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Texas Code of Criminal Procedure - Article 17.41. Condition Where Child Alleged Victim

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.41. Condition Where Child Alleged Victim

Art. 17.41. CONDITION WHERE CHILD ALLEGED VICTIM.  (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 12 years of age or younger:
	(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive 
Offenses);               
	(2)  Section 25.02 (Prohibited Sexual Conduct);  or                            
	(3)  Section 43.25 (Sexual Performance by a Child).                            
	(b)  A magistrate may require as a condition of bond for a 
defendant charged with an offense described by Subsection (a) of 
this article that the defendant not directly communicate with the 
alleged victim of the offense or 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.

Added by Acts 1985, 69th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.21, eff. Sept. 1, 
1995.

Last modified: August 10, 2007