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. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 221 (H.B. {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. June 20, 2003; Subsec. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. Art. 2, eff. }{\plain \fs24 \*\cs1 \par Acts 2011, 82nd Leg., R.S., Ch. Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. 1, eff. 6. Sept. 1, 1999; Subsecs. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1989. 2, eff. (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. September 1, 2011. (2) promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section. September 1, 2009. }\pard \fs24\qc {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney\par 1, eff. 1506), Sec. 1298 (H.B. 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. 3, eff. 3000), Sec. (d) The victim of the offense need not be present when the order for emergency protection is issued. PROCEDURES AND FORMS RELATED TO MONETARY BOND. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). 2, p. 317, ch. Sept. 1, 1995. 17.47. 17.26. 6), Sec. \notabind\margl1440\margr1440\hyphhotz936\ftnbj\fet2\ftnrstpg\aftnnar\viewkind1\lytprtmet\subfontbysize \sectd \sbknone\marglsxn1318\margrsxn1318\headery1440\footery1440\endnhere\endnhere 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. (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. 1047, Sec. 7.002(f), eff. July 1, 1978. fees. }{\plain \fs24 \*\cs1 AGREED AND APPROVED:\par (c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial. 1, eff. endobj Sec. 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. 2767), 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. 658, Sec. 1113 (H.B. 1341, Sec. 2, eff. 17.31. 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. The provisions of this article do not apply to a defendant who is: (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or. 110 (S.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 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. reopen a prior custody hearing. Acts 2011, 82nd Leg., R.S., Ch. }\pard \fs24 (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. 17.292. Watch the live stream. June 17, 2011. Bond conditions are zero tolerance. 6), Sec. CORPORATION AS SURETY. P840 The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 (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. September 1, 2021. {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. }\pard \fs24 How to Extend, Reinstate, Change, or Cancel a Protection Order 16, Sec. 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. June 17, 2011. January 1, 2022. 942, Sec. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. 17.34. 722. June 16, 1991. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par 17.141. 5, eff. 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. The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness. Added by Acts 1999, 76th Leg., ch. A defendant must obey bond conditions or risk being jailed again. (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. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. 2.08, eff. The pretrial release conditions should be modified as follows: 4. FURTHER DETENTION OF CERTAIN PERSONS. 346), Sec. (2) not operate any motor vehicle unless the vehicle is equipped with that device. 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). June 14, 1995. CHARITABLE BAIL ORGANIZATIONS. (2) delivered to the office of the prosecuting attorney. Sept. 1, 1994. September 1, 2021. 346), Sec. {\stylesheet{\fs20 \snext0 Normal;} }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 34, Sec. (d) 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. 1. Motions to Modify Bonds. 3, eff. 1, eff. 17.03. 1, eff. CONFIDENTIALITY OF CERTAIN INFORMATION IN ORDER FOR EMERGENCY PROTECTION. All other terms and conditions of probation ordered on , shall remain in full force and \softline (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. 17.294. 2299), Sec. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. 255 (H.B. {\plain \fs24 \*\cs1 \par XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par 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. 779 (H.B. (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. View All /QuickLinks.aspx. (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. Motion to Modify - BOND CONDITIONS November 25, 2020 Added by Acts 1989, 71st Leg., ch. 599), Sec. 7, eff. (13) Section 20A.03 (continuous trafficking of persons). 10, Sec. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. Acts 2021, 87th Leg., R.S., Ch. }\pard \fs24\qc\sl480\slmult1 4, eff. 656, Sec. (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. 76, Sec. 374, Sec. 2, eff. 1506), Sec. {\plain \fs24 \*\cs1\b\ul AGREED MOTION TO MODIFY AND EXTEND\par (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. 194), Sec. Acts 2015, 84th Leg., R.S., Ch. 1038 (H.B. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. Art. A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01. 17.024. 570), Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Acts 2015, 84th Leg., R.S., Ch. 936 (S.B. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par 1276 (H.B. 1, Sec. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. SUFFICIENCY OF SURETIES ASCERTAINED. 34 (S.B. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 2, eff. 1, eff. (Dated ., and attested by the judge of the court, clerk, magistrate or sheriff.)". Amended by Acts 1989, 71st Leg., ch. 1506, Sec. Depending on the jurisdiction, the prosecutors may or may not oppose the change. }{\plain \fs24 \*\cs1 \par Added by Acts 1997, 75th Leg., ch. }{\plain \fs24 \*\cs1 ATTORNEY FOR PROBATIONER\par Pearland: (832) 536-9547. 722. Acts 2021, 87th Leg., 2nd C.S., Ch. FAMILY CODE CHAPTER 87. MODIFICATION OF PROTECTIVE ORDERS - Texas Defendant requests permission to travel to Denver, Colorado. Acts 2019, 86th Leg., R.S., Ch. {\plain \fs24 \*\cs1 \par (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Renumbered from Vernon's Ann.C.C.P. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody. Preview Sept. 1, 1989; Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par 17.07. 4, eff. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Art. (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. be able to pay all amounts ordered by this Court.\par In support of this Motion, the Defendant would like the Court to consider the following items. ]*z P T>3wc{-)G .*CqW. 3165), Sec. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 EFFECT OF WITNESS BOND. 1, eff. } (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab IN THE ______________ COURT\par cause on ________________, for the offense of ________________________. 942, Sec. WITNESSES TO GIVE BOND. 17.19. 6), Sec. (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). }{\plain \fs24 \*\cs1 \par DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. 950 (S.B. Free preview. 1488), Sec. (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.