motion to modify bond conditions texas

A "Modification Hearing" is the process by which to make changes in your EPO. 221 (H.B. Acts 2013, 83rd Leg., R.S., Ch. June 17, 2011. 982 (H.B. 6), Sec. endobj 375), Sec. (g) The court may order that a personal bond fee assessed under Section 17.42 be: (1) paid before the defendant is released; (4) reduced as otherwise provided for by statute; or. (a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. (c-1) In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order. 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 2 0 obj Sept. 1, 1989. 76, Sec. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. (T) Section 43.25 (sexual performance by a child). 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. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. 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. (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. Art. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. 2, eff. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification. 1, eff. September 1, 2021. January 1, 2020. 87.004. Acts 2007, 80th Leg., R.S., Ch. 1801), Sec. (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 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). Reasonable time shall be given the accused to procure security. 9, eff. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T 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 $22.42. Angleton: (979) 652-5246. 2, eff. 3, eff. GENERAL RULES APPLICABLE. Art. 3000), Sec. Court the following:\par (b) amended by Acts 1995, 74th Leg., ch. 618, Sec. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. September 1, 2009. 17.23. Acts 2021, 87th Leg., R.S., Ch. 2499), 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. PROCEDURES AND FORMS RELATED TO MONETARY BOND. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 17.05. September 1, 2007. 657, Sec. (2) a two-hour continuing education course. (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. (2) in compliance with the training requirements of Article 17.024. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. (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. motion-to-modify-bond-conditions Document for The State of Texas VS. JENNIFER FUNK Track Case Changes Download Document Print Document On May 14, 2020 a Motion to Modify - BOND CONDITIONS was filed involving a dispute between The State Of Texas , and for Habeas Corpus in the District Court of Hidalgo County. Austin-Travis County's COVID-19 Community Level is currently, Motion to Set Aside Bond Forfeiture Prior to Civil Suit, Motion and Order to have Defendant Examined for Competency, Plea of Guilty - No Good Conduct Time for Violent Offenders (per Governor's COVID-19 Emergency Order), Trial Courts Certification of Defendants Right to Appeal, Judgment of Conviction by Court-Bench Trial, Waiver of Personal Appearance of Enter Plea. 3. The defendant and the defendant's sureties are not required to appear in court. 17.06. 2, eff. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. 17.29. September 1, 2015. 1, eff. September 1, 2005. (l) In the order for emergency protection, the magistrate shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the defendant. (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. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par April 5, 2001. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\tab \tab _____ TH JUDICIAL DISTRICT\par }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603 2767), Sec. (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). 978 (H.B. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ___________________________________\par A personal bond may be taken of a witness by the court before whom the case is pending. 346), Sec. PROCEEDINGS WHEN BAIL IS GRANTED. 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. September 1, 2015. All Rights Reserved. EXEMPT PROPERTY. (b) amended by Acts 1997, 75th Leg., ch. 17.293. The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness. (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. 1823), Sec. {\plain \fs24 \*\cs1\b\ul ORDER MODIFYING AND EXTENDING TERMS\par 1849), Sec. (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. January 1, 2008. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ (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. 1, eff. 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. Art. 11 (S.B. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). 17.18. 1, eff. effect.\par 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. September 1, 2017. 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. II. {\plain \fs24 \*\cs1 Probationer has become delinquent in the amount of $__________ for fines, court costs, and \softline (i) amended by Acts 1999, 76th Leg., ch. 2, p. 317, ch. Art. 1, eff. June 20, 2003; Subsec. 4, eff. Acts 2011, 82nd Leg., R.S., Ch. Access from your Country was disabled by the administrator. 17.025. 722. 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. }{\plain \fs24 \*\cs1 \par 3. 6), Sec. 1576), Sec. (d) To the extent that a condition imposed 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 a period specified by the magistrate, not to exceed 90 days. January 1, 2022. Sept. 1, 1997; Subsec. 284(57), eff. amend the terms and conditions of probation in this cause and in support thereof would show the \softline 4, eff. 654 (H.B. 110, Sec. September 1, 2007. }\page {\*\pnseclvl8\pnlcltr\pnstart1{\pntxta .}} Each surety listed under this article must file annually a sworn financial statement with the sheriff. Art. 2, p. 317, ch. Acts 2005, 79th Leg., Ch. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par (b) amended by Acts 1989, 71st Leg., ch. September 1, 2017. (d) The victim of the offense need not be present when the order for emergency protection is issued. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline 2, eff. June 17, 2011. endobj 1506, Sec. }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline Sec. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. endobj endobj Sec. Sept. 1, 1999. endobj XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ RELEASE ON PERSONAL BOND. 2. 722. (3) "Business day" means a day other than a Saturday, Sunday, or state or national holiday. Sec. January 1, 2020. offense of _____________. {\*\cs1 \additive\f1\fs20 Plain Text;} 17.43. 5, eff. 20, eff. January 1, 2017. }\pard \fs24 Acts 2017, 85th Leg., R.S., Ch. RD . 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. Art. Added by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., 2nd C.S., Ch. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. 346), Sec. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\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. Amended by Acts 1989, 71st Leg., ch. 2, eff. (a) amended by Acts 1999, 76th Leg., ch. 942, Sec. 318, Sec. 17.08. (979) 652-5246. SURRENDER IN VACATION. (c) A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person: (1) is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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 Sec. }{\plain \fs24 \*\cs1 \par 17.152. 10, Sec. P %_;b. Watch the live stream. to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline Acts 2007, 80th Leg., R.S., Ch. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. 17.47. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. Added by Acts 1995, 74th Leg., ch. (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. 736 (H.B. (2) delivered to the office of the prosecuting attorney. 515 (H.B. ZDU\gKczBUWQUj Acts 2019, 86th Leg., R.S., Ch. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and. (2) "Firearm" has the meaning assigned by Chapter 46, Penal Code. June 20, 2003; Subsec. Added by Acts 2021, 87th Leg., R.S., Ch. 5, eff. Art. 593 (H.B. Courts can monitor whether defendants obey their bond conditions in several ways. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T }{\plain \fs24 \*\cs1 \par }{\plain \fs24 \*\cs1 \par 17.15. The ability to make bail shall be considered, and proof may be taken on this point. Acts 2013, 83rd Leg., R.S., Ch. 1174 (S.B. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. Sept. 1, 1999; Subsec. (b) A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. endobj {\*\pnseclvl3\pnlcrm\pnstart1{\pntxta .}} 17.16. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline (2) requests the assistance of counsel, appointed or retained. 14, Sec. Sept. 1, 1991; Subsec. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. into an Order of this Court.\par 6), Sec. January 1, 2008. 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. (3) the modification will not in any way endanger a person protected under the order. 1352 (S.B. 17.441. (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense involving family violence; or. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. The bond conditions are noted in triplicate with a copy that the accused signs. 278 (H.B. 2.01, eff. The courses developed must include: (1) an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and. (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. (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. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. Sept. 1, 1999. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. (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. Amended by Acts 1987, 70th Leg., ch. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. Do not hesitate to contact the EPO Attorneys to discuss your situation and whether a modification is appropriate in your case. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. 1, eff. Art. (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. 982 (H.B. Acts 2009, 81st Leg., R.S., Ch. 7.002(f), eff. 6), Sec. (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. 6), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 17.36. (a) The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond.

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