1, eff. 20, eff. A request to modify a property settlement, child custody case, or alimony case requires filing a "motion to modify." This motion is filed with the same court where the divorce judgment was issued. Acts 2009, 81st Leg., R.S., Ch. (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. September 1, 2011. 1005), 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. (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. 17.41. 737), Sec. Renumbered from Vernon's Ann.C.C.P. (2) a nonprofit corporation organized for a religious purpose. (2) a two-hour continuing education course. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. (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. 4, eff. 17.032. Art. }\pard \fs24 Art. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline This subsection expires May 1, 2023. 163 (S.B. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Jan. 28, 1997. (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. 2, eff. 1, Sec. Sec. LIVe1j`iASS^N/Q.m dE:En 658, Sec. September 1, 2021. (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. Acts 2021, 87th Leg., 2nd C.S., Ch. (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. 2, eff. 4, eff. 1276 (H.B. stream {\plain \fs24 \*\cs1 \par 17.293. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par 3145 (b) and respectfully requests that he be released with certain conditions and supervision . Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1995. 2182), Sec. (d) added by Acts 2003, 78th Leg., ch. 2730), Sec. Acts 2017, 85th Leg., R.S., Ch. March 19, 1993. SURETIES SEVERALLY BOUND. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. Sept. 1, 1987. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Subsec. 4 0 obj (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. LIVe1j`iASS^N/Q.m dE:En Jan. 28, 1997; Subsec. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 Amended by Acts 1989, 71st Leg., ch. 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. Acts 2011, 82nd 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. Sept. 1, 1995. Art. The defendant and the defendant's sureties are not required to appear in court. "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. Art. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 2.05, eff. Art. }\pard \fs24\fi-1440\li1440\sl480\slmult1\tx720\tx1440 3, eff. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. . (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. CORPORATION AS SURETY. 17.294. Added by Acts 1985, 69th Leg., ch. 3582), Sec. September 1, 2015. MOTION TO AMEND CONDITIONS OF BOND TO THE HONORABLE JUDGE OF SAID COURT: Joe Smith moves this Honorable Court to amend conditions of his bond to permit him to travel outside of Bexar County: I. %PDF-1.7 Each surety listed under this article must file annually a sworn financial statement with the sheriff. Acts 2017, 85th Leg., R.S., Ch. 656, Sec. 7, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. {\*\pnseclvl7\pndec\pnstart1{\pntxta .}} }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (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. 2, eff. REQUISITES OF A PERSONAL BOND. 17.04. 2, eff. September 1, 2017. 1, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. (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. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (a) This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age: (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or, (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or. Whereas this Court having considered the DEFENDANT'S MOTION FOR THE APPOINTMENT OF AN ATTORNEY, along with the DEFENDANT'S AFFIDAVIT OF SUBSTANTIAL HARDSHIP and any sworn testimony by the DEFENDANT to this Court regarding the DEFENDANT'S financial resources, and having advised the DEFENDANT of the penalties for perjury under section 97-9-61 of If you want to make changes or cancel the protection order, fill out the following form and file it in person (601 N Pecos) or by email ( tpocom@clarkcountycourts.us ). Sept. 1, 1995. }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline 570), Sec. 17.40. Art. 7, eff. 298, Sec. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. probation fees, but with an extension of one (1) year in the term of probation, the Probationer will \softline Probationer's terms and conditions of probation be modified by extending the term of probation for \softline 6), Sec. Document for The State of Texas VS. LARRY MEDRANO - Trellis Free preview Motion To Modify Bond Conditions Texas. Art. 552, Sec. (b) A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. Art. {\plain \fs24 \*\cs1 \par 5. 6), Sec. Added by Acts 1977, 65th Leg., p. 1525, ch. 2.05, 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par PDF JUSTICE COURT FORMS FOR CRIMINAL PROCEEDINGS - University of Mississippi 255 (H.B. 2, eff. PERSONAL BOND. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. September 1, 2019. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . Art. (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. Art. 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. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. September 1, 2015. Art. Pearland: (832) 536-9547. period of one (1) year to expire on ____________________ pursuant to the request of the \softline September 1, 2019. (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. (l) This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. A defendant must obey bond conditions or risk being jailed again. January 1, 2022. (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. Tarrant County Magistration | Arraignment | How Long to Make Bond? 17.18. BAIL DECISION. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline 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. 722. 122 (H.B. 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. 601), Sec. 2499), Sec. CONDITION WHERE CHILD ALLEGED VICTIM. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \par }\pard \fs24 }{\plain \fs24 \*\cs1 [PHONE]\par Added by Acts 2001, 77th Leg., ch. 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. Courts can monitor whether defendants obey their bond conditions in several ways. 785, Sec. 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. Art. 90 (S.B. 17.01. 1, Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Phone \par (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. 2. Acts 2005, 79th Leg., Ch. You might also want to cancel the protection order completely. District Clerk | Andrews County, TX If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. Mr. (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. 17.10. 3. (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. 12, eff. 11 (S.B. Acts 2005, 79th Leg., Ch. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . (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. On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j). 599), Sec. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. 4, eff. Acts 2017, 85th Leg., R.S., Ch. At that time, the magistrate shall conduct the hearing and make the determination required by this article. (a) The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules: 1. 66 (S.B. ]*z P T>3wc{-)G .*CqW. (b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. Subsec. TIME GIVEN TO PROCURE BAIL. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 748 (S.B. Sept. 1, 1989. 779 (H.B. (b) amended by Acts 2003, 78th Leg., ch. {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} Reasonable time shall be given the accused to procure security. 1276 (H.B. (c) amended by Acts 2003, 78th Leg., ch. June 14, 1995. Some conditions of bond will not surprise you no drug use, faithfully work at suitable employment, remain in Texas, regularly report to your probation officer, and notify probation of any address change. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. }\pard \fs24 }\pard \fs24\qc (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. offense of _____________. fees. (a) amended by Acts 2003, 78th Leg., ch. September 1, 2009. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. (g) A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. % 2, eff. }\pard \fs24 2, eff. (j) amended by Acts 2003, 78th Leg., ch. 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par Defendant will be traveling out of state due to employment purposes. (2) the defendant, if no other person is able to produce a receipt for the funds. View the latest COVID-19 information. (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. Acts 2021, 87th Leg., R.S., Ch. 0_b June 20, 2003. 3751), Sec. Login (512) 270-8676 Email Us Menu About Working With Me Arrested or in Jail Assault Lawyer Domestic Violence 243 (S.B. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent's last known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure. Art. (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. (3) denied bail in accordance with the Texas Constitution and other law. The defendant shall attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse.

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