(d) added by Acts 2003, 78th Leg., ch. Sept. 1, 1989; Sec. 17.291. PDF Attorney General of Texas 1113 (H.B. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], January 1, 2008. Defendant is charged with Driving While Intoxicated. 1047, Sec. 4, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 424, Sec. Document for The State of Texas VS. LARRY MEDRANO - Trellis 787, Sec. 977 (H.B. (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. September 1, 2021. endobj January 1, 2022. will be able to pay all amounts ordered by this Court.\par ACCUSED LIBERATED. 1, eff. September 1, 2017. (13) Section 20A.03 (continuous trafficking of persons). 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. Texas Criminal Forms | LexisNexis Store REQUISITES OF A PERSONAL BOND. Art. (b) A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence: (1) refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense; (2) carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay a reimbursement fee for the costs associated with operating that system in relation to the defendant; or. 312, Sec. Sept. 1, 1999. 2, eff. Acts 2021, 87th Leg., 2nd C.S., Ch. 3, eff. }{\plain \fs24 \*\cs1 [FAX]\par September 1, 2015. (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). Art. 5. 1, eff. The magistrate shall consider the facts presented and the rules established by Article 17.15(a) and shall set the defendant's bail. (b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not: (1) directly communicate with the alleged victim of the offense; or. Acts 2007, 80th Leg., R.S., Ch. 10, Sec. Art. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. 3, eff. 1224 (H.B. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline December 2, 2021. (d) The public safety report system may not: (1) be the only item relied on by a judge or magistrate in making a bail decision; (2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or. September 1, 2005. }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par 1, eff. }{\plain \fs24 \*\cs1 \par Added by Acts 1969, 61st Leg., p. 2033, 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. 17.465. }{\plain \fs24 \*\cs1 \tab The Court finds that the Probationer has become delinquent in payments for fine, court costs, \softline September 1, 2013. {\plain \fs24 \*\cs1 \par 17.36. 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 }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 463 (H.B. June 14, 1995. {\field{\*\fldinst {\lang4105 SEQ CHAPTER \\h \\r 1}}{\fldrslt }}\pard \fs24\qc (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action. 2, eff. (B) involves violence directed against a peace officer. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Art. 1, eff. TRAINING ON DUTIES REGARDING BAIL. The citizenship status of the defendant shall be considered. WHEN SURRENDER IS MADE DURING TERM. Motion and Order to Amend Bond. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. (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. 112), Sec. 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. 17.29. May 23, 2015. 1, eff. 737), Sec. Some conditions of bond will not surprise you no drug use, faithfully work at suitable employment, remain in Texas, regularly report to your probation officer, and notify probation of any address change. 3000), Sec. Sept. 1, 1995. 2 0 obj (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. 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. 950 (S.B. (3) denied bail in accordance with the Texas Constitution and other law. 3, eff. DEFENDANT'S MOTION TO REVOKE ORDER OF DETENTION OF TEXAS U.S. MAGISTRATE JUDGE AND TO MODIFY BOND CONDITIONS The Defendant, Mr. Alex Harkrider, by and through his attorney Kira Anne West, files this appeal of his detention pursuant to 18 U.S.C. Acts 2019, 86th Leg., R.S., Ch. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par 17.085. Sept. 1, 1985. Art. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. WITNESSES TO GIVE BOND. REQUISITES OF A BAIL BOND. 1276 (H.B. Art. Acts 2017, 85th Leg., R.S., Ch. 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. The provisions of this article do not apply to a defendant who is: (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or. Mr. (2) offered by an accredited institution of higher education in this state. 0_b 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. {\plain \fs24 \*\cs1 \par The court will set a hearing for both parties to attend. }\pard \fs24\fi-4320\li4320\tx720\tx1440\tx2160\tx2880\tx3600\tx4320 <>/Metadata 93 0 R/ViewerPreferences 94 0 R>> 110, Sec. Acts 2005, 79th Leg., Ch. 593 (H.B. 11 (S.B. 736 (H.B. 1178), Sec. }{\plain \fs24 \*\cs1 \par 9. 1298 (H.B. June 20, 1987; Subsec. }\page (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. (c) 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. stream Added by Acts 1993, 73rd Leg., ch. 5.01(a), eff. }\pard \fs24 The ability to make bail shall be considered, and proof may be taken on this point. 17.14. 17.03. (d) Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding: (1) the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article; (5) the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence; and. (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. }{\plain \fs24 \*\cs1 Asst. September 1, 2005. League City: (281) 346-9373. . Acts 2011, 82nd Leg., R.S., Ch. Art. 6. 87.004. 1, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2017. Added by Acts 2021, 87th Leg., R.S., Ch. Art. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Phone \par {\*\pnseclvl2\pnlcltr\pnstart1{\pntxta .}} 1, eff. 2 0 obj 2. September 1, 2005. (b) amended by Acts 2003, 78th Leg., ch. TCDLA {\*\pnseclvl9\pnlcrm\pnstart1} When drafting a motion to . (7) the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential. Added by Acts 2007, 80th Leg., R.S., Ch. 4, eff. (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. 736 (H.B. Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court.\par (g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article. (2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in: (A) federal custody, subject to Subsection (a-1); (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States. Acts 2019, 86th Leg., R.S., Ch. 7. Amended by Acts 1995, 74th Leg., ch. RD . 4, eff. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? (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. (2) requests the assistance of counsel, appointed or retained. (a) amended by Acts 2003, 78th Leg., ch. Art. September 1, 2017. 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. (b) amended by Acts 1997, 75th Leg., ch. 17.05. Acts 2005, 79th Leg., Ch. 346), Sec. 736 (H.B. 3692), Sec. 2, p. 317, ch. Acts 2007, 80th Leg., R.S., Ch. (f) A defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense and who is unable to give bail in the amount required by a schedule or order described by Subsection (e), other than a defendant who is denied bail, shall be provided with the opportunity to file with the applicable magistrate a sworn affidavit in substantially the following form: "On this ___ day of _____, 2____, I have been advised by ________ (name of the court or magistrate, as applicable) of the importance of providing true and complete information about my financial situation in connection with the charge pending against me. December 2, 2021. Sec. Depending on the jurisdiction, the prosecutors may or may not oppose the change. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1997; Subsecs. 6), Sec. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). September 1, 2007. 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. }{\plain \fs24 \*\cs1\b\ul AND CONDITIONS OF PROBATION\par 11 (S.B. 1, eff. (d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. RULES FOR SETTING AMOUNT OF BAIL. (d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. Amended by Acts 1987, 70th Leg., ch. (m) Notwithstanding Subsection (a), a magistrate may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6).