Texas Code of Criminal Procedure

Art. Art. 17.153
Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim


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:


Chapter 21 (Sexual Offenses);


Section 25.02 (Service and Return) (Prohibited Sexual Conduct);


Section 43.25 (Body of Convict) (Sexual Performance by a Child);


Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have:


trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25 (Sexual Performance by a Child), Penal Code; or


benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25 (Sexual Performance by a Child), Penal Code; or


Section 43.05 (Issuance and Recall of Capias Pro Fine)(a)(2) (Compelling Prostitution).


A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 (Condition Where Child Alleged Victim) and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. If the magistrate finds that the violation occurred, the magistrate may revoke the defendant’s bond and order that the defendant be immediately returned to custody. 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. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 982 (H.B. 3751), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 2.01, eff. September 1, 2011.

Last accessed
Jun. 7, 2021