122 (H.B. PERSONAL BOND. (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. The solution is to seek a modification of the bond terms. 110, Sec. (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. (g-1) The magistrate making the bail decision under Subsection (a) shall, if applicable: (1) inform the defendant of the defendant's right to file an affidavit under Subsection (f); and. (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. Amended by Acts 1987, 70th Leg., ch. 2182), Sec. Sec. 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. 34, Sec. 284(57), eff. Call Us Today! 11 (S.B. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. {\plain \fs24 \*\cs1 \par
(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. First, the Defendant does not have a criminal history. Sec. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A
Jyz[\u,>~Oo? 807 (H.B. 17.025. (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. June 17, 2011. 17.12. }{\plain \fs24 \*\cs1 ATTORNEYS AT LAW\par
Art. 593 (H.B. (f) To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection. December 2, 2021. September 1, 2019. }\pard \fs24\sl480\slmult1
1, eff. Acts 2009, 81st Leg., R.S., Ch. . 1, eff. {\plain \fs24 \*\cs1 \par
(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. (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040
1005), 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. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound. 3000), Sec. Acts 2007, 80th Leg., R.S., Ch. 2, p. 317, ch. Acts 2015, 84th Leg., R.S., Ch. 34 (S.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. (1) consider the public safety report before setting bail; and. Art. 2.02, eff. 6, eff. 16, Sec. 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. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>>
THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.7 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $22.42. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. (d) A judge may not adopt a bail schedule or enter a standing order related to bail that: (1) is inconsistent with this article; or. (f-1), (f-2), (n) added and Subsec. Acts 2005, 79th Leg., Ch. 743 (H.B. Motion - Defendants motion to modify bond condition July 23, 2019 LIVe1j`iASS^N/Q.m dE:En 17.46. (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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 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 . }\pard \fs24\sl480\slmult1
374, Sec. 4, eff. 3 0 obj
(d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. OFFICERS TAKING BAIL BOND. 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. 659, Sec. 1, eff. Angleton: (979) 652-5246. IT IS ORDERED that the followingStandard Felony Bond Conditions shall apply to any Bond posted by the . (j) The magistrate may enter an order or take other action authorized by Article 16.22 with respect to a defendant who does not appear capable of executing an affidavit under Subsection (f). (d) amended by Acts 2003, 78th Leg., ch. 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. 3. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;}
1070), Sec. ZDU\gKczBUWQUj Jan. 28, 1997. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. January 1, 2020. Subsec. (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). \pard \fs24\qc
1070), Sec. 17.081. 437 (H.B. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 17.27. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. 1506, Sec. 324 (S.B. C-2275-20-E THE STATE OF TEXAS IN THE V 275TH DISTRICT COURT LARRY MEDRANO OF HIDALGO COUNTY, TEXAS MOTION TO MODIFY BOND CONDITIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW LARRY MEDRANO, Defendant herein, respectfully seeking a modification of bond for work-related purposes. 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. 243 (S.B. }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline
2, eff. 17.441. Sept. 1, 1995. Added by Acts 1969, 61st Leg., p. 2033, ch. Each surety listed under this article must file annually a sworn financial statement with the sheriff. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. 8), Sec. 1506), Sec. Tarrant County Magistration | Arraignment | How Long to Make Bond? Acts 2007, 80th Leg., R.S., Ch. }
}{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par
SHALL CERTIFY PROCEEDINGS. (e) amended by Acts 2003, 78th Leg., ch. Sept. 1, 1985; Acts 1993, 73rd Leg., Ch. PDF Attorney General of Texas {\plain \fs24 \*\cs1 \par
PROCEDURES AND FORMS RELATED TO MONETARY BOND. 1. Pearland: (832) 536-9547. 515 (H.B. Art. 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. 722. 17.04. PDF State of Texas Ignition Interlock Laws: A Policy Evaluation - county 1068), Sec. 1, eff. (3) the magistrate demonstrates competency as provided by Subsection (b). If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person. If a delay occurs that will cause the review under Subsection (h) to be held later than 48 hours after the defendant's arrest, the magistrate or an employee of the court or of the county in which the defendant is confined must provide notice of the delay to the defendant's counsel or to the defendant, if the defendant does not have counsel. September 1, 2007. Beware Your Pretrial Conditions of Bond - Texas Criminal Appeals Blog Acts 2021, 87th Leg., 2nd C.S., Ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par
(e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. 45, eff. 514, 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. Document for The State of Texas VS. LARRY MEDRANO - Trellis 4. 17.15. September 1, 2007. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. 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. 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. Corpus Christi, Texas 78401-3681 Dear Mr. Gonzalez: KEN PAXTON ATTORNEY GENERAL OF TEXAS September 24, 2019 Opinion No. 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. 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. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). 3. (f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails. After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that: (1) the order as originally issued is unworkable; (2) the modification will not place the victim of the offense at greater risk than did the original order; and. The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body. 2.04, eff. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. }{\plain \fs24 \*\cs1 \par
(2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. <>
The clerk of the court shall send a copy of the order to the victim at the victim's last known address as soon as possible but not later than the next business day after the date the order is issued. 1, eff. 17.35. 6. Art. 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. (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. Art. 13, eff. 17.031. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040
AFFIDAVIT NOT CONCLUSIVE. Such affidavit shall not be conclusive as to the sufficiency of the security; and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline
278 (H.B. In addition, a personal bond shall contain: (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and, (D) nearest relative's name and address, if any; and. 56), Sec. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). Defendant is charged with Driving While Intoxicated. ZDU\gKczBUWQUj A personal bond may be taken of a witness by the court before whom the case is pending. 1 0 obj
Sec. 76, Sec. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. 17.36. Dallas Texas Motion to Release Defendant and Set Reasonable Bond Related Searches. (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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