motion to modify bond conditions texas

(a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules: 1. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. Such affidavit shall be filed with the papers of the proceedings. 1, eff. 1, eff. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. (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. (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. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. 1276, Sec. 982 (H.B. (d) A judge may not adopt a bail schedule or enter a standing order related to bail that: (1) is inconsistent with this article; or. (h) A defendant described by Subsection (f) may file an affidavit under Subsection (f) at any time before or during the bail proceeding under Subsection (a). Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. To modify these conditions, you need to file a motion with the court. 766), Sec. Amended by Acts 1999, 76th Leg., ch. 623, Sec. 109th District Court of Texas. 3. (b), (c) amended by Acts 2001, 77th Leg., ch. 950 (S.B. 722. 2. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline 11 (S.B. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. 318, Sec. Art. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 1, eff. EXEMPT PROPERTY. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. 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. 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. Added by Acts 1971, 62nd Leg., p. 2445, ch. 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. 17.47. The bond conditions are noted in triplicate with a copy that the accused signs. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 September 1, 2015. 1. }\pard \fs24 2, p. 317, ch. September 1, 2007. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. (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. September 1, 2017. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Acts 2019, 86th Leg., R.S., Ch. Art. 1 0 obj 5, 6 added by Acts 1995, 74th Leg., ch. }{\plain \fs24 \*\cs1 \par 1350 (H.B. Sept. 1, 1999. To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (2) the penalties for violating a condition of release. September 1, 2005. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. (d) The victim of the offense need not be present when the order for emergency protection is issued. \notabind\margl1440\margr1440\hyphhotz936\ftnbj\fet2\ftnrstpg\aftnnar\viewkind1\lytprtmet\subfontbysize \sectd \sbknone\marglsxn1318\margrsxn1318\headery1440\footery1440\endnhere\endnhere Art. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. PDF Universal Texas Dwi Bond Condition Schematic 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. Acts 2021, 87th Leg., R.S., Ch. June 17, 2005. 1913), Sec. 977 (H.B. 17.32. 5, eff. }\pard \fs24\sl480\slmult1 6), Sec. 11 (S.B. 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. 17.43. Sec. (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. The provisions of this article do not apply to a defendant who is: (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or. If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. Added by Acts 1969, 61st Leg., p. 2033, ch. Acts 2007, 80th Leg., R.S., Ch. 6), Sec. Sept. 1, 1989. September 1, 2009. January 1, 2016. Secs. 4, eff. 17.153. {\plain \fs24 \*\cs1\b CAUSE NO. 807 (H.B. 3, eff. September 1, 2007. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 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. January 1, 2020. Sec. (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. fees.\par {\plain \fs24 \*\cs1 \par (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. PDF The State of Texas [] in The 46th Judicial Vs. [] District Court of RELEASE ON PERSONAL BOND. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. 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. Art. 6), Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 All general rules in the Chapter are applicable to bail defendant before an examining court. cause and amending the terms and conditions of probation.\par (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. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound. 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. 2, Sec. 2, p. 317, ch. The pretrial release conditions should be modified as follows: 4. Art. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. 1, eff. }{\info{\title }{\author MD}{\operator MD} SUFFICIENCY OF SURETIES ASCERTAINED. (c) As soon as practicable but not later than the next day after the date a magistrate, in a case described by Subsection (b), revokes a bond that contains a condition, modifies the terms of or removes a condition of bond, or disposes of the underlying criminal charges, the magistrate shall notify the sheriff and provide the sheriff with information that is sufficient to enable the sheriff to modify or remove the appropriate record in the database. 5(a), eff. 1, eff. 2.01, eff. 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. Sept. 1, 1999. \pard \fs24\qc }{\plain \fs24 \*\cs1 \par }{\plain \fs24 \*\cs1 [FAX]\par In this edition of Texas Criminal Forms, you receive new forms and practice tips, plus revised and/or updated coverage of the law, to help you navigate the issues that may arise at various stages of a criminal case. <> A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. 3, eff. 17.021. 4, eff. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS ORDER. probation fees, but with an extension of one (1) year in the term of probation, the Probationer will \softline 5.001, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 2767), Sec. 1047, Sec. January 1, 2022. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 346), Sec. (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. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. Keep following all of the terms of the protection order . (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. 2, eff. (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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 2, eff. (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (4) the attorney representing the state. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community. }\pard \fs24\qc September 1, 2017. Document for The State of Texas VS. LARRY MEDRANO - Trellis endobj 1, eff. Art. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 11.20, eff. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. 1. (b) amended by Acts 1999, 76th Leg., ch. 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. amend the terms and conditions of probation in this cause and in support thereof would show the \softline (979) 652-5246. }{\plain \fs24 \*\cs1 _______________\par 657, Sec. 1174 (S.B. 1070), Sec. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Art. probation for the one (1) year period requested by the Probationer, the Probationer could be \softline (B) involves violence directed against a peace officer. 748 (S.B. 2.03, eff. September 1, 2011. 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. Motion for New Trial; Motion to Modify; Motion to Revoke Stay of License Suspension; Motion to Transfer; . endobj 722. Angleton: (979) 652-5246. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. 420 (S.B. 1, eff. September 1, 2017. Added by Acts 1999, 76th Leg., 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. 312, Sec. January 1, 2020. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. 463 (H.B. 743 (H.B. 1506, Sec. September 1, 2013. 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. Art. 17.141. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par District Clerk | Andrews County, TX (d) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 34, eff. %PDF-1.7 }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 1, eff. 221 (H.B. A bail bond must contain the following requisites: 1. Acts 2011, 82nd Leg., R.S., Ch. 20, eff. Art. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. 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. Sept. 1, 1995. Sept. 1, 1991. (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. Added by Acts 1977, 65th Leg., p. 1525, ch. 1, eff. {\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}} Acts 2019, 86th Leg., R.S., Ch. (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. 6. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. (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. Art. }{\plain \fs24 \*\cs1 By: _______________________________ \par 3751), Sec. 284(45), eff. 2730), Sec. Art. (d) A capias for the arrest of the accused is not required if: (1) a warrant has been issued for the accused's arrest and remains outstanding; or. 2, eff. 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. REQUISITES OF A PERSONAL BOND. Sept. 1, 1969. PDF 2019 Bail Bond Handbook Texas Association of Counties Sec. (c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline Acts 2011, 82nd Leg., R.S., Ch. 0_b Sample California motion to vacate default judgment under ccp section 473 Judgment and decree Cpc final views Viewers also liked (20 Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron. Motion - Defendants motion to modify bond condition July 23, 2019

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