motion to modify bond conditions texas

}{\plain \fs24 \*\cs1 \par 785, Sec. 17.50. (3) denied bail in accordance with the Texas Constitution and other law. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.7 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $22.42. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline Added by Acts 1995, 74th Leg., ch. May 19, 2011. Art. (b), (c) amended by Acts 1997, 75th Leg., ch. } endobj }{\plain \fs24 \*\cs1 [FIRM NAME]\par Acts 2021, 87th Leg., R.S., Ch. Sec. (j) The magistrate may enter an order or take other action authorized by Article 16.22 with respect to a defendant who does not appear capable of executing an affidavit under Subsection (f). (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. 3000), Sec. 17.032. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. Amended by Acts 1999, 76th Leg., ch. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person. %PDF-1.7 A bail bond must contain the following requisites: 1. June 17, 2011. 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. 661, Sec. 374, Sec. 3145 (b) and respectfully requests that he be released with certain conditions and supervision . 1070), Sec. 1, eff. All Rights Reserved. LIVe1j`iASS^N/Q.m dE:En 4, eff. WITNESSES TO GIVE BOND. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Acts 2017, 85th Leg., R.S., Ch. Art. PUBLIC SAFETY REPORT SYSTEM. September 1, 2017. 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. 6), Sec. document.write(new Date().getFullYear()) 7, eff. Added by Acts 1997, 75th Leg., ch. (a) amended by Acts 1999, 76th Leg., ch. Depending on the jurisdiction, the prosecutors may or may not oppose the change. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Many defendants fail to understand that a judge can quickly return them to jail if bond conditions are violated. 87.004. 1064 (H.B. AFFIDAVIT NOT CONCLUSIVE. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. (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. 375), Sec. June 20, 2003; Subsec. 1412, Sec. Sept. 1, 1995. Acts 2019, 86th Leg., R.S., Ch. (b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of: (2) the number of positions maintained for office staff; (3) the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and. The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. 7.002(f), eff. (b) amended by Acts 1989, 71st Leg., ch. Sept. 1, 1987. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. 1506), Sec. 1506, Sec. endobj (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. <> (4) the court that issued the order releasing the defendant on bond. 8), Sec. 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. 17.028. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. PROCEDURES AND FORMS RELATED TO MONETARY BOND. Sec. January 1, 2022. Acts 2009, 81st Leg., R.S., Ch. (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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 REPORTING OF CONDITIONS. 4, eff. (3) prohibiting the release of the information to the defendant. 787, Sec. (5) the magistrate finds, after considering all the circumstances, a pretrial risk assessment, if applicable, and any other credible information provided by the attorney representing the state or the defendant, that release on personal bond would reasonably ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. 1, eff. 2. 736 (H.B. 1178), Sec. 3.09, eff. (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. subjected to a revocation of probation at a later date, which would not have been possible without \softline {\plain \fs24 \*\cs1\b II. 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. (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. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par A "Modification Hearing" is the process by which to make changes in your EPO. Jan. 1, 2002. Criminal District Attorney, _____________ County, Texas\par 49), Sec. Acts 2005, 79th Leg., Ch. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. (c) amended by Acts 2003, 78th Leg., ch. }{\plain \fs24 \*\cs1 \par (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par 2299), Sec. 11, eff. Art. 1. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. 1, eff. 17.34. Acts 2021, 87th Leg., 2nd C.S., Ch. Repealed by Acts 2005, 79th Leg., Ch. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], (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. 1, eff. (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. Art. (i) Chapter 22 applies to a bail bond paid by a charitable bail organization. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent 17.45. (d) amended by Acts 2003, 78th Leg., ch. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. Art. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline 76, Sec. (a) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or, (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or. 610, Sec. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline 599), Sec. Art. (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. A "bail bond" is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same. Acts 2015, 84th Leg., R.S., Ch. 17.17. 588, Sec. 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. TIME GIVEN TO PROCURE BAIL. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par 463 (H.B. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. (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. {\plain \fs24 \*\cs1 \par Art. 17.141. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], BAIL BOND CERTIFICATES. (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. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? III Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. 1068), Sec. Sept. 1, 1999. 17.153. 3, eff. (a) In this article: (1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. 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. (f-2) 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 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. P %_;b. (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. }\pard \fs24 (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings. 2014), Sec. January 1, 2022. 9, eff. 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. September 1, 2007. 4), Sec. {+E$aaCJXvF#_,Ag2CY++ 2 (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. P %_;b. (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. 14, Sec. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par 17.25. Art. Subsec. June 20, 1987; Subsec. 243 (S.B. 11 (S.B. After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that: (1) the order as originally issued is unworkable; (2) the modification will not place the victim of the offense at greater risk than did the original order; and. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community. 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,@ December 2, 2021. 17.152. }\pard \fs24\qc (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. SECURITY OF WITNESS. 110, Sec. (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. Sec. 3692), Sec. 11 (S.B. $x@ohzr7cp#`:B. 2 amended by Acts 1999, 76th Leg., ch. }{\plain \fs24 \*\cs1 \par DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. {\plain \fs24 \*\cs1\b CAUSE NO. May 23, 2015. September 1, 2009. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T 278 (H.B. Art. Acts 2017, 85th Leg., R.S., Ch. 737), Sec. 318, Sec. (5) Section 43.05(a)(2) (Compelling Prostitution). (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. Page 1 / 2. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 1, eff. Sec. '@o`2!Y uh2dh2V ] The Defendant is incarcerated in the El Paso County Detention Facility. 1, eff. All general rules in the Chapter are applicable to bail defendant before an examining court. 1, eff. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline Aug. 28, 1967. 17.16. 6, eff. 3, eff. Acts 2021, 87th Leg., R.S., Ch. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility. (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. Art. September 1, 2015. (e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: (1) the number for each category of offense; (f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary. (T) Section 43.25 (sexual performance by a child). After filing the motion, you may have to attend a hearing in front of a judge. 17.07. (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. (2) a two-hour continuing education course. }{\plain \fs24 \*\cs1 \par That it be made payable to "The State of Texas"; 2. 4, eff. CHARITABLE BAIL ORGANIZATIONS. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline 769 (H.B. Jan. 28, 1997. (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. All rights reserved. (2) requests the assistance of counsel, appointed or retained. 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. Art. September 1, 2007. 243 (S.B. 17.294. This subsection expires May 1, 2023. 1576), Sec. }\page Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995; Subsecs. 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 . September 1, 2005. Art. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. }{\plain \fs24 \*\cs1 [PHONE]\par 2, Sec. 17.18. 1276, Sec. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and.

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