motion to modify bond conditions texas

1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Art. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. Free preview Motion To Modify Bond Conditions Texas. 3. 736 (H.B. Commissioners Court session in progress. (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. (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. 4, eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\par January 1, 2016. 1, eff. (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. (b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Acts 2021, 87th Leg., 2nd C.S., Ch. Motion and Order to Amend Bond. PERSONAL BOND. The pretrial release conditions should be modified as follows: 4. 5, eff. Added by Acts 1977, 65th Leg., p. 1972, ch. 1352 (S.B. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], The court may waive the fee or assess a lesser fee if good cause is shown. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline (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. December 2, 2021. 882), Sec. Art. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999; Subsecs. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. September 1, 2013. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, or 49.06, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code: (1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and. ]Z(N The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. 17.091. CHANGE OF ADDRESS OR . 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. Sept. 1, 1991; Subsec. 722. WHEN BAIL IS NOT GIVEN. Acts 2021, 87th Leg., 2nd C.S., Ch. CORPORATION AS SURETY. 351), Sec. September 1, 2005. 3, eff. {\plain \fs24 \*\cs1 \par (2) requests the assistance of counsel, appointed or retained. September 1, 2019. Travis County. 1823), Sec. Added by Acts 1989, 71st Leg., ch. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. 1, eff. 17.18. Art. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ___________________________________\par June 17, 2011. 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. September 1, 2005. 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. }\pard \fs24 Free preview. }{\plain \fs24 \*\cs1 \par 1, eff. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (d) added by Acts 2003, 78th Leg., ch. Art. 7, eff. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 Sept. 1, 1999. 375), Sec. 0_b September 1, 2021. 76, Sec. 599), Sec. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. A motion needs to be filed with the court and served on the prosecutor to change the conditions of the bond from no contact to no violent contact. Art. 1276 (H.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. 17.07. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. Art. }{\plain \fs24 \*\cs1 \par }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 His . June 14, 1995; Acts 1995, 74th Leg., ch. Courts can monitor whether defendants obey their bond conditions in several ways. }\pard \fs24\sl480\slmult1 As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. 1, eff. Austin-Travis County's COVID-19 Community Level is currently Low. (f) amended by Acts 1991, 72nd Leg., ch. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE }{\plain \fs24 \*\cs1 \par 11 (S.B. 17.03. (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. The magistrate shall make a separate record of the service in written or electronic format. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. 1506), Sec. (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. 346), Sec. {\plain \fs24 \*\cs1 \par P840 2.05, eff. 318, Sec. 1275), Sec. (2) current on all filings required by the Internal Revenue Code. (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. 1, eff. September 1, 2009. }\pard \fs24 }\pard \fs24\qc 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. 1, eff. 110, Sec. REPORTING OF CONDITIONS. (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. Examples of bond terms that a defendant may want to have changed during the case: Removal of a travel restriction that prevents the defendant from leaving the county Change to a no-contact order Deletion of a restriction on the use of electronic devices 1, eff. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. 4, eff. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. Added by Acts 1985, 69th Leg., ch. 11 (S.B. Art. (a) amended by Acts 1995, 74th Leg., ch. 3751), Sec. (2) delivered to the office of the prosecuting attorney. 1, eff. '@o`2!Y uh2dh2V ] 769 (H.B. Check with your local state and county courts to see if they are available. $x@ohzr7cp#`:B. Sept. 1, 1994. 736 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2, p. 317, Ch. }{\plain \fs24 \*\cs1 State Bar No. 3000), Sec. Amended by Acts 1997, 75th Leg., ch. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. 6), Sec. 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 . 374, Sec. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? A bail bond must contain the following requisites: 1. Aaron A. Martinez JRachelle awasalam Memorandum in Support of the Motion JRachelle 17.35. 2499), Sec. 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. (e) In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article. 722. Subsecs. (m) Notwithstanding Subsection (a), a magistrate 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). (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. I am without means to pay ______ and I hereby request that an appropriate bail be set. Art. Acts 2009, 81st Leg., R.S., Ch. 1801), Sec. 11 (S.B. Jan. 28, 1997. When drafting a motion to . Preview (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. September 1, 2011. SHALL CERTIFY PROCEEDINGS. (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). Art. The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county. <> (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. 1, eff. 2, eff. Art. (B) involves violence directed against a peace officer. (13) Section 20A.03 (continuous trafficking of persons). Amended by Acts 1987, 70th Leg., ch. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. document.write(new Date().getFullYear()) \pard \fs24\qc Acts 2007, 80th Leg., R.S., Ch. BAIL DECISION. }\pard \fs24 (B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 2, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 All general rules in the Chapter are applicable to bail defendant before an examining court. (i-1) The copy of the order and any related information may be sent under Subsection (h) or (i) electronically or in another manner that can be accessed by the recipient. 17.43. Art. 3, eff. 593 (H.B. ordered the Probationer to pay a $______________ fine, $___________ court costs, and probation \softline LIVe1j`iASS^N/Q.m dE:En 17.34. September 1, 2011. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. cause and amending the terms and conditions of probation.\par

Cyndi Robinson Steve Wright Wife, Sally Bowles Monologue, Where Is Kevin Weeks Now, Medaria Arradondo Head Injury, Articles M