Tex.
Code of Crim. Proc. Article 17.465
Conditions for Defendant Charged with Certain Trafficking or Prostitution Related Offenses Involving Adult Victims
(a)
This article does not apply with respect to a defendant to whom Article 17.41 applies.(b)
A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 43.03 (Promotion of Prostitution), 43.031 (Online Promotion of Prostitution), 43.04 (Aggravated Promotion of Prostitution), 43.041 (Aggravated Online Promotion of Prostitution), or 43.05 (Compelling Prostitution), Penal Code, committed against a person 18 years of age or older may not:(1)
communicate directly or indirectly with the victim; or(2)
go to or near:(A)
the residence, place of employment, or business of the victim; or(B)
if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.(c)
The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations.(d)
At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), 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.(b)
A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 43.03 (Promotion of Prostitution), 43.031 (Online Promotion of Prostitution), 43.04 (Aggravated Promotion of Prostitution), 43.041 (Aggravated Online Promotion of Prostitution), or 43.05 (Compelling Prostitution), Penal Code, committed against a person 18 years of age or older may not:(1)
communicate directly or indirectly with the victim; or(2)
go to or near:(A)
the residence, place of employment, or business of the victim; or(B)
if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.(c)
The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations.(d)
At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), 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.
Source:
Article 17.465 — Conditions for Defendant Charged with Certain Trafficking or Prostitution Related Offenses Involving Adult Victims, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.465 (accessed Jun. 5, 2024).
