(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) § 25.02 (Prohibited Sexual Conduct);
(3) § 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 § 43.25, Penal Code; or
(B) benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by § 43.25, Penal Code; or
(5) § 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.

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Terms Used In Texas Code of Criminal Procedure 17.153

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.