110 (S.B. 163 (S.B. 17.35. 7, eff. 11 (S.B. Acts 2017, 85th Leg., R.S., Ch. 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. Sept. 1, 1985. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. 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 . 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. (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. I am without means to pay ______ and I hereby request that an appropriate bail be set. (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. January 1, 2016. 1352 (S.B. 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. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense: (A) is an offense involving violence as defined by Article 17.03; or. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 17.08. BAIL BOND CERTIFICATES. 2, eff. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. 3.10, eff. 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par E-File Tips (PDF) Standing Order - Felony Bond Conditions. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. 5.01(a), eff. PDF Universal Texas Dwi Bond Condition Schematic (a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. NOTICE OF CONDITIONS. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. (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. To modify these conditions, you need to file a motion with the court. (3) demand surrender of the suspended license from the license holder. 17.16. September 1, 2015. 3. Court the following:\par Acts 2017, 85th Leg., R.S., Ch. (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. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. P %_;b. }\pard \fs24 }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par 110 (S.B. 3. 17.294. How to File for a Modification of Bond Conditions - WikiHow Acts 2015, 84th Leg., R.S., Ch. Angleton: (979) 652-5246. September 1, 2013. (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. }{\plain \fs24 \*\cs1 \par 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). Acts 2011, 82nd Leg., R.S., Ch. January 1, 2022. The court may waive the fee or assess a lesser fee if good cause is shown. 66 (S.B. Acts 2011, 82nd 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. 17.291. Art. 11.20, eff. Art. Subsecs. December 2, 2021. 90 (S.B. Added by Acts 1989, 71st Leg., ch. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par SURRENDER IN VACATION. 298, Sec. This subsection expires May 1, 2023. Art. ORDER SETTING BOND AMOUNT & CONDITIONS . {\*\cs2 \additive Default Para;} }{\plain \fs24 \*\cs1 ATTORNEYS AT LAW\par View the latest COVID-19 information. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary 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. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 618, Sec. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. June 17, 2011. The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner. 2.02, eff. 20, eff. (2) the sheriff of the county where the defendant resides. 9, eff. }{\plain \fs24 \*\cs1 State Bar No. 1. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 4, eff. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par <> (2) not operate any motor vehicle unless the vehicle is equipped with that device. SUFFICIENCY OF SURETIES ASCERTAINED. 17.04. (b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county. 3 0 obj July 1, 1978. }{\plain \fs24 \*\cs1 \par June 17, 2005. (d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days. 3, eff. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? 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. Art. PDF Motion to Increase or Modify Bond Conditions - Texas District & County 17.38. 6(a), eff. amend the terms and conditions of probation in this cause and in support thereof would show the \softline Art. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. 232 (H.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 $x@ohzr7cp#`:B. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project 1, Sec. Buy now. (f-1), (f-2), (n) added and Subsec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par Art. (2) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. (2) a nonprofit corporation organized for a religious purpose. Sept. 1, 1993. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 76, Sec. The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. bail bonds rules and regulations; motion to set bond sample; motion to modify bond conditions texas; out on bond rules; how long do bond conditions last; article 17.19 texas code of criminal procedure; felony bond conditions; what does bail type magistrate set mean (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. June 17, 2011. (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. }\pard \fs24\qc A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. September 1, 2021. Sept. 1, 2001. II. June 16, 1991. 14, eff. {\plain \fs24 \*\cs1 \par (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. Sept. 1, 1991; Subsec. Art. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par 17.28. Art. 1298 (H.B. 5(a), eff. 515 (H.B. Texas Criminal Forms | LexisNexis Store 463 (H.B. markstevenslaw.com/wp-content/uploads/2019/05/9bad2725-7686-403c-a942-6b49d73e4c11motion-to-amend-conditions-of-bond.pdf, Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_6) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/15.5 Safari/605.1.15. SURETY MAY OBTAIN A WARRANT. 17.152. 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. 17.07. 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.