982 (H.B. The interest of justice would best be served by leaving the Probationer on probation in this \softline September 1, 2021. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 769 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. September 1, 2005. 3145 (b) and respectfully requests that he be released with certain conditions and supervision . {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\par Acts 1965, 59th Leg., vol. (3) the magistrate demonstrates competency as provided by Subsection (b). 3, eff. 2.04, eff. 4 0 obj 514, Sec. Travis County. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. The court may waive the fee or assess a lesser fee if good cause is shown. September 1, 2015. 2.08, eff. }{\plain \fs24 \*\cs1 \par (d) amended by Acts 2003, 78th Leg., ch. Art. }{\plain \fs24 \*\cs1 \par (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. (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. }{\info{\title }{\author MD}{\operator MD} If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . 1913), Sec. 2.06, eff. (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. (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. 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). (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. 515 (H.B. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. 12, eff. Sept. 1, 1999. Sec. 17.441. (3) include any information other than the information listed in Subsection (b). September 1, 2011. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par 1224 (H.B. 17.033. Art. 942, Sec. 584), Sec. 14, Sec. I ask the court to conduct a hearing to modify the pretrial release conditions. (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) 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. Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1999. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. 4, eff. January 1, 2008. Art. {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. 1, eff. 66 (S.B. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. 11 (S.B. In the motion, you identify the condition you want changed and explain why. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} (b), (c) amended by Acts 1997, 75th Leg., ch. (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. 2, eff. 2, eff. 2.02, eff. (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. }\pard \fs24\qc\sl480\slmult1 2, eff. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. Added by Acts 2005, 79th Leg., Ch. Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. {\*\cs2 \additive Default Para;} September 1, 2009. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. June 20, 2003. 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. ACCUSED LIBERATED. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. reopen a prior custody hearing. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. Sept. 1, 1989; Subsec. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ 1, eff. (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. Amended by Acts 1997, 75th Leg., ch. (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 17.19. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par (f) A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System. 3692), Sec. Added by Acts 2005, 79th Leg., Ch. }\pard \fs24\qc 312, Sec. September 1, 2021. Texas Criminal Forms | LexisNexis Store Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \par 942, Sec. (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. 11 (S.B. Aug. 28, 1967. 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense involving family violence; or. (2) a two-hour continuing education course. The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. motion-to-modify-bond-conditions Document for The State of Texas VS. JENNIFER FUNK Track Case Changes Download Document Print Document On May 14, 2020 a Motion to Modify - BOND CONDITIONS was filed involving a dispute between The State Of Texas , and for Habeas Corpus in the District Court of Hidalgo County. (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. 2.05, eff. January 1, 2016. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. All Rights Reserved. 982 (H.B. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par 743 (H.B. (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. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. 5, eff. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par {\plain \fs24 \*\cs1 \par 3, eff. Check with your local state and county courts to see if they are available. 7.002(e), eff. (d) Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding: (1) the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article; (5) the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence; and. to Modify Terms and Conditions of Probation and for cause would show the Court as follows: ' Defendant, has been on bond since January 23, 2019. June 20, 2003; Subsec. Secs. 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. 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. }{\plain \fs24 \*\cs1 State Bar No. 109th District Court of Texas. September 1, 2005. REQUISITES OF A BAIL BOND. 610, Sec. 3. 17.28. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. <> fees.\par (f) In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial. Acts 2015, 84th Leg., R.S., Ch. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested. Added by Acts 2021, 87th Leg., R.S., Ch. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. (f) The Department of Public Safety shall: (1) modify the database to enable the database to accept and maintain detailed information on active conditions of bond regarding the requirements and status of a condition of bond imposed by a magistrate for a violent offense, including information described by Subsections (b) and (c); and. Art. (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. 6), Sec. All general rules in the Chapter are applicable to bail defendant before an examining court. {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline 463 (H.B. Art. 17.37. 1, eff. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. }{\plain \fs24 \*\cs1 _______________\par 1, eff. Acts 2011, 82nd Leg., R.S., Ch. RECORDS OF BAIL. Sec. 4, eff. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence 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. 906, Sec. (b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline 0_b 955 (S.B. 17.25. Free preview. }{\plain \fs24 \*\cs1 \par Aug. 28, 1989; Acts 1989, 71st Leg., ch. 722. 17.081. (2) has been issued a certificate under Subsection (d) with respect to that county. CORPORATION AS SURETY. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. endobj As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. 17.045. Part 1 Drafting the Motion Download Article 1 Identify which condition you want to modify. 17.31. 3.01, eff. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline Sec. September 1, 2017. 1064 (H.B. the State Bar of Texas, Sheriffs' Association of Texas, Chief Deputies' Association of Texas, Texas Association of Counties, and the Texas Jail Association. Art. 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. 1352 (S.B. 1173), Sec. 375), Sec. 10(a), eff. The citizenship status of the defendant shall be considered. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. 221 (H.B. 2. Preview September 1, 2005. 4), Sec. Added by Acts 1999, 76th Leg., ch. Acts 2005, 79th 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. $x@ohzr7cp#`:B. Art. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. 2499), Sec. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline 1006, Sec. 34, Sec. 3, eff. 56), Sec. A bail bond must contain the following requisites: 1. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog Amended by Acts 1971, 62nd Leg., p. 3046, ch. (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. September 1, 2021. }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par P %_;b. (a) amended by Acts 1999, 76th Leg., ch. 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. effect.\par 1, eff. SHALL CERTIFY PROCEEDINGS. A "Modification Hearing" is the process by which to make changes in your EPO. (d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. 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. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. Art. }\pard \fs24 (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. Acts 2015, 84th Leg., R.S., Ch. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ (7) the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential. 942, Sec. 1, eff. Art. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. __________________\par The solution is to seek a modification of the bond terms. 671 (S.B. 10, Sec. Art. Art. WHEN BAIL IS NOT GIVEN. 1276, Sec. The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par Conditions of Bond in Texas - Georgetown Criminal Defense Lawyer 4 (S.B. In support of this Motion, the Defendant would like the Court to consider the following items. September 1, 2017. Art. Overview of Texas Bond Conditions | Neal Davis Law Firm, PLLC (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par (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. Added by Acts 1999, 76th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 346), Sec. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. 722. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. 1849), Sec. 5, eff. 1, eff. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline 17.027. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein.
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