2, eff. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. probation for the one (1) year period requested by the Probationer, the Probationer could be \softline Art. IN CASE OF NO ARREST. (b)(2) amended by Acts 1991, 72nd Leg., ch. 595, Sec. Defendant will be traveling out of state due to employment purposes. January 1, 2022. (f-1) A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System. 1, eff. 6), Sec. (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. Art. (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). Art. (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. 17.027. 420 (S.B. All rights reserved. Buy now. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. (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. }{\plain \fs24 \*\cs1 \par Sec. {\*\pnseclvl7\pndec\pnstart1{\pntxta .}} }\page 1, eff. 5, eff. 1, eff. offense of _____________. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline 654 (H.B. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. 2.09, eff. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 1113 (H.B. 9, eff. Art. 900, Sec. Amended by Acts 1971, 62nd Leg., p. 3046, ch. } 1, eff. Sept. 1, 1995. BAIL IN FELONY. Added by Acts 2001, 77th Leg., ch. Art. 3, eff. Art. (f) Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month: (3) the county in which the applicable charge is pending, if different from the county in which the bond was paid; and. (signature of defendant).". Art. 3, eff. 910), Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. 1849), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 5(a), eff. 11 (S.B. Art. A "Modification Hearing" is the process by which to make changes in your EPO. Subsec. 4 0 obj September 1, 2017. A defendant must obey bond conditions or risk being jailed again. League City: (281) 346-9373. . Added by Acts 1989, 71st Leg., ch. 17.025. 17.47 by Acts 2003, 78th Leg., ch. 1275, Sec. 17.294. 8), Sec. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. Art. {\plain \fs24 \*\cs1 \par xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n September 1, 2007. 1, eff. Added by Acts 1995, 74th Leg., ch. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. (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. Art. Acts 2009, 81st Leg., R.S., Ch. 17.292. {\plain \fs24 \*\cs1\b\ul AGREED MOTION TO MODIFY AND EXTEND\par Added by Acts 2021, 87th Leg., 2nd C.S., Ch. September 1, 2005. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. Sec. 11 (S.B. 17.15. (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. to Modify and Extend Terms of Probation. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. The judgment \softline Acts 2017, 85th Leg., R.S., Ch. December 2, 2021. Acts 1965, 59th Leg., vol. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. document.write(new Date().getFullYear()) 34, Sec. September 1, 2011. (f) To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection. }\page Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. 318, Sec. 7.002(e), eff. The Defendant is charged with SNIVELING IN PUBLIC. 3751), Sec. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. Sept. 1, 2001; Subsecs. Acts 2015, 84th 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. (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. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. Acts 2015, 84th Leg., R.S., Ch. 17.39. 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. The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this article. Art. 3 0 obj 17.50. September 1, 2017. (h) A defendant described by Subsection (f) may file an affidavit under Subsection (f) at any time before or during the bail proceeding under Subsection (a). Sec. Acts 2007, 80th Leg., R.S., Ch. 17.52. (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. $x@ohzr7cp#`:B. Acts 2011, 82nd Leg., R.S., Ch. 17.16. July 1, 1978. 324 (S.B. }{\plain \fs24 \*\cs1 \par 17.09. 2.04, eff. }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440 }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 May 5, 1997. PDF In the United States District Court for The District of Columbia United {\plain \fs24 \*\cs1 \par 2299), Sec. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. December 2, 2021. (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. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. 17.10. CORPORATION AS SURETY. \pard \fs24\qc 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. (d) added by Acts 2003, 78th Leg., ch. Motion to Modify - BOND CONDITIONS November 25, 2020 The affidavit must state: (1) the court and cause number of the case; (3) the offense with which the defendant is charged; (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. Sept. 1, 1999. Acts 2011, 82nd Leg., R.S., Ch. Art. December 2, 2021. 3165), 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. 1047, Sec. 1, eff. 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. LIVe1j`iASS^N/Q.m dE:En 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. To modify these conditions, you need to file a motion with the court. Added by Acts 1993, 73rd Leg., ch. 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. Secs. June 17, 2011. 656, Sec. 584), Sec. 2, eff. (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. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. }\pard \fs24 1, eff. Acts 2005, 79th Leg., Ch. September 1, 2009. an extension of probation.\par Art. 1, eff. (2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. Sec. 1352 (S.B. Motion and Order to Amend Bond. January 1, 2022. WHEN A BAIL BOND IS GIVEN. 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. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} 2.05, eff. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 14.21, eff. (f) In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial. }{\info{\title }{\author MD}{\operator MD} Sept. 1, 1999; Subsecs. 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. 14.20, eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\par STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 2, eff. 5, 6 added by Acts 1995, 74th Leg., ch. Repealed by Acts 2005, 79th Leg., Ch. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. All other terms and conditions of probation ordered on , shall remain in full force and \softline to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline REQUIRED TRAINING. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. September 1, 2011. May 11, 2007. 4), Sec. 877), Sec. Sec. Art. 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. }{\plain \fs24 \*\cs1 ATTORNEYS AT LAW\par (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. 17.032. Acts 2011, 82nd Leg., R.S., Ch. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. Amended by Acts 1991, 72nd Leg., ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 6(a), eff. (3) demand surrender of the suspended license from the license holder. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline (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. The citizenship status of the defendant shall be considered. 7.002(f), eff. Sept. 1, 1989. 11, eff. September 1, 2011. endobj endobj 2, eff. September 1, 2021. (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. 255 (H.B. (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. 4 (S.B. Sept. 1, 1999. '@o`2!Y uh2dh2V ] Acts 2021, 87th Leg., 2nd C.S., Ch. }{\plain \fs24 \*\cs1 \par 17.026. WITNESS MAY BE COMMITTED. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.".
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