537, Sec. REQUISITES OF A PERSONAL BOND. 17.033. Aug. 28, 1995; Subsec. }\pard \fs24\sl480\slmult1 If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. 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. 1350 (H.B. 232 (H.B. Jan. 28, 1997. 2, eff. 3. Added by Acts 2015, 84th Leg., R.S., Ch. 17.38. View All /QuickLinks.aspx. September 1, 2015. 221 (H.B. The magistrate shall make a separate record of the service in written or electronic format. 1146 (H.B. 224 (H.B. 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. Sept. 1, 1991; Subsec. }\pard \fs24\qc\sl480\slmult1 A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ 5, eff. (d) added by Acts 2003, 78th Leg., ch. (c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest. Subsec. 3.06, eff. 769 (H.B. 4, eff. A defendant unable to make the bail set by the court might file a motion to modify in the hope of persuading the judge to set a lower bail. S>f. }{\plain \fs24 \*\cs1 \par Acts 2021, 87th Leg., 2nd C.S., Ch. 1, eff. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline 1326), Sec. Sept. 1, 1995. (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. (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. 17.027. (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. 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. Sec. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. His . ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. }}. }\pard \fs24\sl480\slmult1 (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. }\pard \fs24\qc (signature of defendant).". Sept. 1, 1999. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Subsecs. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney\par be able to pay all amounts ordered by this Court.\par (d) The victim of the offense need not be present when the order for emergency protection is issued. January 1, 2022. IT IS ORDERED that the followingStandard Felony Bond Conditions shall apply to any Bond posted by the . (l) In the order for emergency protection, the magistrate shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the defendant. 375), Sec. 6), Sec. cause and amending the terms and conditions of probation.\par September 1, 2017. Art. 3, eff. 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. ordered the Probationer to pay a $______________ fine, $___________ court costs, and probation \softline (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. (d) 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. The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). 2, eff. Motion for New Trial; Motion to Modify; Motion to Revoke Stay of License Suspension; Motion to Transfer; . 284(46), eff. 1174 (S.B. 2182), Sec. 1. (2) Section 25.02 (Prohibited Sexual Conduct). All other terms and conditions of probation ordered on , shall remain in full force and \softline CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. "Modify" is simply another word for "change." Acts 2011, 82nd Leg., R.S., Ch. (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 party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. into an Order of this Court.\par Buy now. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 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. 982 (H.B. Sept. 1, 1999; Subsecs. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, 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, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. September 1, 2017. 828, Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440 PUBLIC SAFETY REPORT SYSTEM. 588, Sec. (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. 599), Sec. Art. %PDF-1.7 }\pard \fs24\sl480\slmult1 515 (H.B. 1488), Sec. The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness. Acts 2019, 86th Leg., R.S., Ch. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. 1276 (H.B. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. (2) delivered to the office of the prosecuting attorney. 3692), Sec. EXEMPT PROPERTY. June 17, 2011. Acts 2019, 86th Leg., R.S., Ch. 4, eff. (B) involves violence directed against a peace officer. 1, eff. Aug. 30, 1971. Added by Acts 2001, 77th Leg., ch. Courts can monitor whether defendants obey their bond conditions in several ways. Acts 2011, 82nd Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline 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. Acts 1965, 59th Leg., vol. 1506, Sec. 2499), Sec. Current 109th Court Standing Orders. Added by Acts 1969, 61st Leg., p. 2033, ch. 1, eff. (c) A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person: (1) is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and. . }\pard \fs24 }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 3. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. 3. (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. P840 Conditions of bond in Texas and your criminal case. }{\plain \fs24 \*\cs1 \par 11 (S.B. Amended by Acts 1987, 70th Leg., ch. 2 0 obj 11 (S.B. 2. The Defendant is charged with SNIVELING IN PUBLIC. SECURITY OF WITNESS. Acts 2017, 85th Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 9. Sept. 1, 1997; Subsecs. 2, eff. P %_;b. 375), Sec. Acts 2011, 82nd Leg., R.S., Ch. 4. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. 318, Sec. Subsec. }\pard \fs24 110 (S.B. 1276, Sec. Art. 9, eff. January 1, 2022. SHALL CERTIFY PROCEEDINGS. June 17, 2011. (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. Probationer. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence 1070), Sec. Acts 2017, 85th Leg., R.S., Ch. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. 654 (H.B. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par art. (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. endobj September 1, 2017. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. Acts 2017, 85th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \par (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. 2, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline OFFICERS TAKING BAIL BOND. 1849), Sec. 361 (S.B. Added by Acts 1989, 71st Leg., ch. September 1, 2005. Acts 2005, 79th Leg., Ch. Acts 2005, 79th Leg., Ch. 4, eff. 2, eff. 736 (H.B. 4. 17.50. 10(a), eff. }{\plain \fs24 \*\cs1 \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. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. Art. 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. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1987, 70th Leg., ch. (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, p. 317, ch. 420 (S.B. Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent's last known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. 1801), Sec. First, the Defendant does not have a criminal history. }{\plain \fs24 \*\cs1 [FAX]\par 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. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. RECORDS OF BAIL. }\pard \fs24 Sept. 1, 1999. (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. June 20, 2003; Subsec. Each surety listed under this article must file annually a sworn financial statement with the sheriff. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. SUFFICIENCY OF SURETIES ASCERTAINED. 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. CHARITABLE BAIL ORGANIZATIONS. 2.05, eff. 17.01. The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion, typically a motion for bond reduction to lower the bail needed. (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. Many defendants fail to understand that a judge can quickly return them to jail if bond conditions are violated. {\plain \fs24 \*\cs1 \par 20, eff. Sept. 1, 1985. 3. Texas, on the _______ day of _______________, 200___.\par June 18, 2003. Sept. 1, 2001; Subsecs. 17.03. 6), Sec. 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. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. 17.081. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent (b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. }{\plain \fs24 \*\cs1 State Bar No. }\pard \fs24 (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 $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. Acts 2021, 87th Leg., 2nd C.S., Ch. January 1, 2016. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Art. (a), (b) amended by Acts 1997, 75th Leg., ch. Aug. 29, 1977. }\pard \fs24 December 2, 2021. 1, eff. 17.42 by Acts 1991, 72nd Leg., ch. Acts 2021, 87th Leg., 2nd C.S., Ch. <> DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (b) A personal bond is not required to contain the oath described by Subsection (a)(3) if: (1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article; (2) the defendant is released on personal bond under Article 17.032; or. (i) amended by Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. 17.0501. Art. 4, eff. (b) amended by Acts 2003, 78th Leg., ch. \pard \fs24\qc (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. }\page xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n Art. (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. Call Us Today! It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. Acts 2011, 82nd Leg., R.S., Ch. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. The Defendant is incarcerated in the El Paso County Detention Facility. September 1, 2009. $x@ohzr7cp#`:B. 2 amended by Acts 1999, 76th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. Pearland: (832) 536-9547. Art. Art. Amended by Acts 1999, 76th Leg., ch. 2, eff. 4, eff. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> April 5, 2001. Secs. Acts 2007, 80th Leg., R.S., Ch. 3582), Sec. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. 11, eff. 3, eff. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). September 1, 2017. {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline (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. (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. 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. }{\plain \fs24 \*\cs1 \par Acts 2005, 79th Leg., Ch. 1, eff. (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. (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. 14.20, eff. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 437 (H.B. 3000), Sec. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or.
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