(a) This article does not apply with respect to a defendant to whom Article 17.41 applies. 1275, Sec. 17.085. 1, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. (f-1), (f-2), (n) added and Subsec. ]*z P T>3wc{-)G .*CqW. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. The Defendant's writ/motion /request to set bond, lower bond, and/or contest the legal authority of . 942, Sec. 2, p. 317, ch. 0_b Motion To Modify Bond Conditions. (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). (g) A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article. 3000), Sec. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. }{\plain \fs24 \*\cs1 \par 2, eff. September 1, 2017. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. (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. 2, eff. 828, Sec. Sept. 1, 1991; Subsec. 17.441. SURRENDER IN VACATION. 3, eff. The citizenship status of the defendant shall be considered. 346), Sec. 17.42 by Acts 1991, 72nd Leg., ch. }\pard \fs24 1, eff. A bail bond must contain the following requisites: 1. 877), Sec. You might also want to cancel the protection order completely. January 1, 2020. Access from your Country was disabled by the administrator. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. June 17, 2011. 3692), Sec. (b) amended by Acts 1997, 75th Leg., ch. 1, eff. (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) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody. {\plain \fs24 \*\cs1 \par }{\plain \fs24 \*\cs1 \par Acts 2011, 82nd Leg., R.S., Ch. 593 (H.B. TCDLA If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. 1, eff. Buy . Amended by Acts 1987, 70th Leg., ch. {\stylesheet{\fs20 \snext0 Normal;} Criminal District Attorney, _____________ County, Texas\par 1506, Sec. The ability to make bail shall be considered, and proof may be taken on this point. }{\plain \fs24 \*\cs1 [PHONE]\par Dallas Texas Motion to Release Defendant and Set Reasonable Bond 90 (S.B. 3, eff. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility. September 1, 2011. 4, eff. Sept. 1, 1994. 1. 17.25. 779 (H.B. 743 (H.B. 955 (S.B. (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. Sec. (f-1) A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System. When such bond is so given and approved, the defendant shall be released from custody. Sept. 1, 2001; Subsecs. 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 Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Texas, on the _______ day of _______________, 200___.\par 7.002(f), eff. (signature of defendant).". }{\info{\title }{\author MD}{\operator MD} 3751), Sec. Bond conditions are zero tolerance. 17.48. The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner. Added by Acts 2019, 86th Leg., R.S., Ch. 2.09, eff. <> 785, Sec. September 1, 2007. The magistrate shall make a separate record of the service in written or electronic format. Added by Acts 2007, 80th Leg., R.S., Ch. Art. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. (2) current on all filings required by the Internal Revenue Code. Art. (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\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par 17.16. September 1, 2021. Art. 2, eff. 17.38. 965), Sec. 4. 1, eff. 2, eff. }\pard \fs24 11 (S.B. 284(57), eff. 3 0 obj 2. December 2, 2021. Acts 2021, 87th Leg., R.S., Ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par Art. KP-0270 Re: Authority of the State to obtain an arrest warrant for a defendant previously released on pretrial bond conditions if credible evidence exists he violated those conditions (RQ-0283-KP) 1506, Sec. 17.33. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. 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. RECORDS OF BAIL. Order Setting Bond Amount & Conditions 1412, Sec. 6), Sec. 942, Sec. 17.033. 2, p. 317, ch. 4, eff. September 1, 2005. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Latrelle Noss Mouton v. The State of Texas Appeal from 114th District Court of Smith County }{\plain \fs24 \*\cs1 \par The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. Sept. 1, 1989. Art. (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. 1070), Sec. The reasons for the requested modification(s) are as follows: Moving party signature TAKE NOTICE Motion To Amend Bond Conditions - US Legal Forms {\*\cs1 \additive\f1\fs20 Plain Text;} 5.01(a), eff. (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. Aug. 26, 1991. 1341, Sec. Depending on the jurisdiction, the prosecutors may or may not oppose the change. If you have been charged . 2767), Sec. In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service. 437 (H.B. To modify these conditions, you need to file a motion with the court. (4) the number of persons described by Subdivision (3): (A) who failed to attend a scheduled court appearance; (B) for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or. {\plain \fs24 \*\cs1 \par 17.031. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. 982 (H.B. Acts 2017, 85th Leg., R.S., Ch. {\*\cs2 \additive Default Para;} 3145 (b) and respectfully requests that he be released with certain conditions and supervision .
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