278 (H.B. Criminal District Attorney, _____________ County, Texas\par Added by Acts 2015, 84th Leg., R.S., Ch. If you have been charged . September 1, 2005. Sec. 2, eff. (b) amended by Acts 1995, 74th Leg., ch. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. Acts 1965, 59th Leg., vol. PROCEEDINGS WHEN BAIL IS GRANTED. 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. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} Art. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. (c) A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person: (1) is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and. 3.01, eff. 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 June 14, 1995; Acts 1995, 74th Leg., ch. 17.41. 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. 17.47. (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). 1276 (H.B. June 20, 2003; Subsec. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline (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. Sept. 1, 2001. Art. 3.10, eff. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. Aug. 28, 1967. 671 (S.B. Buy . This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. 17.40. December 2, 2021. Art. April 5, 2001. Art. Acts 2015, 84th Leg., R.S., Ch. January 1, 2022. {\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}} (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. September 1, 2021. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? Subsec. Art. }{\plain \fs24 \*\cs1 \par 1, eff. 942, Sec. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings. %PDF-1.7 CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. Sec. {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} 1, eff. DISQUALIFIED SURETIES. REQUISITES OF A BAIL BOND. Art. 17.44. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par 1, Sec. 6), Sec. (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. 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,@ }{\plain \fs24 \*\cs1\b\ul AND CONDITIONS OF PROBATION\par Acts 2011, 82nd Leg., R.S., Ch. 2, eff. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par Subsec. {\plain \fs24 \*\cs1 \par Art. (b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary 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. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline 1047, Sec. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. Amended by Acts 1989, 71st Leg., ch. $x@ohzr7cp#`:B. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. 2, eff. 346), Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 599), Sec. June 18, 2003. and probation fees, but with an extension of one (1) year in the term of probation, the Probationer \softline 3165), Sec. (3) include any information other than the information listed in Subsection (b). September 1, 2011. RULES APPLICABLE TO ALL CASES OF BAIL. Added by Acts 2021, 87th Leg., R.S., Ch. {\plain \fs24 \*\cs1 On the _______ day of __________________, 200___ , came to be heard the Probationer's Motion \softline Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable. Jan. 28, 1997. TIME GIVEN TO PROCURE BAIL. (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.". Added by Acts 2001, 77th Leg., ch. the State Bar of Texas, Sheriffs' Association of Texas, Chief Deputies' Association of Texas, Texas Association of Counties, and the Texas Jail Association. {\rtf1\ansi \deflang1033\deff0{\fonttbl 2.06, eff. All other terms and conditions of probation ordered on , shall remain in full force and \softline 6), Sec. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION. 4 0 obj (3) the modification will not in any way endanger a person protected under the order. (c) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, 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 committed the offense. Art. 6, eff. fees.\par }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Sec. (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 (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. (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. 76, Sec. 5.01(a), eff. Art. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. Subsec. REQUIRED TRAINING. (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. 2, eff. 1, eff. May 19, 2011. Jan. 28, 1997; Subsec. (2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. will be able to pay all amounts ordered by this Court.\par Acts 2007, 80th Leg., R.S., Ch. {\plain \fs24 \*\cs1 \par }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par 11 (S.B. June 20, 2003. Sec. 1, eff. 243 (S.B. When drafting a motion to . View the latest COVID-19 information. (f) amended by Acts 1991, 72nd Leg., ch. 1228 (S.B. Aug. 30, 1971. (2) has been issued a certificate under Subsection (d) with respect to that county. "Modify" is simply another word for "change." Amended by Acts 1999, 76th Leg., ch. (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. Access from your Country was disabled by the administrator. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 3. ordered the Probationer to pay a $______________ fine, $___________ court costs, and probation \softline BAIL BOND CERTIFICATES. }{\plain \fs24 \*\cs1 State Bar No. 17.071. 109th District Court of Texas. 3145 (b) and respectfully requests that he be released with certain conditions and supervision . (2) delivered to the office of the prosecuting attorney. 11 (S.B. The amount of such expense shall be in addition to the principal amount specified in the bond. 2, eff. 1506, Sec. 1506), Sec. Acts 2021, 87th Leg., R.S., Ch. 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. 1275, Sec. 1, Sec. December 2, 2021. (d) The victim of the offense need not be present when the order for emergency protection is issued. }{\plain \fs24 \*\cs1 \par }\pard \fs24 Acts 2019, 86th Leg., R.S., Ch. }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 (a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: (1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and. Defendant will be traveling out of state due to employment purposes. Art. 930 (H.B. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. 17.025. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. 76, Sec. ]Z(N 3 0 obj (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. Sept. 1, 1999. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer 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). Acts 1965, 59th Leg., vol. September 1, 2017. 17.06. 877), Sec. 17.05. 1506, Sec. Sec. 7.002(e), eff. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. July 1, 1978. 1005), Sec. (g) The Office of Court Administration of the Texas Judicial System shall promulgate a form for use by a magistrate or a magistrate's designee in providing notice to the defendant under Subsection (e). A modification may not solve your problem or address a specific concern. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. IN CASE OF NO ARREST. 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. (d) amended by Acts 1999, 76th Leg., ch. 7.002(f), eff. Amended by Acts 1971, 62nd Leg., p. 3045, ch. 942, Sec. (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. That it be made payable to "The State of Texas"; 2. 4, eff. 736 (H.B. 1, eff. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 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. 346), Sec. Acts 2017, 85th Leg., R.S., Ch. 17.031. Acts 2019, 86th Leg., R.S., Ch. 56), Sec. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided.
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