Tex. Code Crim. Proc. art. 17.153 · Chapter 17. BAIL
DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM.
Text — Current through the 89th 2nd Called Legislative 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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm
- Text hash
- sha256 76eb59abdf1b1372695b149ffb02efc8e83b8e061e3e8ade00c5b840057e475b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.41CONDITION WHERE CHILD ALLEGED VICTIM.Printed as Article 17.41
- Tex. Code Crim. Proc. ch. 21INDICTMENT AND INFORMATIONPrinted as Chapter 21
- Tex. Code Crim. Proc. art. 25.02SERVICE AND RETURN.Printed as Section 25.02
- Tex. Code Crim. Proc. art. 43.05ISSUANCE AND RECALL OF CAPIAS PRO FINE.Printed as Section 43.05(a)(2)
- Tex. Code Crim. Proc. art. 43.25BODY OF CONVICT.Printed as Section 43.25
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.