17.022. }\pard \fs24 (7) the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential. 4, eff. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. Sept. 1, 2003. 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. Acts 2007, 80th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 6), Sec. 312, Sec. 1849), Sec. The Defendant's writ/motion /request to set bond, lower bond, and/or contest the legal authority of . (b) amended by Acts 1999, 76th Leg., ch. Added by Acts 1989, 71st Leg., ch. 232 (H.B. 17.023. Renumbered from art. Art. June 14, 1995. Sept. 1, 1999. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. RD . 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. Most states provide specific forms to complete. Art. 17.19. (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. into an Order of this Court.\par 3 0 obj (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. 66 (S.B. 877), Sec. amend the terms and conditions of probation in this cause and in support thereof would show the \softline 1, eff. }\pard \fs24\sl480\slmult1 {\plain \fs24 \*\cs1 \par 3, eff. 4 (S.B. (1) the personal bond office established under Article 17.42for 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 17.021to Art. Sept. 1, 1989. 34 (S.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. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. (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. 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. 420 (S.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. 3751), Sec. Sec. II. CONDITION WHERE CHILD ALLEGED VICTIM. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. ORDER ON STATE'S MOTION TO INCREASE BOND AND AMEND BOND CONDITIONS On this the _____ day of _____, 2019, the State's Motion to Increase Bond and Amend Bond Conditions was presented to the Court. May 11, 2007. Sept. 1, 2003. 17.25. }{\plain \fs24 \*\cs1\b\ul AND CONDITIONS OF PROBATION\par }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tqr\tx9603 }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 2, eff. (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. }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline 1275, Sec. September 1, 2007. 1557), Sec. 346), Sec. Acts 2017, 85th Leg., R.S., Ch. }\pard \fs24\sl480\slmult1 Acts 2021, 87th Leg., 2nd C.S., Ch. Austin-Travis County's COVID-19 Community Level is currently Low. 9. Acts 2019, 86th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \par Access from your Country was disabled by the administrator. Acts 1965, 59th Leg., vol. (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. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. (2) offered by an accredited institution of higher education in this state. (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. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par September 1, 2017. The power to require bail is not to be used to make bail an instrument of oppression. September 1, 2013. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. 4.03, eff. 910), Sec. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). 1326), Sec. 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. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} (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. 11 (S.B. 3, eff. 17.32. }{\plain \fs24 \*\cs1 \par CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. 748 (S.B. 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). (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) 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. 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. 17.16. 17.31. 593 (H.B. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. (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. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. Acts 2019, 86th Leg., R.S., Ch. 5, eff. Added by Acts 2021, 87th Leg., 2nd C.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. "Modify" is simply another word for "change." September 1, 2021. (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. 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. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par Acts 2011, 82nd Leg., R.S., Ch. 45, eff. On the other hand, a prosecutor who does not want to see a defendant released might file a motion to modify asking the judge to increase the defendant's bail. 7.002(f), eff. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. Acts 2011, 82nd Leg., R.S., Ch. 112), Sec. (l) This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. (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. Acts 2017, 85th Leg., R.S., Ch. 4, eff. Art. All rights reserved. 2, eff. (d) amended by Acts 1999, 76th Leg., ch. "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. (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. In support of this Motion, the Defendant would like the Court to consider the following items. Art. September 1, 2005. 906, Sec. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T 1113 (H.B. }\pard \fs24 }{\plain \fs24 \*\cs1 \par 3, eff. Repealed by Acts 2005, 79th Leg., Ch. (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. 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. 1, eff. 6), Sec. September 1, 2019. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. September 1, 2011. Sec. September 1, 2011. (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. (b), (c) amended by Acts 2001, 77th Leg., ch. 2.02, eff. 11 (S.B. 722. 463 (H.B. cause on ________________, for the offense of ________________________. (e) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the verification of the incarceration of the accused. 787, 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).
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