Tex.
Code of Crim. Proc. Article 17.40
Conditions Related to Victim or Community Safety
(a)
To secure a defendant’s attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community.(b)
At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant’s bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 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. 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.(a)
This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age:(1)
Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or(2)
Section 25.02 (Service and Return) (Prohibited Sexual Conduct).(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(2)
go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.(c)
A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.(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.(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.(a)
Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. The court may waive the fee or assess a lesser fee if good cause is shown. A court that requires a defendant to give a personal bond under Article 45.016 (Personal Bond; Bail Bond) may not assess a personal bond fee under this subsection.(a)
Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. The court may waive the fee or assess a lesser fee if good cause is shown. A court that requires a defendant to give a personal bond under Article 45A.107 (Bail) may not assess a personal bond fee under this subsection.(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.(c)
Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county’s pro rata share of the costs of the office.(1)
prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case;(2)
update the record on a monthly basis; and(3)
file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office.(b)
In preparing a record under Subsection (a), the office shall include in the record a statement of:(1)
the offense with which the person is charged;(2)
the dates of any court appearances scheduled in the matter that were previously unattended by the person;(3)
whether a warrant has been issued for the person’s arrest for failure to appear in accordance with the terms of the person’s release;(4)
whether the person has failed to comply with conditions of release on personal bond; and(5)
the presiding judge or magistrate who authorized the personal bond.(c)
This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.(b)
In preparing an annual report under Subsection (a), the office shall include in the report a statement of:(1)
the office’s operating budget;(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(4)
the number of persons described by Subdivision (3):(A)
who failed to attend a scheduled court appearance;(B)
for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or(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.(c)
This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.(b)
At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant’s bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. 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. 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.(a)
This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age:(1)
Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or(2)
Section 25.02 (Service and Return) (Prohibited Sexual Conduct).(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(2)
go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.(c)
A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.(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.(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.(a)
Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. The court may waive the fee or assess a lesser fee if good cause is shown. A court that requires a defendant to give a personal bond under Article 45.016 (Personal Bond; Bail Bond) may not assess a personal bond fee under this subsection.(a)
Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. The court may waive the fee or assess a lesser fee if good cause is shown. A court that requires a defendant to give a personal bond under Article 45A.107 (Bail) may not assess a personal bond fee under this subsection.(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.(c)
Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county’s pro rata share of the costs of the office.(1)
prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case;(2)
update the record on a monthly basis; and(3)
file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office.(b)
In preparing a record under Subsection (a), the office shall include in the record a statement of:(1)
the offense with which the person is charged;(2)
the dates of any court appearances scheduled in the matter that were previously unattended by the person;(3)
whether a warrant has been issued for the person’s arrest for failure to appear in accordance with the terms of the person’s release;(4)
whether the person has failed to comply with conditions of release on personal bond; and(5)
the presiding judge or magistrate who authorized the personal bond.(c)
This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.(b)
In preparing an annual report under Subsection (a), the office shall include in the report a statement of:(1)
the office’s operating budget;(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(4)
the number of persons described by Subdivision (3):(A)
who failed to attend a scheduled court appearance;(B)
for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or(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.(c)
This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.
Source:
Article 17.40 — Conditions Related to Victim or Community Safety, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.40 (accessed Apr. 20, 2024).
