437 (H.B. (k-1) A law enforcement agency may delay entering the information required under Subsection (k) only if the agency lacks information necessary to ensure service and enforcement. (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. 17.48. 4, eff. January 1, 2020. 1, 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. (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. Motions to Modify Bonds. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with. (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, 2007. Acts 2009, 81st Leg., R.S., Ch. 671 (S.B. September 1, 2017. 17.19. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par effect.\par 17.465. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond. 3.01, eff. (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. Sept. 1, 1989. ]*z P T>3wc{-)G .*CqW. {\plain \fs24 \*\cs1 \par . 1. (2) the use or exhibition of a deadly weapon during the commission of an assault. bail bonds rules and regulations; motion to set bond sample; motion to modify bond conditions texas; out on bond rules; how long do bond conditions last; article 17.19 texas code of criminal procedure; felony bond conditions; what does bail type magistrate set mean 17.35. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par Copyright 1999 2023 GoDaddy Operating Company, LLC. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1991. Probationer. 17.38. 950 (S.B. }\pard \fs24\sl480\slmult1 one (1) year.\par }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline Reasonable time shall be given the accused to procure security. (3) prohibiting the release of the information to the defendant. 13, eff. Acts 2017, 85th Leg., R.S., Ch. Pearland: (832) 536-9547. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 76, Sec. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. Art. 17.141. All other terms and conditions of probation ordered on , shall remain in full force and \softline September 1, 2011. 11 (S.B. How Do Bond Reductions Work in Texas? | Scott M. Brown (d) The victim of the offense need not be present when the order for emergency protection is issued. SECURITY OF WITNESS. Acts 2015, 84th Leg., R.S., Ch. SURRENDER IN VACATION. (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. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ 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. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 3000), Sec. stream 17.33. 3165), Sec. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. Art. Art. 1113 (H.B. Sec. 17.10. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond. The form must be the form used to request appointment of counsel under Article 26.04 or a form promulgated by the Office of Court Administration of the Texas Judicial System that collects, at a minimum and to the best of the defendant's knowledge, the information a court may consider under Article 26.04(m). NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. 17.28. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. June 17, 2011. Art. 232 (H.B. 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. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. 44, eff. WITNESSES TO GIVE BOND. Seeking a Modification of Bond Terms in a Criminal Case The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. 255 (H.B. Acts 2019, 86th Leg., R.S., Ch. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. Conditions of Bond in Texas - Georgetown Criminal Defense Lawyer PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project 17.17. TIME GIVEN TO PROCURE BAIL. Acts 2011, 82nd Leg., R.S., Ch. 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 . In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. Acts 2017, 85th Leg., R.S., Ch. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. (b) amended by Acts 1995, 74th Leg., ch. 374, Sec. The Office of Court Administration of the Texas Judicial System shall develop statewide procedures and prescribe forms to be used by a court to facilitate: (1) the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. {+E$aaCJXvF#_,Ag2CY++ 2 Sept. 1, 1995. 1064 (H.B. 17.05. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. 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. 736 (H.B. {\plain \fs24 \*\cs1 On the _______ day of __________________, 200___ , came to be heard the Probationer's Motion \softline 1, eff. 3000), Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 2, eff. 1113 (H.B. Art. 110 (S.B. 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. (2) a two-hour continuing education course. 950 (S.B. {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} 3, eff. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community. 1224 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sample Bail Bond Related Criminal Law Motions - SlideShare (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). 1412, Sec. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 11, eff. 2, p. 317, ch. (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. Subsec. Added by Acts 1995, 74th Leg., ch. (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. 4, eff. Art. (d) amended by Acts 1999, 76th Leg., ch. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. 2767), Sec. Added by Acts 1989, 71st Leg., ch. 1490, Sec. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par 2, eff. Art. (c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. AFFIDAVIT NOT CONCLUSIVE. June 14, 1995. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 Sept. 1, 1994. 1488), Sec. (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. 2, Sec. 17.53. 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 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. 1326), Sec. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par PDF Motion to Increase or Modify Bond Conditions - Texas District & County (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. (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. \pard \fs24\qc (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. 17.03. 109th District Court of Texas. OFFICERS TAKING BAIL BOND. 6), Sec. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 11 (S.B. (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. POSTTRIAL ACTIONS. September 1, 2021. 599), Sec. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. Jan. 28, 1997. }\pard \fs24 endobj 5, 6 added by Acts 1995, 74th Leg., ch. 17.40. (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. 2.06, eff. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. 463 (H.B. }{\plain \fs24 \*\cs1 \par The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. 1070), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par Added by Acts 2007, 80th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \par into an Order of this Court.\par 17.16. Amended by Acts 1989, 71st Leg., ch. {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline }{\plain \fs24 \*\cs1 Asst. (c) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court. LIVe1j`iASS^N/Q.m dE:En MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Texas Bond Reduction Attorneys. }{\plain \fs24 \*\cs1 By: _______________________________\par Travis County. 284(57), eff. Acts 1965, 59th Leg., vol. (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. Sept. 1, 1999. Amended by Acts 1987, 70th Leg., ch. 0_b Aug. 30, 1971. PDF In the United States District Court for The District of Columbia United }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. II. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. (2) delivered to the office of the prosecuting attorney. 3.06, eff. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. 601), Sec. 828, Sec. 2, p. 317, ch. 978 (H.B. 11 (S.B. (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. September 1, 2017. Acts 2005, 79th Leg., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. May 5, 1997. If the defendant is charged with a felony, that it state that he is charged with a felony. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. 2, p. 317, ch. 110 (S.B. 6), Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1658), Sec. 298, Sec. When such bond is so given and approved, the defendant shall be released from custody. }{\plain \fs24 \*\cs1 \par (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 514, Sec. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. December 2, 2021. stream (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. 3 0 obj (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. View All /QuickLinks.aspx. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. 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. 1352 (S.B. June 17, 2011. 6), Sec. 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. Sec. September 1, 2011. (c-1) Notwithstanding Subsection (c), a magistrate who is serving on April 1, 2022, is considered to be in compliance with Subsection (c)(1) if the magistrate successfully completes the training course not later than December 1, 2022. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline 1, eff. 537, Sec. 17.032. Art. Added by Acts 1989, 71st Leg., ch. Criminal District Attorney, _____________ County, Texas\par 163 (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 The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Address\par {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab \tab IN THE ______________ COURT\par 11.20, eff. The interest of justice would best be served by leaving the Probationer on probation in this \softline If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. Texas, on the _______ day of _______________, 200___.\par }{\plain \fs24 \*\cs1 \par WHEN A BAIL BOND IS GIVEN. 346), Sec. Acts 2017, 85th Leg., R.S., Ch. (a) 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 $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. (13) Section 20A.03 (continuous trafficking of persons). (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or.