motion to modify bond conditions texas

(B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. <> Added by Acts 1989, 71st Leg., ch. 3000), 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. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. effect.\par 3582), Sec. Motion and Order to Amend Bond. (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. }\pard \fs24 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 defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. 2. 4 0 obj (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. 221 (H.B. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. Art. 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 September 1, 2017. If the magistrate does not set the defendant's bail in an amount below the amount required by the schedule or order described by Subsection (e), the magistrate shall issue written findings of fact supporting the bail decision. 807 (H.B. (3) prohibiting the release of the information to the defendant. (i) The judges of the courts trying criminal cases and other magistrates in a county must report to the Office of Court Administration of the Texas Judicial System each defendant for whom a review under Subsection (h) was not held within 48 hours of the defendant's arrest. The pretrial release conditions should be modified as follows: 4. 7.002(e), eff. (b) amended by Acts 1989, 71st Leg., ch. Aug. 28, 1989; Acts 1989, 71st Leg., ch. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. {\plain \fs24 \*\cs1 \par (2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par Conditions of bond in Texas and your criminal case. Sec. 17.37. Art. 1276, Sec. Sept. 1, 2003. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. 2, eff. Amended by Acts 1995, 74th Leg., ch. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Dallas Texas Motion to Release Defendant and Set Reasonable Bond As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. 17.023. Added by Acts 2021, 87th Leg., R.S., Ch. Motions to Modify Bonds. }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1971, 62nd Leg., p. 3045, ch. {\*\cs1 \additive\f1\fs20 Plain Text;} June 17, 2011. }{\plain \fs24 \*\cs1 \par 2. 2, eff. (f) The Department of Public Safety shall: (1) modify the database to enable the database to accept and maintain detailed information on active conditions of bond regarding the requirements and status of a condition of bond imposed by a magistrate for a violent offense, including information described by Subsections (b) and (c); and. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. Art. Added by Acts 1989, 71st Leg., ch. Art. 1, eff. (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. September 1, 2017. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Respectfully Submitted,\par Sec. September 1, 2021. {\plain \fs24 \*\cs1 \par 1849), Sec. In the motion, you identify the condition you want changed and explain why. 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. 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. (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. 1352 (S.B. 324 (S.B. (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. 4, eff. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 1, eff. Sept. 1, 1995; Subsecs. 437 (H.B. Tarrant County Magistration | Arraignment | How Long to Make Bond? Acts 2009, 81st Leg., R.S., Ch. Many defendants fail to understand that a judge can quickly return them to jail if bond conditions are violated. 1, eff. 2, p. 317, ch. View All /QuickLinks.aspx. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. September 1, 2009. (l) A written or oral statement obtained under this article or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense under Chapter 37, Penal Code. 17.292. 9, eff. Added by Acts 2005, 79th Leg., Ch. (b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice. }{\plain \fs24 \*\cs1 Asst. 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. Motion To Modify Bond Conditions. (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. 17.48. <> If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. 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 magistrate shall make a separate record of the service in written or electronic format. REQUEST SETTING OF BAIL. 284(46), eff. $x@ohzr7cp#`:B. (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. 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. A chief of police or sheriff who receives a copy of an order described by Article 17.51(a), or the chief's or sheriff's designee, shall, as soon as practicable but not later than the 10th day after the date the copy is received, enter information relating to the condition of release into the appropriate database of the statewide law enforcement information system maintained by the Department of Public Safety or modify or remove information, as appropriate. 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. 17.141. Acts 2011, 82nd Leg., R.S., Ch. (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. The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. District Clerk | Andrews County, TX Sept. 1, 2003. The Defendant is incarcerated in the El Paso County Detention Facility. (2) on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction. 17.06. {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par (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. 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 722. Acts 2021, 87th Leg., R.S., Ch. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.

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