769 (H.B. {\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}} September 1, 2021. (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. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. }{\plain \fs24 \*\cs1 [FIRM NAME]\par (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. 4, eff. 618, Sec. Art. Sept. 1, 1989. (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. Texas Bond Reduction Attorneys. 3000), Sec. }{\plain \fs24 \*\cs1 ATTORNEYS AT LAW\par Many defendants fail to understand that a judge can quickly return them to jail if bond conditions are violated. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. September 1, 2019. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Latrelle Noss Mouton v. The State of Texas Appeal from 114th District Court of Smith County cause on ________________, for the offense of ________________________. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Added by Acts 2001, 77th Leg., ch. {\plain \fs24 \*\cs1 \par 593 (H.B. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. 5, eff. 2, p. 317, ch. 17.27. 20, eff. Added by Acts 2007, 80th Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (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. 593 (H.B. }\pard \fs24\qc\sl480\slmult1 Acts 2015, 84th Leg., R.S., Ch. PROCEDURES AND FORMS RELATED TO MONETARY BOND. 20, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 2767), Sec. Seeking a Modification of Bond Terms in a Criminal Case 312, Sec. September 1, 2009. 1, eff. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence Added by Acts 1985, 69th Leg., ch. 1, eff. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> Acts 2005, 79th Leg., Ch. (4) possessing a firearm, unless the person is 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. How to Extend, Reinstate, Change, or Cancel a Protection Order Acts 2009, 81st Leg., R.S., Ch. Art. June 20, 2003; Subsec. (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. September 1, 2021. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ 17.141. Motion to Modify - BOND CONDITIONS November 25, 2020 DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. 4, eff. A bail bond must contain the following requisites: 1. 1, eff. 17.28. June 18, 2003. December 2, 2021. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. (e) amended by Acts 2003, 78th Leg., ch. Sept. 1, 2003. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. and probation fees, but with an extension of one (1) year in the term of probation, the Probationer \softline The bond conditions are noted in triplicate with a copy that the accused signs. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 11 (S.B. Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. 2, eff. Austin-Travis County's COVID-19 Community Level is currently Low. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. 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. September 1, 2007. 17.024. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. Acts 2021, 87th Leg., 2nd C.S., Ch. 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. Art. Acts 2019, 86th Leg., R.S., Ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. RULES APPLICABLE TO ALL CASES OF BAIL. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. 1, eff. 221 (H.B. (a) amended by Acts 1999, 76th Leg., ch. 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. 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. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. 6), 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. {\plain \fs24 \*\cs1 \par 2, eff. The judgment \softline September 1, 2011. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline }{\plain \fs24 \*\cs1 \par Sept. 1, 1989. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3, eff. Preview 17.291. Sec. 1, eff. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par Acts 2011, 82nd Leg., R.S., Ch. 2. View All /QuickLinks.aspx. December 2, 2021. The ability to make bail shall be considered, and proof may be taken on this point. 768, Sec. 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. 13, eff. Free preview Motion To Modify Bond Conditions Texas. to Modify and Extend Terms of Probation. 17.085. 3. June 17, 2011. Sept. 1, 2001; Subsecs. 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. 882), Sec. % Art. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par P %_;b. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 District Clerk | Andrews County, TX You might also want to cancel the protection order completely. 2, eff. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. {\plain \fs24 \*\cs1\b CAUSE NO. Art. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2022. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Texas Judicial Branch Self-Help. 1, eff. (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. December 2, 2021. September 1, 2013. 1658), Sec. (signature of defendant).". Aug. 26, 1991. RECORDS OF BAIL. 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. (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. Added by Acts 1989, 71st Leg., ch. WITNESSES TO GIVE BOND. Added by Acts 1995, 74th Leg., ch. Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. Added by Acts 2001, 77th Leg., ch. 1, eff. Overview of Texas Bond Conditions | Neal Davis Law Firm, PLLC 3, eff. 1823), Sec. The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements. }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par 2, eff. 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. September 1, 2015. All rights reserved. 14, Sec. 748 (S.B. (2) delivered to the office of the prosecuting attorney. 1341, Sec. Acts 2019, 86th Leg., R.S., Ch. 4, eff. A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01. Amended by Acts 1987, 70th Leg., ch. Sec. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer 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). 1, eff. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. 623, Sec. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline 14, Sec. (g) The Office of Court Administration of the Texas Judicial System shall promulgate a form for use by a magistrate or a magistrate's designee in providing notice to the defendant under Subsection (e). Art. 697, Sec. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par 593 (H.B. (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. 1006, Sec. 1, eff. 374, Sec. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. 977 (H.B. The Defendant is incarcerated in the El Paso County Detention Facility. (2) Section 25.02 (Prohibited Sexual Conduct). LIVe1j`iASS^N/Q.m dE:En 8), Sec. {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. 6), Sec. Acts 2021, 87th Leg., 2nd C.S., Ch. September 1, 2017. Sept. 1, 1999. 4, eff. ZDU\gKczBUWQUj DOC MTN FOR BOND REDUCTION [STANDARD] - El Paso County, Texas (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _______________________________\par 1, eff. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. Acts 2011, 82nd Leg., R.S., Ch. amend the terms and conditions of probation in this cause and in support thereof would show the \softline (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. (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. 17.032. 11 (S.B. (3) demand surrender of the suspended license from the license holder. }\pard \fs24 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. (3) the court defers final disposition of the case. (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. 1276 (H.B. 1080, Sec. Art. Sept. 1, 1991; Subsec. E-File Tips (PDF) Standing Order - Felony Bond Conditions. PUBLIC SAFETY REPORT. September 1, 2019. 936 (S.B. (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. September 1, 2015. (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. (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. Art. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. June 20, 2003; Subsec. Acts 1965, 59th Leg., vol. September 1, 2017. 2730), Sec. Renumbered from art. Art. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 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,@ CONDITION WHERE CHILD ALLEGED VICTIM. 17.18. 17.32. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 950 (S.B. }{\plain \fs24 \*\cs1 By: _______________________________ \par Sec. January 1, 2016. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. 17.40. 2, eff. (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Amended by Acts 1995, 74th Leg., ch. endobj If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. {\*\cs2 \additive Default Para;} art. (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. September 1, 2011. Art. Angleton: (979) 652-5246. Sept. 1, 1993. 4.01, eff. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. 284(46), eff. 942, Sec. Amended by Acts 1997, 75th Leg., ch. Court the following:\par (d) amended by Acts 2003, 78th Leg., ch. 11 (S.B. 194), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par 1228 (S.B. Art. (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. December 2, 2021. Art. Acts 2007, 80th Leg., R.S., Ch. (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.