. 28, 1997. 4 (S.B. 19.01(3), eff. 17.21. 45, eff. 0_b WITNESSES TO GIVE BOND. Acts 2017, 85th Leg., R.S., Ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par (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. 3, eff. 13, eff. Free preview. (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. (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. Acts 2021, 87th Leg., R.S., Ch. Art. Acts 2007, 80th Leg., R.S., Ch. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. (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. 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. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense: (A) is an offense involving violence as defined by Article 17.03; or. Acts 2009, 81st Leg., R.S., 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. Such affidavit shall not be conclusive as to the sufficiency of the security; and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same. 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. September 1, 2011. (2) delivered to the office of the prosecuting attorney. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. June 20, 2003; Subsec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ___________________________________\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. 5, eff. 1070), Sec. Acts 2007, 80th Leg., R.S., Ch. 17.01. 1, eff. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. 6), Sec. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. S>f. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. What does a motion to modify bail? - Legal Answers - Avvo 4, eff. endobj WHEN A BAIL BOND IS GIVEN. 5, eff. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. Acts 2021, 87th Leg., 2nd C.S., Ch. 1, eff. 17.23. }{\plain \fs24 \*\cs1 [FAX]\par Art. 11 (S.B. 1, eff. 1, eff. (l) This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. SURRENDER IN VACATION. Acts 2011, 82nd Leg., R.S., Ch. (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. September 1, 2005. KP-0270 Re: Authority of the State to obtain an arrest warrant for a defendant previously released on pretrial bond conditions if credible evidence exists he violated those conditions (RQ-0283-KP) Sept. 1, 1995. In this edition of Texas Criminal Forms, you receive new forms and practice tips, plus revised and/or updated coverage of the law, to help you navigate the issues that may arise at various stages of a criminal case. Texas Criminal Forms | LexisNexis Store Copyright 1999 2023 GoDaddy Operating Company, LLC. (b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice. September 1, 2013. LIVe1j`iASS^N/Q.m dE:En Subsec. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. 11 (S.B. (a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. 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. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline September 1, 2005. 1506, Sec. Art. (B) any offense involving family violence, as defined by Section 71.004, Family Code. Conditions of release to follow and rules for getting out of jail and staying out of trouble. Conditions of Bond in Texas - Georgetown Criminal Defense Lawyer Sec. 17.0501. {\plain \fs24 \*\cs1 \par Acts 2017, 85th Leg., R.S., Ch. }\pard \fs24 TIME GIVEN TO PROCURE BAIL. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Latrelle Noss Mouton v. The State of Texas Appeal from 114th District Court of Smith County 593 (H.B. 284(57), eff. 2014), Sec. September 1, 2019. (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. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. }\pard \fs24 June 17, 2011. }\pard \fs24 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. Added by Acts 2015, 84th Leg., R.S., Ch. 1506), Sec. (d) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. }{\plain \fs24 \*\cs1 \par (b) A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article. 3, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 1993. (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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Acts 2011, 82nd Leg., R.S., Ch. 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. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. Added by Acts 1993, 73rd Leg., ch. (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. Sept. 1, 1987. 6), Sec. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. {\stylesheet{\fs20 \snext0 Normal;} (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. 787, Sec. Aug. 28, 1995; Subsec. probation fees, but with an extension of one (1) year in the term of probation, the Probationer will \softline 722. 17.141. (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. 122 (H.B. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Latrelle Noss Mouton v. The State of Texas Appeal from 114th District September 1, 2005. 2, p. 317, Ch. To modify these conditions, you need to file a motion with the court. WITNESS MAY BE COMMITTED. Sec. Art. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. 671 (S.B. 2, eff. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ 17.27. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Art. September 1, 2011. BAIL IN FELONY. Art. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. 17.033. <> 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. 2, eff. 3165), Sec. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. All Rights Reserved. Subsec. 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. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog (1) the personal bond office established under Article 17.42for 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 17.021to 17.06. Acts 2013, 83rd Leg., R.S., Ch. PUBLIC SAFETY REPORT. June 8, 1971. Art. %PDF-1.7 September 1, 2007. 599), Sec. 420 (S.B. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent 2, eff. Sec. September 1, 2019. (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. 1, eff. Art. }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline (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. 11 (S.B. (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. PERSONAL BOND. 2 0 obj }{\plain \fs24 \*\cs1 \par {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab IN THE ______________ COURT\par Subsec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par 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). 6(a), eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 The citizenship status of the defendant shall be considered. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 2767), Sec. 6), Sec. Art. Defendant will be traveling out of state due to employment purposes. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. art. When such bond is so given and approved, the defendant shall be released from custody. 17.081. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 697, Sec. 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,@ (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. 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. Access from your Country was disabled by the administrator. PDF motion to amend conditions of bond - markstevenslaw.com Added by Acts 1995, 74th Leg., ch. Defendant is charged with Driving While Intoxicated. Sept. 1, 1991. Sept. 1, 2003. (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. January 1, 2020. 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. 5.001, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. September 1, 2011. September 1, 2017. Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court.\par 14.19, eff. $x@ohzr7cp#`:B. That it be made payable to "The State of Texas"; 2. offense of _____________. 955 (S.B. Acts 2019, 86th Leg., R.S., Ch. }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440 20, eff. 1, eff. 243 (S.B. 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. 6. January 1, 2022. 722. POSTTRIAL ACTIONS. January 1, 2016. 1, eff. 722. 2499), Sec. 2, p. 317, ch. Acts 2019, 86th Leg., R.S., Ch. Art. {\plain \fs24 \*\cs1 \par {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par Amended by Acts 1989, 71st Leg., ch. September 1, 2015. 1, eff. 2, eff. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. }{\plain \fs24 \*\cs1 \par 17.39. 76, Sec. Acts 2007, 80th Leg., R.S., Ch. June 14, 1995. September 1, 2015. 623, Sec. (c) 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. (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. (b), (c) amended by Acts 1997, 75th Leg., ch. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} "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. 2.02, eff. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. 17.091. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 September 1, 2017. The court may waive the fee or assess a lesser fee if good cause is shown. (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. The judgment, among other terms and conditions, ordered Probationer \softline January 1, 2022. 3. amend the terms and conditions of probation in this cause and in support thereof would show the \softline }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Art. 1113 (H.B. 3. (a) amended by Acts 1995, 74th Leg., ch. 654 (H.B. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. 346), Sec. 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. Forms - Travis County, Texas 11 (S.B. (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. RULES APPLICABLE TO ALL CASES OF BAIL. 44, eff. 11 (S.B. Sec. 17.028. To reduce DWI driving on Texas roadways, legislative statutes have been passed that mandate DWI offenders install an IID as a condition of bond and/or probation if he or she meets certain criteria. Art. 2, Sec. __________________\par 1658), Sec. June 20, 1987; Subsec. 9. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. 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. PDF MC 308, Motion and Notice of Hearing Regarding Bond Modification (c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient 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. Criminal District Attorney, _____________ County, Texas\par (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. 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. Acts 2009, 81st Leg., R.S., Ch. (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.