(e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including: (1) the number for each category of offense; (f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary. (13) Section 20A.03 (continuous trafficking of persons). 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. 437 (H.B. Acts 2019, 86th Leg., R.S., Ch. 3.08, eff. }{\plain \fs24 \*\cs1 \tab IT IS THEREFORE ORDERED that the term of probation in this cause be extended for a \softline The judgment \softline (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. Sept. 1, 1999. (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. 593 (H.B. endobj Acts 2011, 82nd Leg., R.S., Ch. 1, eff. (5) any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. 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. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline 14, eff. 17.25. 2.05, eff. Subsec. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. Subsec. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tqr\tx9603 9. (a) amended by Acts 2003, 78th Leg., ch. 17.50. Sept. 1, 1994. }\pard \fs24 2 0 obj 2.01, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Amended by Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. September 1, 2015. 537, Sec. The bond conditions are noted in triplicate with a copy that the accused signs. Amended by Acts 1971, 62nd Leg., p. 3045, ch. 2, eff. 584), Sec. 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. Sec. Amended by Acts 1967, 60th Leg., p. 1736, ch. (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. 1 0 obj }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 ORDER SETTING BOND AMOUNT & CONDITIONS . }{\plain \fs24 \*\cs1 By: _______________________________\par 13, eff. January 1, 2016. to Modify and Extend Terms of Probation. (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. 950 (S.B. <> (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. (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. 7.002(f), eff. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. 221 (H.B. 1, eff. This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01. 87.004. (e) A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization. Art. Acts 2009, 81st Leg., R.S., Ch. A defendant must obey bond conditions or risk being jailed again. Added by Acts 1995, 74th Leg., ch. 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. {\plain \fs24 \*\cs1 \par }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 }{\plain \fs24 \*\cs1 \par 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. {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} {\plain \fs24 \*\cs1\b\ul CERTIFICATE OF SERVICE}{\plain \fs24 \*\cs1 \par Acts 2019, 86th Leg., R.S., Ch. December 2, 2021. TAX RATE:TAX RATE: TRAVIS COUNTY ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. (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. (2) in compliance with the training requirements of Article 17.024. 17.37. endobj MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. Acts 2015, 84th Leg., R.S., Ch. (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. Art. (d) amended by Acts 1999, 76th Leg., ch. 2, Sec. <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> (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. Art. (c) A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of: (1) a misdemeanor involving moral turpitude; or. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 1005), Sec. 17.09. 20, eff. 1, eff. 17.42 by Acts 1991, 72nd Leg., ch. 1174 (S.B. }{\plain \fs24 \*\cs1 \par (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). A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. September 1, 2017. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 Acts 2021, 87th Leg., 2nd C.S., Ch. 03"}VQQ2FJ%#]v5O*N.Vgz83)'vHB|i0ia~;^X,B&+@2P(y0G)'B,T }{\plain \fs24 \*\cs1 \par Sept. 1, 2003. {\plain \fs24 \*\cs1 \par 1113 (H.B. 14.19, eff. Art. <> Art. June 20, 1987. 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. (d) As soon as practicable but not later than the next business day after the date the sheriff receives the information: (1) described by Subsection (b), the sheriff shall: (A) enter the information into the database; and, (B) make a good faith effort to notify by telephone any named person the condition of bond is intended to protect, and if different and applicable, the victim of the alleged offense that the defendant to whom the order is directed has been released on bond; and. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. (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. Jan. 28, 1997; Subsec. (4) the court that issued the order releasing the defendant on bond. 3, eff. 324 (S.B. (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. 194), Sec. 2. Added by Acts 1977, 65th Leg., p. 1972, ch. an extension of probation.\par (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. 108 (S.B. $x@ohzr7cp#`:B. }\page Defendant will be traveling out of state due to employment purposes. Angleton: (979) 652-5246. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 2, eff. 7. 766), Sec. 1275), Sec. WITNESSES TO GIVE BOND. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. P840 (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. September 1, 2011. 1. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. "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. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond. probation for the one (1) year period requested by the Probationer, the Probationer could be \softline Added by Acts 2021, 87th Leg., R.S., Ch. (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. 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. Sept. 1, 1987. 396, Sec. (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. 748 (S.B. {\plain \fs24 \*\cs1\b CAUSE NO. (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. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. reopen a prior custody hearing. (b) amended by Acts 1989, 71st Leg., ch. (b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. (f) The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e). September 1, 2007. September 1, 2019. Sept. 1, 2003. 4, eff. September 1, 2021. 1005), Sec. 243 (S.B. {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc 1, eff. (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. 1, eff. BAIL IN FELONY. 3, eff. 2, eff. (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. May 5, 1997. Sept. 1, 1997; Subsecs. Art. (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. 1913), Sec. The judgment, among other terms and conditions, ordered Probationer \softline (1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code. (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. (e) In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c). 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. January 1, 2020. P840 56), Sec. Art. 1506, Sec. 17.071. PROCEEDINGS WHEN BAIL IS GRANTED. 2, eff. Secs. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community. (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. (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. (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. 1, eff. {\*\cs1 \additive\f1\fs20 Plain Text;} . View the latest COVID-19 information. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. (k) Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year. }\pard \fs24 1352 (S.B. ]*z P T>3wc{-)G .*CqW. 17.29. (3) does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body. September 1, 2011. DISQUALIFIED SURETIES. I ask the court to conduct a hearing to modify the pretrial release conditions. KP-0270 Re: Authority of the State to obtain an arrest warrant for a defendant previously released on pretrial bond conditions if credible evidence exists he violated those conditions (RQ-0283-KP) }{\plain \fs24 \*\cs1 \tab I certify that a true copy of the foregoing motion to modify conditions of probation was \softline If the defendant is charged with a felony, that it state that he is charged with a felony. {\stylesheet{\fs20 \snext0 Normal;} 2, eff. (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. {\plain \fs24 \*\cs1 \par Acts 2015, 84th Leg., R.S., Ch. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 17.13. (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. xnF@/dCR$Nd4vV7H(TRPD:MEs/s>G{~n .#qO,{V}:>~Lr-a00K.JXzH;>d['[KXGyGMNC=cANN!P>X$|/ ruw/+k>-9`A'V5|?n (2) a two-hour continuing education course. 2.04, eff. Art. Acts 2015, 84th Leg., R.S., Ch. (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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney\par 1070), Sec. September 1, 2007. 1, eff. Sec. Subsec. WITNESS MAY BE COMMITTED. 1, eff. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} 950 (S.B. (B) if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. 595, Sec. NOTICE OF APPEARANCE DATE. 6), Sec. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443.
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