2, eff. 9. Sept. 1, 1989. Acts 2017, 85th Leg., R.S., Ch. Art. Acts 2011, 82nd Leg., R.S., Ch. TRAINING ON DUTIES REGARDING BAIL. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. 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. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. PDF Motion to Increase or Modify Bond Conditions - Texas District & County June 20, 1987; Subsec. The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; 6. The interest of justice would best be served by leaving the Probationer on probation in this \softline }{\plain \fs24 \*\cs1 \par 17.27. Sept. 1, 1991; Subsec. 2. 2, eff. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ Art. (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. }\pard \fs24 1, Sec. Sec. 1823), Sec. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN 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, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. Sample Bail Bond Related Criminal Law Motions - SlideShare Such affidavit shall be filed with the papers of the proceedings. September 1, 2021. 17.44. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline Subsec. 2. (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. What does a motion to modify bail? - Legal Answers - Avvo 654 (H.B. 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. Angleton: (979) 652-5246. 420 (S.B. 1. 2, eff. Subsec. Art. 4.03, eff. September 1, 2015. September 1, 2011. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project Sept. 1, 2001. Acts 2007, 80th Leg., R.S., Ch. period of one (1) year to expire on ____________________ pursuant to the request of the \softline stream art. Acts 1965, 59th Leg., vol. (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. If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. (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. May 11, 2007. Free preview. (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. 17.30. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. 570), Sec. 1557), Sec. 3, eff. }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 December 2, 2021. 537, Sec. Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court.\par {\*\pnseclvl9\pnlcrm\pnstart1} (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. RECORDS OF BAIL. Jan. 28, 1997. Acts 2021, 87th 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. 5, eff. (f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. }{\plain \fs24 \*\cs1 Asst. 748 (S.B. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par 49), Sec. 76, Sec. }{\plain \fs24 \*\cs1 State Bar No. 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. E-File Tips (PDF) Standing Order - Felony Bond Conditions. 1849), Sec. 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. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par 2, p. 317, ch. June 16, 1991. 4, eff. To reduce DWI driving on Texas roadways, legislative statutes have been passed that mandate DWI offenders install an IID as a condition of bond and/or probation if he or she meets certain criteria. 8), Sec. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? 1070), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 16, Sec. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail. 11 (S.B. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. }{\plain \fs24 \*\cs1 [FAX]\par If you have been charged . 737), Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par 17.033. cause on ________________, for the offense of ________________________. 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). (e) In this article, a person is considered to have been convicted of an offense if: (2) the person is placed on community supervision or receives deferred adjudication; or. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline 3 0 obj {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par (a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. 110 (S.B. Art. 424, Sec. January 1, 2016. 2, eff. 955 (S.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 A defendant must obey bond conditions or risk being jailed again. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1985. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 17.027. . (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. Art. 3. }\pard \fs24\qc\sl480\slmult1 463 (H.B. Sept. 1, 1999. amend the terms and conditions of probation in this cause and in support thereof would show the \softline (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. Sec. 1047, Sec. (b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 June 17, 2011. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. Sec. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. II. Art. %PDF-1.7 (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is released; and. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> Amended by Acts 1967, 60th Leg., p. 1736, ch. 6), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. 3692), Sec. 17.12. Art. (f) A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System. CASPER MOTION TO REDUCE BOND TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, CASPER, Defendant, by and through his attorney, and moves the court to reduce bond in said cause for the following reasons: I. 374, Sec. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par (B) involves violence directed against a peace officer. September 1, 2009. December 2, 2021. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 17.08. 2, eff. 17.36. Tarrant County Magistration | Arraignment | How Long to Make Bond? probation for the one (1) year period requested by the Probationer, the Probationer could be \softline

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