January 1, 2020. The court may waive the fee or assess a lesser fee if good cause is shown. 3751), Sec. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. (b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. Art. 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. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. 2, eff. Amended by Acts 1971, 62nd Leg., p. 3045, ch. 2014), Sec. 1224 (H.B. 17.38. 6), Sec. 1047, Sec. 3. 11 (S.B. 346), Sec. 4, eff. 3, eff. 2 0 obj Art. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. 17.43. 2.06, eff. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par (b)(2) amended by Acts 1991, 72nd Leg., ch. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. Pearland: (832) 536-9547. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 1, eff. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T Sept. 1, 1999. Acts 2011, 82nd Leg., R.S., Ch. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. Sept. 1, 1994. (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. 1 0 obj }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline Aaron A. Martinez JRachelle awasalam Memorandum in Support of the Motion JRachelle 1506), Sec. Acts 2015, 84th Leg., R.S., Ch. Art. 34, eff. 3, eff. 298, Sec. {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc (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. September 1, 2021. If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. (c) amended by Acts 2003, 78th Leg., ch. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. (e) In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article. (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. }{\plain \fs24 \*\cs1 \par 1, eff. 3145 (b) and respectfully requests that he be released with certain conditions and supervision . 1, eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par Acts 2007, 80th Leg., R.S., Ch. June 8, 1971. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. (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. (c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article. cause and amending the terms and conditions of probation.\par Art. 1, eff. September 1, 2019. }\pard \fs24\sl480\slmult1 RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. Latrelle Noss Mouton v. The State of Texas Appeal from 114th District 232 (H.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 1070), Sec. Art. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 September 1, 2017. 346), Sec. 17, eff. Art. 1005), Sec. 1, Sec. "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. June 17, 2005. Motions to Modify Bonds. (i) amended by Acts 1999, 76th Leg., ch. stream }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer was placed on probation for a period of years in this \softline 610, Sec. 44, eff. 17.024. Art. 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. (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. 1, eff. 10, Sec. (2) promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section. }\pard \fs24 September 1, 2007. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. January 1, 2020. PERSONAL BOND. Amended by Acts 1987, 70th Leg., ch. Subsec. 17.52. (2) Section 25.02 (Prohibited Sexual Conduct). Art. 1, eff. Added by Acts 1999, 76th Leg., ch. June 20, 2003. Acts 2019, 86th Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. (h) The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T 6), Sec. September 1, 2005. Added by Acts 1977, 65th Leg., p. 1972, ch. (3) prohibiting the release of the information to the defendant. Sept. 1, 1997; Subsec. Art. 17.27. (3) file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office. 12, eff. 11 (S.B. Sec. If you want to make changes or cancel the protection order, fill out the following form and file it in person (601 N Pecos) or by email ( tpocom@clarkcountycourts.us ). (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. }{\plain \fs24 \*\cs1 \par 514, Sec. Sec. 722. 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. All general rules in the Chapter are applicable to bail defendant before an examining court. (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. 0_b WHEN A BAIL BOND IS GIVEN. (b) amended by Acts 1999, 76th Leg., ch. 1412, Sec. Added by Acts 2005, 79th Leg., Ch. January 1, 2022. (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. Acts 2021, 87th Leg., 2nd C.S., Ch. that the Court extend the period of probation heretofore ordered so that ____________________ , \softline 1, eff. (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. 374, Sec. (a) Except as provided by Subsection (b) or (b-1), a magistrate may, in the magistrate's discretion, release the defendant on personal bond without sureties or other security. (b) amended by Acts 1997, 75th Leg., ch. Art. 17.021. (a) The Office of Court Administration of the Texas Judicial System shall develop and maintain a public safety report system that is available for use for purposes of Article 17.15. 17.26. The interest of justice would best be served by leaving the Probationer on probation in this \softline 17.12. 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) (C) disclose the designated person's mailing address to the court; (A) strike the mailing address of the person protected by the order from the public records of the court, if applicable; and. (f) To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection. Art. 2, eff. }{\plain \fs24 \*\cs1 State Bar No. 1, eff. 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. September 1, 2009. {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} All Rights Reserved. Sample California motion to vacate default judgment under ccp section 473 Judgment and decree Cpc final views Viewers also liked (20 Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron. (979) 652-5246. 4, eff. 17.081. }\pard \fs24\sl480\slmult1 318, Sec. {\*\pnseclvl9\pnlcrm\pnstart1} 17.36. 942, Sec. 5, eff. (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. June 14, 1995; amended by Acts 1997, 75th Leg., ch. endobj CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. $x@ohzr7cp#`:B. (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. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. 5. September 1, 2005. September 1, 2011. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. 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. PDF State of Texas Ignition Interlock Laws: A Policy Evaluation - county 2. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. 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. 1005), Sec. 7, eff. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 Art. 2. 2, eff. 2299), Sec. (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. 2499), Sec. DEFENDANT'S MOTION TO REMOVE ELM AS CONDITION OF BOND Defendant respectfully moves this Court to remove electronic monitoring as a condition of bond.