June 20, 2003. (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. 1 0 obj 6), Sec. Added by Acts 1985, 69th Leg., ch. Art. All other terms and conditions of probation ordered on , shall remain in full force and \softline {\plain \fs24 \*\cs1\b\ul CERTIFICATE OF SERVICE}{\plain \fs24 \*\cs1 \par 463 (H.B. 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a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. (signature of defendant).". Added by Acts 2021, 87th Leg., 2nd C.S., Ch. {\stylesheet{\fs20 \snext0 Normal;} {\plain \fs24 \*\cs1 \par Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court.\par (2) the sheriff of the county where the defendant resides. 6), Sec. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. Current 109th Court Standing Orders. Acts 2011, 82nd Leg., R.S., Ch. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested. }{\plain \fs24 \*\cs1 \par that the Court extend the period of probation heretofore ordered so that ____________________ , \softline {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 3, eff. (a) The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office. 3692), Sec. xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n Art. (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. 17.31. 1913), Sec. 6), Sec. Art. 17.026. 2, eff. (i) If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full. 2299), Sec. September 1, 2005. Motion for New Trial; Motion to Modify; Motion to Revoke Stay of License Suspension; Motion to Transfer; . September 1, 2015. Sept. 1, 2001; Subsecs. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. (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. 5(a), eff. 1006, Sec. (e) The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond. Added by Acts 2009, 81st Leg., R.S., Ch. 1228 (S.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. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. Sec. 4, eff. Court the following:\par 737), Sec. }{\plain \fs24 \*\cs1 \par (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. (B) involves violence directed against a peace officer. Aug. 30, 1971. {+E$aaCJXvF#_,Ag2CY++ 2 (i) amended by Acts 1999, 76th Leg., ch. (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. 17.23. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (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. stream period of one (1) year to expire on ____________________ pursuant to the request of the \softline 2, p. 317, ch. }{\plain \fs24 \*\cs1 [PHONE]\par Added by Acts 2007, 80th Leg., R.S., Ch. {\plain \fs24 \*\cs1\b II. (2) the use or exhibition of a deadly weapon during the commission of an assault. (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. 17.09. Acts 2007, 80th Leg., R.S., Ch. Pearland: (832) 536-9547. 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. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. 8), Sec. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. Texas Bond Reduction Attorneys. 657, Sec. If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. Acts 2011, 82nd Leg., R.S., Ch. PROCEDURES AND FORMS RELATED TO MONETARY BOND. (13) Section 20A.03 (continuous trafficking of persons). Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054, an offense described by Article 62.001(5), or an offense under Section 20A.03, Penal Code, the judge or magistrate shall provide: (1) to the attorney representing the state, reasonable notice of the proposed bail reduction; and. Sept. 1, 1989; Sec. (a) Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be: (1) granted personal bond with or without conditions; (2) granted surety or cash bond with or without conditions; or. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Phone \par Examples of bond terms that a defendant may want to have changed during the case: Removal of a travel restriction that prevents the defendant from leaving the county Change to a no-contact order Deletion of a restriction on the use of electronic devices June 17, 2011. 17.045. 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. cause on ________________, for the offense of ________________________. (a) A magistrate may require as a condition of release on bond that the defendant submit to: (1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate; or. 3, eff. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. 1047, Sec. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline {\plain \fs24 \*\cs1 \par Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1997; Subsecs. January 1, 2022. A defendant unable to make the bail set by the court might file a motion to modify in the hope of persuading the judge to set a lower bail. 982 (H.B. Sept. 1, 1999. 769 (H.B. Added by Acts 1999, 76th Leg., ch. 1, eff. (d) amended by Acts 2003, 78th Leg., ch. (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. 770 (H.B. 11 (S.B. 17.06. Art. 2(6), eff. 17.141. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. December 2, 2021. (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. 1070), Sec. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par 4 (S.B. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. (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. Added by Acts 1995, 74th Leg., ch. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. Amended by Acts 1989, 71st Leg., ch. March 19, 1993. Acts 2019, 86th Leg., R.S., Ch. (a), (b) amended by Acts 1997, 75th Leg., ch. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK. 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 (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. 122 (H.B. 6), Sec. WHEN BAIL IS NOT GIVEN. 882), Sec. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. 11 (S.B. Sept. 1, 2001. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail. Motion To Modify Bond Conditions. Courts can monitor whether defendants obey their bond conditions in several ways. Art. 766), Sec. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement.
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