Sec. 17.292. Acts 2011, 82nd Leg., R.S., Ch. 17.33. }\pard \fs24\qc 17.025. 807 (H.B. 2, Sec. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. (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. September 1, 2011. (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. Sec. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. __________________\par January 1, 2008. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 1849), Sec. (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. NOTICE OF CONDITIONS. 2499), Sec. 1263 (H.B. 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. (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. 17.53. (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. 1, eff. 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. Art. Each surety listed under this article must file annually a sworn financial statement with the sheriff. 2(6), eff. 722. (c) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, 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 committed the offense. {\plain \fs24 \*\cs1 \par RECORDS OF BAIL. {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab IN THE ______________ COURT\par In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. 76, Sec. {\plain \fs24 \*\cs1 \par <> (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). (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. PDF In the United States District Court for The District of Columbia United 1064 (H.B. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. June 17, 2011. Art. }{\plain \fs24 \*\cs1 \par 910), Sec. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. September 1, 2009. }\pard \fs24\qc\sl480\slmult1 Reasonable time shall be given the accused to procure security. June 17, 2005. Call Us Today! The power to require bail is not to be used to make bail an instrument of oppression. CHANGE OF ADDRESS OR . {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. 2. Aug. 28, 1995; Subsec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1987. SURETIES SEVERALLY BOUND. 17.026. 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. 3, eff. }\pard \fs24 When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. (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. September 1, 2017. (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. 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. PROCEDURES AND FORMS RELATED TO MONETARY BOND. Sept. 1, 2003. to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline 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. Sept. 1, 1989. Courts can monitor whether defendants obey their bond conditions in several ways. 2, eff. 1506), Sec. Acts 2011, 82nd Leg., R.S., Ch. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par Added by Acts 1993, 73rd Leg., ch. Art. 1068), Sec. (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. (a) amended by Acts 2003, 78th Leg., ch. Jan. 1, 2002. period of one (1) year to expire on ____________________ pursuant to the request of the \softline (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. Sept. 1, 1985. 4, eff. 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. September 1, 2017. }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. 17.291. 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. Art. (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. May 19, 2011. 2, eff. 4 0 obj }{\plain \fs24 \*\cs1\b\ul AND CONDITIONS OF PROBATION\par CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. (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. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. (3) the magistrate demonstrates competency as provided by Subsection (b). 1, eff. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. September 1, 2017. January 1, 2022. Art. Acts 2005, 79th Leg., Ch. Such affidavit shall be filed with the papers of the proceedings. 3692), Sec. 1, eff. September 1, 2007. 5, eff. (3) the modification will not in any way endanger a person protected under the order. (a) In this article: (1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. The Office of Court Administration of the Texas Judicial System shall develop statewide procedures and prescribe forms to be used by a court to facilitate: (1) the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. 1276, Sec. 1506), Sec. 14, Sec. September 1, 2009. {\*\cs1 \additive\f1\fs20 Plain Text;} 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. 44, eff. Sept. 1, 1999. DISQUALIFIED SURETIES. Art. 4. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T (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. Added by Acts 1993, 73rd Leg., ch. Art. 2.02, eff. Acts 2017, 85th Leg., R.S., Ch. 942, Sec. an extension of probation.\par Amended by Acts 1971, 62nd Leg., p. 3046, ch. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. 1006, Sec. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline Art. PDF MC 308, Motion and Notice of Hearing Regarding Bond Modification (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. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN 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, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. WHEN READY TO GIVE BAIL. Buy now. Acts 2021, 87th Leg., R.S., Ch. (979) 652-5246. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 Art. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par (f) amended by Acts 1991, 72nd Leg., ch. (a) A personal bond pretrial release office established under this article shall: (1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case; (2) update the record on a monthly basis; and. Art. \pard \fs24\qc 930 (H.B. (a) Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be: (1) granted personal bond with or without conditions; (2) granted surety or cash bond with or without conditions; or. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par September 1, 2011. endobj If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. 2, p. 317, ch. 942, Sec. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par September 1, 2015. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. 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. 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. Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. 11 (S.B. 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. (2) offered by an accredited institution of higher education in this state. }{\plain \fs24 \*\cs1 \par (c-1) Notwithstanding Subsection (c), a magistrate who is serving on April 1, 2022, is considered to be in compliance with Subsection (c)(1) if the magistrate successfully completes the training course not later than December 1, 2022. 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. 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. bail bonds rules and regulations; motion to set bond sample; motion to modify bond conditions texas; out on bond rules; how long do bond conditions last; article 17.19 texas code of criminal procedure; felony bond conditions; what does bail type magistrate set mean December 2, 2021. } 17.09. 1276 (H.B. }{\plain \fs24 \*\cs1 ATTORNEYS AT LAW\par ]*z P T>3wc{-)G .*CqW. 1, eff. 828, Sec. The court may waive the fee or assess a lesser fee if good cause is shown. December 2, 2021. September 1, 2021. (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). 942, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 4. 4.01, eff. September 1, 2015. }{\plain \fs24 \*\cs1 [FAX]\par Amended by Acts 1987, 70th Leg., ch. 5, 6 added by Acts 1995, 74th Leg., ch. CASPER MOTION TO REDUCE BOND TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, CASPER, Defendant, by and through his attorney, and moves the court to reduce bond in said cause for the following reasons: I. Art. 618, Sec. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. 6), Sec. }{\plain \fs24 \*\cs1 \par PDF Motion to Increase or Modify Bond Conditions - Texas District & County The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. 2767), Sec. AFFIDAVIT NOT CONCLUSIVE. 1, eff. When such bond is so given and approved, the defendant shall be released from custody. Sept. 1, 1995. C-2275-20-E THE STATE OF TEXAS IN THE V 275TH DISTRICT COURT LARRY MEDRANO OF HIDALGO COUNTY, TEXAS MOTION TO MODIFY BOND CONDITIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW LARRY MEDRANO, Defendant herein, respectfully seeking a modification of bond for work-related purposes. Acts 2019, 86th Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 5, eff. September 1, 2021. Subsec. 17.024. 17.07. 1350 (H.B. Watch the live stream. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. 2, p. 317, ch. (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. 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. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. 56), Sec. SECURITY OF WITNESS. 1412, Sec. 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. xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n 346), Sec. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par (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. Acts 2009, 81st Leg., R.S., Ch. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. 108 (S.B. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 1490, Sec. 6), Sec. }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline Art. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. Acts 2009, 81st Leg., R.S., Ch. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. Acts 2019, 86th Leg., R.S., Ch. A personal bond may be taken of a witness by the court before whom the case is pending. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent (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. Added by Acts 2007, 80th Leg., R.S., Ch. 11 (S.B. Sept. 1, 1989. (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. If the magistrate does not set the defendant's bail in an amount below the amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of fact supporting the bail decision.

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