Tex. Code Crim. Proc. art. 17.41 · Chapter 17. BAIL
CONDITION WHERE CHILD ALLEGED VICTIM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 (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.
Notes and commentary — not statutory text
History
Added by Acts 1985, 69th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1985. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.21, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 982 (H.B. 3751), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 2, eff. September 1, 2021.
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 073617fd6bbc29f585560aef4ea8c196405a5bd5f8224db4e6527cf945c2aa95
- 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.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 17.41. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.153DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM.Printed as Article 17.41
- Tex. Code Crim. Proc. art. 17.465CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS.Printed as Article 17.41
- Tex. Code Crim. Proc. art. 42A.503COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE OFFENSES; PROHIBITED CONTACT WITH VICTIM.Printed as Article 17.41(a)
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.