Tex.
Code of Crim. Proc. Article 17.152
Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case
(a)
In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(b)
Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, or the family violence case, as applicable; or(2)
the safety of the community.(c)
Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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.(d)
A person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case)(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:(1)
family violence; or(2)
an act in furtherance of an offense under Section 42.072 (Stalking), Penal Code.(e)
In determining whether to deny release on bail under this article, the judge or magistrate may consider:(1)
the order or condition of bond;(2)
the nature and circumstances of the alleged offense;(3)
the relationship between the accused and the victim, including the history of that relationship;(4)
any criminal history of the accused; and(5)
any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.(f)
A person arrested for committing an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17 (Duties of Arresting Officer and Magistrate). At that time, the magistrate shall conduct the hearing and make the determination required by this article.(b)
Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, or the family violence case, as applicable; or(2)
the safety of the community.(c)
Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), 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.(d)
A person who commits an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case)(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:(1)
family violence; or(2)
an act in furtherance of an offense under Section 42.072 (Stalking), Penal Code.(e)
In determining whether to deny release on bail under this article, the judge or magistrate may consider:(1)
the order or condition of bond;(2)
the nature and circumstances of the alleged offense;(3)
the relationship between the accused and the victim, including the history of that relationship;(4)
any criminal history of the accused; and(5)
any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.(f)
A person arrested for committing an offense under Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17 (Duties of Arresting Officer and Magistrate). At that time, the magistrate shall conduct the hearing and make the determination required by this article.
Source:
Article 17.152 — Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.152 (accessed Jun. 5, 2024).
