}\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 722. 1, eff. (e) In this article, a person is considered to have been convicted of an offense if: (2) the person is placed on community supervision or receives deferred adjudication; or. A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any. 17.085. 1, eff. 1, eff. The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown. (d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. September 1, 2007. 2, p. 317, ch. 1064 (H.B. endobj September 1, 2011. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. endobj (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. (a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 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. Sept. 1, 1999. 766), Sec. September 1, 2015. 4, eff. 2182), Sec. If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par (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. (5) the presiding judge or magistrate who authorized the personal bond. (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. September 1, 2017. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ___________________________________\par (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 [FAX]\par (b) The office shall provide for a method of certifying that a magistrate has successfully completed a training course required under this article and has demonstrated competency of the course content in a manner acceptable to the office. }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par 3, eff. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. {\plain \fs24 \*\cs1 \par DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. Art. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or. 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. (c) The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations. June 17, 2011. cause and amending the terms and conditions of probation.\par (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. 5. 1352 (S.B. 2, eff. 1276 (H.B. }{\plain \fs24 \*\cs1 \par WHEN BAIL IS NOT GIVEN. Sec. 3.10, eff. December 2, 2021. The magistrate shall make a separate record of the service in written or electronic format. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. 1005), Sec. Acts 2009, 81st Leg., R.S., Ch. (b) amended by Acts 2003, 78th Leg., ch. Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses. 910), Sec. As of July 1, 2018, North Richland Hills is the only municipality that is still setting its own bonds. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and. 17.47 by Acts 2003, 78th Leg., ch. 671 (S.B. (4) possessing a firearm, unless the person is 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. Acts 2011, 82nd Leg., R.S., Ch. (j) An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order by the magistrate or the magistrate's designee in person or electronically. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3, eff. The court will set a hearing for both parties to attend. 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. Art. (f) A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System. 17.081. (b)(2) amended by Acts 1991, 72nd Leg., ch. Aaron A. Martinez JRachelle awasalam Memorandum in Support of the Motion JRachelle January 1, 2022. Acts 2007, 80th Leg., R.S., Ch. Subsec. REQUIRED TRAINING. 779 (H.B. 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. Answer Jury Summons. 14, eff. 1, eff. Amended by Acts 1991, 72nd Leg., ch. 1, eff. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. S>f. (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. 284(45), eff. (3) the court defers final disposition of the case. Acts 2019, 86th Leg., R.S., Ch. 11.20, eff. endobj (d) 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. June 14, 1995. 17.071. 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 (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. Amended by Acts 1987, 70th Leg., ch. 2730), Sec. 2299), Sec. 34, Sec. (2) develop and adopt a form for use by magistrates and sheriffs to facilitate the data collection and data entry required by this article. WHEN READY TO GIVE BAIL. 1 0 obj Acts 2005, 79th Leg., Ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _______________________________\par (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. Buy . Sec. (3) demand surrender of the suspended license from the license holder. Sept. 1, 2001. 3 0 obj The Probationer appeared by attorney, and the State of \softline {\plain \fs24 \*\cs1 \par {\plain \fs24 \*\cs1 Probationer pled guilty and was placed on probation in this cause on _____________, for the \softline (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. Sec. (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. Defendant will be traveling out of state due to employment purposes. endobj 2, eff. Conditions of bond in Texas and your criminal case. 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. January 1, 2022. 623, Sec. 17.45. 3. 2(6), eff. 4. Art. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 16, Sec. (a), (b) amended by Acts 1997, 75th Leg., ch. 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. 599), Sec. September 1, 2021. On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j). (f-2) 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 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code: (1) is informed of the existence of the order issued under this article; and. Art. }\pard \fs24\qc\sl480\slmult1 On the other hand, a prosecutor who does not want to see a defendant released might file a motion to modify asking the judge to increase the defendant's bail. Art. }\pard \fs24 2.05, eff. September 1, 2017. 2, eff. 1, eff. (b) This article may not be construed to extend any deadline provided by Article 15.17. 17.025. (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. Acts 2019, 86th Leg., R.S., Ch. Sec. Amended by Acts 1967, 60th Leg., p. 1736, ch. (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. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail. June 8, 1971. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. 722. PROCEDURES AND FORMS RELATED TO MONETARY BOND. 595, Sec. 1, eff. (2) in compliance with the training requirements of Article 17.024. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 1352 (S.B. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS ORDER. 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. (2) authorizes a magistrate to make a bail decision for a defendant without considering each of the factors in Article 17.15(a). September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. (k) A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter. 424, Sec. (b) A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk. 2390), Sec. art. }\pard \fs24 January 1, 2020. (e) The magistrate or the magistrate's designee shall provide written notice to the defendant of: (1) the conditions of release on bond; and. Sept. 1, 1989. 1, eff. 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. (c) The magistrate in the order for emergency protection may prohibit the arrested party from: (A) family violence or an assault on the person protected under the order; or. 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. 1, eff. 108 (S.B. The bond conditions are noted in triplicate with a copy that the accused signs. PUBLIC SAFETY REPORT SYSTEM. 4 (S.B. Sec. 1275, Sec. (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or, (C) a judge or justice serving under Chapter 74, Government Code; and. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline {\plain \fs24 \*\cs1\b CAUSE NO. 6), Sec. Acts 2007, 80th Leg., R.S., Ch. Subsec. 2.06, eff. Added by Acts 1989, 71st Leg., ch. September 1, 2021. 7, eff. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population. 2.09, eff. Art. 722. 2. Added by Acts 1999, 76th Leg., ch. {\plain \fs24 \*\cs1\b CAUSE NO. 6), Sec. 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 SURRENDER IN VACATION. 17.35. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment. 2, Sec. {\plain \fs24 \*\cs1\b II. 785, Sec. Art. (c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. (979) 652-5246. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. 17.50. ]*z P T>3wc{-)G .*CqW. 17.024. 318, Sec. 1064 (H.B. 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. September 1, 2015. }\pard \fs24 44, eff. September 1, 2021. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} 6), Sec. Call Us Today! 318, Sec. <> Art. 3, eff. }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline 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 17.045. Sec. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. be able to pay all amounts ordered by this Court.\par Added by Acts 1993, 73rd Leg., ch. {\plain \fs24 \*\cs1 \tab \tab SIGNED AND ENTERED on ____________________________ , 200__.\par 6), Sec. 17, eff. The judgment, among other terms and conditions, ordered Probationer \softline (c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond. 17.01. 232 (H.B. Sept. 1, 1999; Subsec. January 1, 2020. Art. 1, eff. Sept. 1, 1989. Added by Acts 2011, 82nd Leg., R.S., Ch. You might also want to cancel the protection order completely. 2, eff. 1 0 obj 346), Sec. September 1, 2021. }\pard \fs24 This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. 552, Sec. 2, eff. {\plain \fs24 \*\cs1 \par (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. (b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. 17.42 by Acts 1991, 72nd Leg., ch. 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) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. WHEN A BAIL BOND IS GIVEN. (a) amended by Acts 1999, 76th Leg., ch. September 1, 2013. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined 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 under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. (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. 1, eff. 17.153. If the case has not yet been accused by the State Court, then you may be able to file the motion with the magistrate . SURETIES SEVERALLY BOUND. (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. 17.26. (a) This article applies only to a defendant charged with an offense that is: (2) a misdemeanor punishable by confinement. Art. (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. 661, Sec. 3751), Sec. (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. {\plain \fs24 \*\cs1 \par 0_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.