Art. 17.15. First, the Defendant does not have a criminal history. 1178), Sec. P %_;b. 3, eff. 6. Acts 2019, 86th Leg., R.S., Ch. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. Acts 2021, 87th Leg., 2nd C.S., Ch. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. (b)(2) amended by Acts 1991, 72nd Leg., ch. 1, eff. }{\plain \fs24 \*\cs1 [ADDRESS]\par 1, eff. (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. (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. Added by Acts 2021, 87th Leg., R.S., Ch. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. 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. (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. 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. NOTICE OF APPEARANCE DATE. 3, eff. Added by Acts 2001, 77th Leg., ch. Mr. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. 17.293. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. Acts 2007, 80th Leg., R.S., Ch. Subsec. 7.002(e), eff. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline . 17.091. Subsec. Acts 2019, 86th Leg., R.S., Ch. 659, Sec. Acts 1965, 59th Leg., vol. 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. 4. 17.021. 2, eff. period of one (1) year to expire on ____________________ pursuant to the request of the \softline (c), (g), (m) amended by Acts 2001, 77th Leg., ch. 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,@ (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. II. %PDF-1.7 Added by Acts 2005, 79th Leg., Ch. 3751), Sec. 2, eff. 17.52. PDF JUSTICE COURT FORMS FOR CRIMINAL PROCEEDINGS - University of Mississippi June 8, 1971. 1, eff. {\plain \fs24 \*\cs1 \par {\plain \fs24 \*\cs1 \par 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. (2) a two-hour continuing education course. 1, eff. 6, eff. (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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Sept. 1, 1989. 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. 1573), Sec. (b) amended by Acts 1989, 71st Leg., ch. Added by Acts 2001, 77th Leg., ch. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. 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. {\plain \fs24 \*\cs1 \par Access from your Country was disabled by the administrator. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. September 1, 2017. 1 0 obj (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. 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). (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. Acts 2021, 87th Leg., 2nd C.S., Ch. {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab \tab IN THE ______________ COURT\par If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. Sec. Art. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline June 17, 2011. 3.02, eff. Acts 2017, 85th Leg., R.S., Ch. }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 1823), Sec. September 1, 2021. ZDU\gKczBUWQUj document.write(new Date().getFullYear()) (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. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. January 1, 2022. (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. 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. 1, eff. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} (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. (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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par May 19, 2011. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. ]*z P T>3wc{-)G .*CqW. At that time, the magistrate shall conduct the hearing and make the determination required by this article. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. }{\plain \fs24 \*\cs1 \par Added by Acts 2007, 80th Leg., R.S., Ch. 1, eff. stream probation for the one (1) year period requested by the Probationer, the Probationer could be \softline Amended by Acts 1971, 62nd Leg., p. 3046, ch. Texas Judicial Branch Self-Help. Acts 2009, 81st Leg., R.S., Ch. (T) Section 43.25 (sexual performance by a child). } {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab \tab \tab OF __________COUNTY, TEXAS\par September 1, 2019. Art. IN CASE OF NO ARREST. (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. Art. 4, eff. January 1, 2022. }{\plain \fs24 \*\cs1 \par September 1, 2021. 1506), Sec. }\pard \fs24 Added by Acts 1991, 72nd Leg., ch. 34, Sec. 6), Sec. Amended by Acts 1989, 71st Leg., ch. (a) amended by Acts 1995, 74th Leg., ch. 722. 1, eff. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. 1, eff. PROCEDURES AND FORMS RELATED TO MONETARY BOND. Added by Acts 2021, 87th Leg., R.S., Ch. 56), Sec. 1, eff. 1352 (S.B. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 748 (S.B. 2 amended by Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. June 14, 1995. 20, eff. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Amended by Acts 1987, 70th Leg., ch. }\pard \fs24 The ability to make bail shall be considered, and proof may be taken on this point. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 (a) amended by Acts 2003, 78th Leg., ch. 76, Sec. (d) The victim of the offense need not be present when the order for emergency protection is issued. 4, eff. 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. 17.21. (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. (b) amended by Acts 1995, 74th Leg., ch. 17.153. 2. 17, eff. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 (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. 17.41. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline (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. 4. 7, eff. (b) This article may not be construed to extend any deadline provided by Article 15.17. Sept. 1, 1994. 1263 (H.B. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. January 1, 2022. Added by Acts 1977, 65th Leg., p. 1525, ch. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par {\*\pnseclvl7\pndec\pnstart1{\pntxta .}} Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> {\rtf1\ansi \deflang1033\deff0{\fonttbl S>f. 930 (H.B. Acts 2009, 81st Leg., R.S., Ch. (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. Sept. 1, 1999; Subsec. 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). 463 (H.B. Seeking a Modification of Bond Terms in a Criminal Case 17.04. 1, eff. }{\plain \fs24 \*\cs1 \par Acts 2021, 87th Leg., 2nd C.S., Ch. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 1506), Sec. September 1, 2009. 2, Sec. 2, eff. 3. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the 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. 17.028. 17.027. May 23, 2015. 722. Acts 2019, 86th Leg., R.S., Ch. Art. Sept. 1, 1995. 19.01(3), eff. (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 3, eff. 17.38. (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. After considering the State's motion, this Court is of the opinion that the current bond is insufficient and that the State's Motion should be . 1658), Sec. Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. The judgment \softline 2. 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. Defendant will be traveling out of state due to employment purposes. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Sept. 1, 1999. Art. 2, eff. Sept. 1, 1999. 1173), Sec. (5) Section 43.05(a)(2) (Compelling Prostitution). }{\plain \fs24 \*\cs1 \par (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. Art. 1 0 obj Motion To Modify Bond Conditions. (b) The office shall provide for a method of certifying that a magistrate has successfully completed a training course required under this article and has demonstrated competency of the course content in a manner acceptable to the office. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. 17.27. Conditions of release to follow and rules for getting out of jail and staying out of trouble. All general rules in the Chapter are applicable to bail defendant before an examining court. Added by Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1276 (H.B. (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. Courts can monitor whether defendants obey their bond conditions in several ways. }{\plain \fs24 \*\cs1 \par }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tqr\tx9603 Angleton: (979) 652-5246. 4, eff. }\pard \fs24\qc\sl480\slmult1 14, Sec. 5.001, eff. 3582), Sec. 4, eff. Motions to Modify Bonds. 17.36. Motion - Defendants motion to modify bond condition July 23, 2019 ELECTRONIC FILING OF BAIL BOND. (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. }{\plain \fs24 \*\cs1 \par Acts 2015, 84th Leg., R.S., Ch. 17.022. 2, eff. Austin-Travis County's COVID-19 Community Level is currently, Motion to Set Aside Bond Forfeiture Prior to Civil Suit, Motion and Order to have Defendant Examined for Competency, Plea of Guilty - No Good Conduct Time for Violent Offenders (per Governor's COVID-19 Emergency Order), Trial Courts Certification of Defendants Right to Appeal, Judgment of Conviction by Court-Bench Trial, Waiver of Personal Appearance of Enter Plea. January 1, 2017. Art. (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. (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. 1298 (H.B. 351), Sec. Acts 1965, 59th Leg., vol. 1064 (H.B. Art. Acts 2005, 79th Leg., Ch. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer 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). 1080, Sec. 6), Sec. (b), (c) amended by Acts 1997, 75th Leg., ch. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. September 1, 2009. {\stylesheet{\fs20 \snext0 Normal;} Art. 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. (b) amended by Acts 2003, 78th Leg., ch. (j) amended by Acts 2003, 78th Leg., ch. 593 (H.B. 17.30. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. 1275, Sec. (3) denied bail in accordance with the Texas Constitution and other law.
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motion to modify bond conditions texas 2023