motion to modify bond conditions texas

{\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}} (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. 1. II. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. 2, eff. 1506), Sec. (3) include any information other than the information listed in Subsection (b). (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. 3, eff. September 1, 2017. Acts 2021, 87th Leg., 2nd C.S., Ch. December 2, 2021. 346), Sec. How to Extend, Reinstate, Change, or Cancel a Protection Order (d) The victim of the offense need not be present when the order for emergency protection is issued. 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. 122 (H.B. January 1, 2020. 942, Sec. Art. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Robert is always willing to consult with county officials concerning bail bond issues and any other legal issue impacting counties, sheriffs, and other county officials or employees. {\rtf1\ansi \deflang1033\deff0{\fonttbl AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. Acts 2021, 87th Leg., 2nd C.S., Ch. (i) If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full. Acts 2005, 79th Leg., Ch. Art. Sec. (3) except as provided by Subsection (b), the following oath sworn and signed by the defendant: "I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.". {\*\cs2 \additive Default Para;} (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. Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses. 1, eff. }\pard \fs24 endobj 14, eff. 6), Sec. (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. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. (b) Only the court before whom the case is pending may release on personal bond a defendant who: (1) is charged with an offense under the following sections of the Penal Code: (B) Section 71.02 (Engaging in Organized Criminal Activity); (2) is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab OF __________COUNTY, TEXAS\par Conditions of bond in Texas and your criminal case. (e) The clerk of a court that issues an order described by Subsection (b) shall send a copy of the order to any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense at the person's last known address not later than the next business day after the date the court issues the order. Added by Acts 2011, 82nd Leg., R.S., Ch. 6. 1, eff. 17.43. Sept. 1, 2003. May 19, 2011. 2, eff. EXEMPT PROPERTY. 770 (H.B. 4, eff. Latrelle Noss Mouton v. The State of Texas Appeal from 114th District 284(57), eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par }\page 17.52. (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. 110, Sec. 5, 6 added by Acts 1995, 74th Leg., ch. 108 (S.B. 1352 (S.B. September 1, 2013. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T 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. 5, eff. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par September 1, 2017. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 14, Sec. Art. Added by Acts 2015, 84th Leg., R.S., Ch. I ask the court to conduct a hearing to modify the pretrial release conditions. 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. (2) a two-hour continuing education course. 17.49. 437 (H.B. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. (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. 17.152. 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. 2, eff. 1, eff. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. RECORDS OF BAIL. 17.53. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. }{\plain \fs24 \*\cs1 \par STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 3060), Sec. 44, eff. 1, Sec. {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline 1178), Sec. 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. A chief of police or sheriff who receives a copy of an order described by Article 17.51(a), or the chief's or sheriff's designee, shall, as soon as practicable but not later than the 10th day after the date the copy is received, enter information relating to the condition of release into the appropriate database of the statewide law enforcement information system maintained by the Department of Public Safety or modify or remove information, as appropriate. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. 787, Sec. 110 (S.B. 1412, Sec. (Dated ., and attested by the judge of the court, clerk, magistrate or sheriff.)". Sept. 1, 1999. 1006, Sec. 1506, Sec. 2, eff. 2.08, eff. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, 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, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. September 1, 2015. September 1, 2009. 11 (S.B. Sec. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> Acts 2005, 79th Leg., Ch. 3165), Sec. 2767), Sec. January 1, 2022. 8), Sec. 1576), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par 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. 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. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog Sept. 1, 1985. }\pard \fs24 cause and amending the terms and conditions of probation.\par }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 {\plain \fs24 \*\cs1 \par (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. 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. 930 (H.B. 8, eff. % (f) amended by Acts 1991, 72nd Leg., ch. The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. SHALL CERTIFY PROCEEDINGS. 3, eff. 2. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Art. . Acts 2017, 85th Leg., R.S., Ch. 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. (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. art. 17.23. (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. December 2, 2021. 2, p. 317, Ch. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tqr\tx9603 17.07. 661, Sec. (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.

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