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. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. 1, eff. (c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. (f) amended by Acts 1991, 72nd Leg., ch. 910), Sec. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. 1, eff. Art. the State of Texas by and through her Assistant Criminal District Attorney, and moves this Court to \softline (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). REQUEST SETTING OF BAIL. As a practical matter, having the bond modified after it is set will take a significant period of time if the modification is referred . 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. 2. Acts 2021, 87th Leg., 2nd C.S., Ch. Sept. 1, 1989; Subsec. 17, eff. 1276 (H.B. The judgment, among other terms and conditions, ordered Probationer \softline June 17, 2011. (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. VSr}_}^.8ol92SA1; 0 wi]"q-=&)w146Yh*QZvjh#u:?ESJPyy\u{"_6Rmc^Z#h/-+bq8u217zIAdP[2yhh!C@[L#eOZOVs_6Gk = ncL!kT_[gg5ymZ/m}G +m4jjihswZ,M0o+_DkklX$q0!PAMk 74d>tEYZC|@,=:YrK*:0,?1h,@ That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device. NOTICE OF APPEARANCE DATE. 11 (S.B. 2 amended by Acts 1999, 76th Leg., ch. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. Acts 2021, 87th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 \tab COMES NOW, __________________, Probationer, by and through attorney of record, and \softline The Defendant is incarcerated in the El Paso County Detention Facility. The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. Art. Subsec. (3) except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay a reimbursement fee for the costs associated with providing the victim with an electronic receptor device that: (A) is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and. (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. (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. (B) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1). WITNESS MAY BE COMMITTED. (T) Section 43.25 (sexual performance by a child). 3, eff. December 2, 2021. effect.\par ]*z P T>3wc{-)G .*CqW. 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. }{\plain \fs24 \*\cs1 THE STATE OF TEXAS\par (B) an offense under the following provisions of the Penal Code: (iii) Section 22.07 (terroristic threat); or. 1224 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Commissioners Court session in progress. 1005), Sec. 4, eff. September 1, 2011. (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. Art. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 3, eff. 284(57), eff. (b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined 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 under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. 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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab State Bar Number\par P840 ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. 17.34. (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. (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. (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. be able to pay all amounts ordered by this Court.\par 11 (S.B. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. 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. $x@ohzr7cp#`:B. (2) the application of those cash funds to the defendant's outstanding court costs, fines, and fees. 1, eff. 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. Acts 2011, 82nd Leg., R.S., Ch. 4. (b) amended by Acts 1999, 76th Leg., ch. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law. 17.024. 14.21, eff. (j) A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant. (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. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ (i) amended by Acts 1999, 76th Leg., ch. endobj (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. (2) "Offense involving violence" means an offense under the following provisions of the Penal Code: (D) Section 20.04 (aggravated kidnapping); (E) Section 20A.02 (trafficking of persons); (F) Section 20A.03 (continuous trafficking of persons); (G) Section 21.02 (continuous sexual abuse of young child or disabled individual); (H) Section 21.11 (indecency with a child); (I) Section 22.01(a)(1) (assault), if the offense is: (i) punishable as a felony of the second degree under Subsection (b-2) of that section; or. The interest of justice would best be served by leaving the Probationer on probation in this \softline 1, eff. (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. June 18, 2003. (TcuPor1n2BJ3[xweJc", oBgi rH :0VZ%.G? 2, p. 317, ch. 4, eff. Added by Acts 2021, 87th Leg., R.S., 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). (d) In addition to a condition of release imposed under Subsection (c), the magistrate may require the defendant to comply with other conditions that are reasonably necessary to ensure the defendant's appearance in court as required and the safety of the community and the victim of the alleged offense. Subsec. The court will set a hearing for both parties to attend. 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 IOQD }E+ @.T)n )`R>_#/:ldT1|t=](2 l< %0 0M(v1 =b {\plain \fs24 \*\cs1 \par If a delay occurs that will cause the review under Subsection (h) to be held later than 48 hours after the defendant's arrest, the magistrate or an employee of the court or of the county in which the defendant is confined must provide notice of the delay to the defendant's counsel or to the defendant, if the defendant does not have counsel. 17.291. Art. Acts 2011, 82nd Leg., R.S., Ch. (a) amended by Acts 1999, 76th Leg., ch. May 11, 2007. 3. 2. 13, eff. 2, eff. {\plain \fs24 \*\cs1 \par 3. 243 (S.B. 2, eff. 1, eff. A personal bond may be taken of a witness by the court before whom the case is pending. Acts 2005, 79th Leg., Ch. STATE OF TEXAS IN DISTRICT COURT V. JUDICIAL DISTRICT _____ 443. 654 (H.B. 2. <> Added by Acts 1969, 61st Leg., p. 2033, ch. . Added by Acts 1971, 62nd Leg., p. 2445, ch. September 1, 2015. 346), Sec. 112), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\par Motions to Modify Bonds. DEFINITION OF "BAIL". 936 (S.B. September 1, 2011. The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion, typically a motion for bond reduction to lower the bail needed. January 1, 2008. 87 (S.B. Art. 11 (S.B. Criminal District Attorney, _____________ County, Texas\par 3 0 obj December 2, 2021. April 5, 2001. 17.05. 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. }{\plain \fs24 \*\cs1 \par RECORDS OF BAIL. (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. (a) amended by Acts 1995, 74th Leg., ch. 2, eff. 375), Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. }{\plain \fs24 \*\cs1 \tab Upon hearing the evidence offered by Probationer, including the request of said Probationer \softline Sept. 1, 1999. Art. 17.48. January 1, 2022. Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 Sept. 1, 1999. +"lE1'Oa|OOeh!>lEF9hAz,]'gU3^()eV;4|).8F8;)-bxgEIP[r1@$!db5*}P]B%uP7_%$_+], Acts 2015, 84th Leg., R.S., Ch. Art. All general rules in the Chapter are applicable to bail defendant before an examining court. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. {\f0\fnil \fcharset0 \fprq2 Times New Roman;}{\f1\fnil \fcharset0 \fprq2 Courier New;}}{\colortbl;\red0\green0\blue0;} Aug. 30, 1971. 514, Sec. }{\plain \fs24 \*\cs1 \par (2) the defendant, if no other person is able to produce a receipt for the funds. The solution is to seek a modification of the bond terms. (B) involves violence directed against a peace officer. Art. (c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer 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). 1, eff. (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. 2299), Sec. 17.36. September 1, 2017. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). (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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 3000), Sec. 722. December 2, 2021. (iv) Section 42.01(a)(7) or (8) (disorderly conduct involving firearm). 1, eff. 595, Sec. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT. Added by Acts 2005, 79th Leg., Ch. }{\plain \fs24 \*\cs1 [PHONE]\par 828, Sec. 769 (H.B. (a) As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to: (1) the appropriate attorney representing the state; and. 1658), Sec. (b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. 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. 6), Sec. 1146 (H.B. 3, eff. }\pard \fs24\fi-4320\li4320\tx5040\tx5760\tx6480\tx7200\tx7920\tqr\tx9603 766), Sec. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040 June 17, 2011. RULES APPLICABLE TO ALL CASES OF BAIL. Conditions of release to follow and rules for getting out of jail and staying out of trouble. (3) the modification will not in any way endanger a person protected under the order. (b) A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. 1412, Sec. RULES FOR SETTING AMOUNT OF BAIL. 1, eff. 17.24. XT!A+P|1fx^Vv9ZhpJ@&}{/ ;v=}2&a"LGlhdW:@ September 1, 2019. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. Added by Acts 2001, 77th Leg., ch. 194), Sec. }\page 324 (S.B. 11 (S.B. (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. 769 (H.B. {\plain \fs24 \*\cs1\b II. Amended by Acts 1999, 76th Leg., ch. (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. (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. (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. (d) 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. (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. Art. 351), Sec. 11, eff. January 1, 2017. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab ATTORNEY FOR PROBATIONER\par Sec. September 1, 2005. December 2, 2021. Page 1 / 2. 1, eff. Art. 1068), Sec. 942, Sec. 17.33. 1506), Sec. 1, eff. (4) any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid. Art. September 1, 2005. 737), Sec. {\plain \fs24 \*\cs1 \par (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. 2182), Sec. 1047, Sec. 3, eff. 6), Sec. 1, eff. 4, eff. '@o`2!Y uh2dh2V ] 20, eff. 3, eff. Added by Acts 2009, 81st Leg., R.S., Ch. June 14, 1995. (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. (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. Art. September 1, 2005. 298, Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. June 17, 2011. subjected to a revocation of probation at a later date, which would not have been possible without \softline Aug. 28, 1967. 4 0 obj Art. REQUISITES OF A BAIL BOND. January 1, 2022. art. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. 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. 1276, Sec. March 19, 1993. 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. 4, eff. Currently, Texas law requires an IID be ordered as a condition of bond for all second and subsequent (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. }{\plain \fs24 \*\cs1\b\ul CONDITIONS OF PROBATION}{\plain \fs24 \*\cs1 \par (2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear. DISQUALIFIED SURETIES. Most states provide specific forms to complete. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Phone \par 1005), Sec. Call Us Today! 221 (H.B. (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. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab _________________________________\par __________________\par (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. 618, Sec. (f) In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial. Sept. 1, 1989. {\*\pnseclvl9\pnlcrm\pnstart1} 11 (S.B. Acts 2015, 84th Leg., R.S., Ch. (2) has been issued a certificate under Subsection (d) with respect to that county. (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). NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. . Watch the live stream. Acts 2007, 80th Leg., R.S., Ch. January 1, 2020. }{\plain \fs24 \*\cs1 \tab The Court further finds that agreement has been reached between the parties whereupon the \softline September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. PROCEDURES AND FORMS RELATED TO MONETARY BOND. 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. Acts 2015, 84th Leg., R.S., Ch. 243 (S.B. 1326), Sec. 375), Sec. (d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 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. Sec. 6. }{\plain \fs24 \*\cs1 \par ACCUSED LIBERATED. 6), Sec. 17.28. Acts 2015, 84th Leg., R.S., Ch. (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. }\pard \fs24 fees.\par 17.15. In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. 17.43. (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. 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. ]*z P T>3wc{-)G .*CqW. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. 5(a), eff. 1127 (S.B. Acts 2013, 83rd Leg., R.S., Ch. (6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code. 3, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par
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