Acts 1965, 59th Leg., vol. (a) amended by Acts 2003, 78th Leg., ch. (3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . 3. 17.15. 737), Sec. Added by Acts 1989, 71st Leg., ch. 17.293. 8), Sec. reopen a prior custody hearing. 1038 (H.B. 17.04. 23, Sec. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline (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. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab _____ TH JUDICIAL DISTRICT\par That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. 90 (S.B. September 1, 2007. WHEN A BAIL BOND IS GIVEN. 2, eff. 284(57), eff. To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in . County, and have property in this State liable to execution worth said amount or more. (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. September 1, 2007. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. June 17, 2011. 736 (H.B. REQUISITES OF A PERSONAL BOND. PROCEDURES AND FORMS RELATED TO MONETARY BOND. (c) Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. (3) demand surrender of the suspended license from the license holder. 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 . (B) recommends mental health treatment or intellectual and developmental disability services for the defendant, as applicable; (4) the magistrate determines, in consultation with the local mental health authority or local intellectual and developmental disability authority, that appropriate community-based mental health or intellectual and developmental disability services for the defendant are available in accordance with Section 534.053 or 534.103, Health and Safety Code, or through another mental health or intellectual and developmental disability services provider; and. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT. 785, Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Art. Buy . Sept. 1, 2001. 1, eff. (2) a nonprofit corporation organized for a religious purpose. 374, Sec. 3, eff. In support of this Motion, the Defendant would like the Court to consider the following items. 16, Sec. <> Added by Acts 2021, 87th Leg., 2nd C.S., Ch. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN. 1506, Sec. 982 (H.B. (b) amended by Acts 2003, 78th Leg., ch. 284(45), eff. }{\plain \fs24 \*\cs1 [FIRM NAME]\par Aug. 26, 1991. Sec. Acts 2021, 87th Leg., 2nd C.S., Ch. 14, Sec. will be able to pay all amounts ordered by this Court.\par 17.152. (2) has been issued a certificate under Subsection (d) with respect to that county. 420 (S.B. Art. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. Art. Sec. (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. June 20, 2003; Subsec. (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (4) the attorney representing the state. 1350 (H.B. }\pard \fs24 Some conditions of bond will not surprise you no drug use, faithfully work at suitable employment, remain in Texas, regularly report to your probation officer, and notify probation of any address change. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par 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. (B) any offense involving family violence, as defined by Section 71.004, Family Code. June 20, 2003. 2.05, eff. Copyright 1999 2023 GoDaddy Operating Company, LLC. 17.34. 1, eff. (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not: (1) communicate directly or indirectly with the victim; or. Sept. 1, 1999; Subsecs. 1, eff. (d) amended by Acts 2003, 78th Leg., ch. Preview (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. 722. 942, Sec. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. September 1, 2019. 17.17. 1, eff. 17.18. September 1, 2013. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent Sec. 736 (H.B. to Modify Terms and Conditions of Probation and for cause would show the Court as follows: ' Defendant, has been on bond since January 23, 2019. September 1, 2007. A bail bond must contain the following requisites: 1. art. {\*\pnseclvl5\pnlcltr\pnstart1{\pntxtb (}{\pntxta )}} Subsecs. 17.30. 1224 (H.B. If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. {\plain \fs24 \*\cs1 \par {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par A request to modify a property settlement, child custody case, or alimony case requires filing a "motion to modify." This motion is filed with the same court where the divorce judgment was issued. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. (a) This article does not apply with respect to a defendant to whom Article 17.41 applies. }{\plain \fs24 \*\cs1 By: _______________________________ \par 3, eff. 8), Sec. 5. 1070), Sec. Aug. 28, 1995; Subsec. Art. Art. 17.025. Part 1 Drafting the Motion Download Article 1 Identify which condition you want to modify. Acts 2007, 80th Leg., R.S., Ch. 122 (H.B. 1, eff. 4, eff. September 1, 2005. }\pard \fs24 Access from your Country was disabled by the administrator. (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. (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. (4) the court that issued the order releasing the defendant on bond. 722. ZDU\gKczBUWQUj }{\plain \fs24 \*\cs1 [ADDRESS]\par 1005), Sec. SHALL CERTIFY PROCEEDINGS. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1991. 437 (H.B. 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. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. 2, eff. 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. endobj Art. (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. BAIL DECISION. Art. Art. . Acts 2021, 87th Leg., R.S., Ch. The defendant shall attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse. }\pard \fs24 (i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 697, Sec. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. 17.47. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). Added by Acts 2005, 79th Leg., Ch. P %_;b. VSr}_}^.8ol92SA1; 0 wi]"q-=&)w146Yh*QZvjh#u:?ESJPyy\u{"_6Rmc^Z#h/-+bq8u217zIAdP[2yhh!C@[L#eOZOVs_6Gk = ncL!kT_[gg5ymZ/m}G +m4jjihswZ,M0o+_DkklX$q0!PAMk 74d>tEYZC|@,=:YrK*:0,?1h,@ Aug. 30, 1971. 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. Motion to Set Aside Bond Forfeiture Prior to Civil Suit Motion to Substitute Bond Motion to Substitute Counsel Motion to Withdraw Counsel Motion and Order to have Defendant Examined for Competency Order Refunding Cash Bond Plea of Guilty - No Good Conduct Time for Violent Offenders (per Governor's COVID-19 Emergency Order) 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. 110, Sec. "Modify" is simply another word for "change." 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 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. (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. Art. The highlights include: Defendant's Motion To Modify Bond Conditions As Not In Best Interest Of Justice. 1849), Sec. }{\plain \fs24 \*\cs1 [FAX]\par "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. Acts 2019, 86th Leg., R.S., Ch. 17.022. 1228 (S.B. 1326), Sec. 4. 10, Sec. FURTHER DETENTION OF CERTAIN PERSONS. 17.39. (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. Most states provide specific forms to complete. 2.08, eff. If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. (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. The judgment \softline 2, eff. 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. (b) Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond. {\plain \fs24 \*\cs1\b CAUSE NO. The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} (e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted. 1352 (S.B. 6), Sec. 20, eff. Jan. 28, 1997. TRAINING ON DUTIES REGARDING BAIL. 17.47 by Acts 2003, 78th Leg., ch. 978 (H.B. Art. Acts 2017, 85th Leg., R.S., Ch. 1113 (H.B. Art. RECORDS OF BAIL. 599), Sec. 4. 1, eff. 346), Sec. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 1. 1, eff. 9, eff. (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. (f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be: (1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. 2, eff. 6), Sec. effect.\par 17.021. (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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 11 (S.B. Art. }{\plain \fs24 \*\cs1 \par September 1, 2011. September 1, 2015. WHEN SURRENDER IS MADE DURING TERM. Sept. 1, 1995. (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. Sept. 1, 1985. (2) while released on bail or community supervision for an offense involving violence, is charged with committing: (A) any offense punishable as a felony; or. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline 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. 3000), Sec. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par Amended by Acts 1971, 62nd Leg., p. 3046, ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. September 1, 2021. }{\plain \fs24 \*\cs1 \par 1, eff. Sept. 1, 1999. 284(46), eff. 3, eff. 17.028. Art. Acts 2017, 85th Leg., R.S., Ch. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 14.19, eff. 748 (S.B. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. (d) amended by Acts 2003, 78th Leg., ch. Amended by Acts 1989, 71st Leg., ch. 1, eff. 1658), Sec. Art. 6), 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. NOTICE OF CONDITIONS. (c) The magistrate, unless good cause is shown for not requiring treatment or services, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health treatment or intellectual and developmental disability services as recommended by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert if the defendant's: (1) mental illness or intellectual disability is chronic in nature; or. 6), Sec. June 17, 2011. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant. September 1, 2011. 1, eff. Subsec. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par {\plain \fs24 \*\cs1\b V.\tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab \tab \tab \tab OF __________COUNTY, TEXAS\par 17.033. In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (1) consider the public safety report before setting bail; and. 982 (H.B. 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. In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1005), Sec. View All /QuickLinks.aspx.