1, eff. CHANGE OF ADDRESS OR . 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. Added by Acts 2021, 87th Leg., R.S., Ch. 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. 6), Sec. 1, eff. Sept. 1, 1999. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Jan. 28, 1997. 1276 (H.B. (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. 1, eff. 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. 1, eff. June 14, 2013. (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. Mr. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. June 17, 2011. }\pard \fs24 2.04, eff. 595, Sec. . {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par {\plain \fs24 \*\cs1\b I}{\plain \fs24 \*\cs1 .\par Courts can monitor whether defendants obey their bond conditions in several ways. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and. (2) described by Subsection (c), the sheriff shall modify or remove the appropriate record in the database. {\plain \fs24 \*\cs1\b CAUSE NO. (e) amended by Acts 2003, 78th Leg., ch. 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. 16, Sec. (C) who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond. "Modify" is simply another word for "change." 1352 (S.B. A motion needs to be filed with the court and served on the prosecutor to change the conditions of the bond from no contact to no violent contact. E-File Tips (PDF) Standing Order - Felony Bond Conditions. 2, eff. (b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of: (2) the number of positions maintained for office staff; (3) the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and. Sec. 17.42 by Acts 1991, 72nd Leg., ch. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused: (1) withdraws a waiver of the right to counsel; or. 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 766), Sec. 17.49. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. 1070), Sec. }{\plain \fs24 \*\cs1 \tab WHEREFORE, Probationer prays that this motion be granted and the relief requested made \softline Defendant is charged with Driving While Intoxicated. 221 (H.B. Art. (B) maintain a confidential record of the mailing address for use only by: (ii) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety; and. September 1, 2017. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 September 1, 2009. Acts 2021, 87th Leg., 2nd C.S., Ch. 17.045. Sept. 1, 1999. 66 (S.B. Sept. 1, 1993. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par September 1, 2007. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. Art. 4, eff. 552, Sec. 3, eff. }\pard \fs24\sl480\slmult1 {\*\pnseclvl6\pnlcrm\pnstart1{\pntxtb (}{\pntxta )}} (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. 20, eff. 5, eff. Art. 3, eff. A bail bond must contain the following requisites: 1. 3, eff. 3751), Sec. 17.35. January 1, 2022. (3) denied bail in accordance with the Texas Constitution and other law. Acts 2013, 83rd Leg., R.S., Ch. (a) amended by Acts 1995, 74th Leg., ch. II. }}. MOTION TO INCREASE BOND AND AMEND BOND CONDITIONS THE HONORABLE JUDGE OF SAID COURT: COMES NOW the State of Texas by and through her Assistant District Attorney, Jim Trotter, and files this Motion to Increase Bond and Amend Bond Conditions and would respectfully show the Court as follows: I. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. 3000), Sec. 11 (S.B. 17.52. 420 (S.B. 1, eff. {\plain \fs24 \*\cs1 \par (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. }\page CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE. 17.47. (a) amended by Acts 1995, 74th Leg., ch. 17.01. 17.141. 5, eff. (2) the penalties for violating a condition of release. 950 (S.B. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. Acts 2017, 85th Leg., R.S., Ch. __________________\par (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. Sec. 17.24. I am without means to pay ______ and I hereby request that an appropriate bail be set. 90 (S.B. 618, Sec. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. January 1, 2016. }{\plain \fs24 \*\cs1 \par (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. (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 2021, 87th Leg., 2nd C.S., Ch. 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. 4, eff. 17.32. (b), (c) amended by Acts 2001, 77th Leg., ch. (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. and probation fees, but with an extension of one (1) year in the term of probation, the Probationer \softline 1, eff. 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. 2 0 obj 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. Sept. 1, 1999. Art. (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. Art. 17.15. 4, eff. 298, Sec. Added by Acts 1989, 71st Leg., ch. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 769 (H.B. ZDU\gKczBUWQUj {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 4. (3) prohibiting the release of the information to the defendant. 601), Sec. 6, eff. \notabind\margl1440\margr1440\hyphhotz936\ftnbj\fet2\ftnrstpg\aftnnar\viewkind1\lytprtmet\subfontbysize \sectd \sbknone\marglsxn1318\margrsxn1318\headery1440\footery1440\endnhere\endnhere Added by Acts 1999, 76th Leg., ch. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. (979) 652-5246. June 17, 2005. (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. 2, eff. September 1, 2019. subjected to a revocation of probation at a later date, which would not have been possible without \softline S>f. IOQD }E+ @.T)n )`R>_#/:ldT1|t=](2 l< %0 0M(v1 =b 11 (S.B. 375), Sec. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. January 1, 2017. (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. Q_%^YA7'zN=OX@p"M6wpD`)t=~nY2Z/g"3^Z|pV\)~GbzT#Bd$X[9X!KE9A Jyz[\u,>~Oo? 14.20, eff. {\plain \fs24 \*\cs1\b THE STATE OF TEXAS\tab \tab \tab {\u167\'a7}\tab \tab \tab IN THE ______________ COURT\par (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. (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. Acts 2007, 80th Leg., R.S., Ch. (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.