motion to modify bond conditions texas

I ask the court to conduct a hearing to modify the pretrial release conditions. {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par Sept. 1, 1995. 17.41. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. 3751), Sec. (h) The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. VSr}_}^.8ol92SA1; 0 wi]"q-=&)w146Yh*QZvjh#u:?ESJPyy\u{"_6Rmc^Z#h/-+bq8u217zIAdP[2yhh!C@[L#eOZOVs_6Gk = ncL!kT_[gg5ymZ/m}G +m4jjihswZ,M0o+_DkklX$q0!PAMk 74d>tEYZC|@,=:YrK*:0,?1h,@ 982 (H.B. 3. 17.027. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. 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. Art. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Phone \par }{\plain \fs24 \*\cs1 \par (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. 14.21, eff. Added by Acts 1993, 73rd Leg., ch. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This subsection expires May 1, 2023. 1, eff. A>KO%1u%X8cJ(o)?sj?Ia u-HOHgb+T8Qd0Ojt@~ BAIL BOND CERTIFICATES. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 3, eff. (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. 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. (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. (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. 748 (S.B. (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. }\pard \fs24 1506, Sec. 34, Sec. (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. 351), Sec. 11 (S.B. (j) amended by Acts 2003, 78th Leg., 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. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline Sept. 1, 1989. 312, Sec. September 1, 2021. Art. September 1, 2017. The Court further finds that agreement has been reached between the parties whereupon the Probationer's terms and conditions of probation be modified by extending the term of probation for one (1) year. His . {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par Sec. markstevenslaw.com/wp-content/uploads/2019/05/9bad2725-7686-403c-a942-6b49d73e4c11motion-to-amend-conditions-of-bond.pdf, Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_6) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/15.5 Safari/605.1.15. (d) Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding: (1) the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article; (5) the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence; and. (a) A personal bond pretrial release office established under this article shall: (1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case; (2) update the record on a monthly basis; and. 17.19. 2, Sec. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. fees.\par Acts 2007, 80th Leg., R.S., Ch. 6), Sec. 2.08, eff. Art. Sept. 1, 1991. }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 (b), (c) amended by Acts 2001, 77th Leg., ch. probation for the one (1) year period requested by the Probationer, the Probationer could be \softline }\page Art. 1. 3, eff. 736 (H.B. (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. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. Art. Acts 2017, 85th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par Sec. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. }{\plain \fs24 \*\cs1 \par 977 (H.B. (b) In preparing a record under Subsection (a), the office shall include in the record a statement of: (1) the offense with which the person is charged; (2) the dates of any court appearances scheduled in the matter that were previously unattended by the person; (3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release; (4) whether the person has failed to comply with conditions of release on personal bond; and. 374, Sec. 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. 942, Sec. 1562), Sec. 17.06. 17.024. Sept. 1, 1989. 654 (H.B. 906, Sec. At that time, the magistrate shall conduct the hearing and make the determination required by this article. June 17, 2011. Art. Depending on the jurisdiction, the prosecutors may or may not oppose the change. Art. September 1, 2009. 17.35. Answer Jury Summons. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 REPORTING OF CONDITIONS. 11 (S.B. Added by Acts 2005, 79th Leg., Ch. Art. 978 (H.B. 1, eff. BAIL IN FELONY. 14, Sec. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline 284(45), eff. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par 1, eff. IN CASE OF NO ARREST. Travis County. (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. 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. Sept. 1, 1985. Aug. 28, 1967. ELECTRONIC FILING OF BAIL BOND. 17.30. September 1, 2017. 5. Amended by Acts 1997, 75th Leg., ch. 722. (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. 3, eff. IOQD }E+ @.T)n )`R>_#/:ldT1|t=](2 l< %0 0M(v1 =b Art. Defendant requests permission to travel to Denver, Colorado. 2, eff. Renumbered from art. Sept. 1, 2003. (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. }{\plain \fs24 \*\cs1 _______________\par PUBLIC SAFETY REPORT. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. (b) amended by Acts 1997, 75th Leg., ch. 11.20, eff. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. 4. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. 2, eff. 3, eff. December 2, 2021. }{\plain \fs24 \*\cs1 \par Art. Acts 2009, 81st Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 {\*\pnseclvl9\pnlcrm\pnstart1} Acts 2013, 83rd Leg., R.S., Ch. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 437 (H.B. 1, eff. 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. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Repealed by Acts 2005, 79th Leg., Ch. Acts 1965, 59th Leg., vol. Added by Acts 2009, 81st Leg., R.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. The magistrate shall make a separate record of the service in written or electronic format. (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. Sept. 1, 2003. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. effect.\par STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 1276 (H.B. (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. %PDF-1.7 (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. 1, eff. (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. Current 109th Court Standing Orders. June 14, 2013. 2, eff. September 1, 2005. stream 610, Sec. 17.028. subjected to a revocation of probation at a later date, which would not have been possible without \softline 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. Added by Acts 1995, 74th Leg., ch. That it be made payable to "The State of Texas"; 2. 736 (H.B. Free preview Motion To Modify Bond Conditions Texas. __________________\par June 14, 1995; Acts 1995, 74th Leg., ch. 17.031. }{\plain \fs24 \*\cs1 \par Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} (a) In this article: (1) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. (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. 3, eff. 17.071. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. be able to pay all amounts ordered by this Court.\par 1, eff. 17.32. 1 0 obj 658, Sec. Sec. }{\info{\title }{\author MD}{\operator MD} (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. Art. Art. January 1, 2020. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par Acts 2011, 82nd Leg., R.S., Ch. 17.47. Acts 2005, 79th Leg., Ch. Sec. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab \tab \tab OF __________COUNTY, TEXAS\par 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. Amended by Acts 1967, 60th Leg., p. 1736, ch. 17.45. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. Sec. 346), Sec. Art. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. 2. September 1, 2017. }\pard \fs24 Copyright 1999 2023 GoDaddy Operating Company, LLC. 11 (S.B. 6), Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 17.152. }{\plain \fs24 \*\cs1 By: _______________________________ \par POSTTRIAL ACTIONS. Added by Acts 1977, 65th Leg., p. 1972, ch. 942, Sec. RULES APPLICABLE TO ALL CASES OF BAIL. June 17, 2011. 1070), Sec. (a) amended by Acts 2003, 78th Leg., ch. (b), (c) amended by Acts 1997, 75th Leg., ch. The Defendant is incarcerated in the El Paso County Detention Facility. 1, eff. ACCUSED LIBERATED. Aug. 29, 1977. into an Order of this Court.\par Acts 1965, 59th Leg., vol. June 20, 2003; Subsec. 7.002(e), eff. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. 17.153. 3 0 obj September 1, 2019. 221 (H.B. 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. 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. 346), Sec. Motion to Set Aside Bond Forfeiture Prior to Civil Suit Motion to Substitute Bond Motion to Substitute Counsel Motion to Withdraw Counsel Motion and Order to have Defendant Examined for Competency Order Refunding Cash Bond Plea of Guilty - No Good Conduct Time for Violent Offenders (per Governor's COVID-19 Emergency Order) (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. 17.43. 2, eff. Such affidavit shall be filed with the papers of the proceedings. }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par Added by Acts 2021, 87th Leg., R.S., Ch. 770 (H.B. Added by Acts 1985, 69th Leg., ch. 17.31. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. June 17, 2011. September 1, 2017. 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. 1080, Sec. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. January 1, 2022. July 1, 1978. 110 (S.B. document.write(new Date().getFullYear()) 66 (S.B. 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. 1352 (S.B. Sept. 1, 1999. }{\plain \fs24 \*\cs1 \par 17.025. Part 1 Drafting the Motion Download Article 1 Identify which condition you want to modify. ZDU\gKczBUWQUj Art. to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline (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). September 1, 2021. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par 17.141. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. 3, eff. 930 (H.B. 2, eff. September 1, 2015. Sept. 1, 1991; Subsec. September 1, 2007. }{\plain \fs24 \*\cs1 [FAX]\par 6), Sec. (2) Section 25.02 (Prohibited Sexual Conduct). 1, eff. 1, Sec. January 1, 2020. Added by Acts 1999, 76th Leg., ch. Art. (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (4) the attorney representing the state. 1540), Sec. September 1, 2009.

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