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Texas statute

Tex. Code Crim. Proc. art. 17.153 — Denial of bail for violation of condition of bond where child alleged victim

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 17: BAIL, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 17.153

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 17.153Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) 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: (1) Chapter 21 (Sexual Offenses); (2) Section 25.02 (Prohibited Sexual Conduct); (3) Section 43.25 (Sexual Performance by a Child); (4) Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have: (A) trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25 , Penal Code; or (B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25 , Penal Code; or (5) Section 43.05 (a)(2) (Compelling Prostitution). (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 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.

Official sources

This reference is informational and is not legal advice.