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Special Orders Form. This is a Texas form and can be use in Criminal Statewide.
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Tags: Special Orders, Texas Statewide, Criminal
Felony Judgment Forms
Special Orders
INSTRUCTIONS: Certain offenses require the court to make specific findings and
include special orders in a judgment. Below are the special orders and their
statutory references. Cut and paste the text of the appropriate special orders into
the judgment form. Complete the fields (gray areas) that apply to the judgment.
Age-Based Sex Offense.
Continuous Sexual Abuse of Young Child or Children. TEX. PENAL CODE § 21.02
Indecency with a Child. TEX. PENAL CODE § 21.11
Sexual Assault. TEX. PENAL CODE § 22.011
Aggravated Sexual Assault. TEX. PENAL CODE § 22.021
Sexual Performance by a Child. TEX. PENAL CODE § 43.25.
The Court FINDS that at the time of the offense, Defendant was younger than nineteen (19)
years of age and the victim was at least thirteen (13) years of age. The Court FURTHER FINDS that the
conviction is based solely on the ages of Defendant and the victim or intended victim at the time of
the offense. TEX. CODE CRIM. PROC., art. 42.017.
Age-Based Unlawful Restraint/Kidnapping. TEX. PENAL CODE §§ 20.02; 20.03, or 20.04.
The Court FINDS that at the time of the offense, or at the time of the attempt or solicitation
to commit the offense, the victim or intended victim was younger than 17 years of age. TEX. CODE
CRIM. PROC. art. 42.015.
Bias or Prejudice.
The Court FINDS Defendant intentionally
selected the victim of the offense
damaged or affected the property as charged in the offense
primarily because of Defendant's bias or prejudice against a group, namely,
. TEX.
CODE CRIM. PROC. art. 42.014.
(option) Furthermore, the Court ORDERS the Defendant to participate in an educational
program to further tolerance and acceptance of others.
Controlled Substance Used to Commit Offense.
The Court FINDS Defendant administered or provided a controlled substance to the victim of
the offense, which was prosecuted under Chapter 29, 31, or Title 5, Penal Code, with the intent of
facilitating the commission of the offense. TEX. CODE CRIM. PROC. art. 42.012.
Cumulation Order (see end of list)
Deadly Weapon.
The Court FINDS Defendant used or exhibited a deadly weapon, namely,
, during the
commission of a felony offense or during immediate flight therefrom or was a party to the offense and
knew that a deadly weapon would be used or exhibited. TEX. CODE CRIM. PROC. art. 42.12 §3g.
The Court finds that the deadly weapon was a firearm
DWI Ignition Motor Interlock.
The defendant shall install, on each motor vehicle owned or operated by defendant, a device
that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor
vehicle if ethyl alcohol is detected in the breath of the operator. This order shall be in effect from the
date of this judgment until the date of the first anniversary after the ending of the period of drivers
license suspension imposed under Section 521.344, Transportation Code. Defendant shall obtain the
device(s) at the defendant’s own cost on or before that ending date. Defendant shall provide evidence
to the Court on or before that ending date that the device has been installed on each appropriate
vehicle, and the devices shall remain on each appropriate vehicle until the first anniversary after the
ending of the period of such driver’s license suspension. Defendant shall not operate any motor
vehicle that is not equipped with that device.
Family Violence:
The Court FINDS that Defendant was prosecuted for an offense under Title 5 of the Penal
Code that involved family violence. TEX. CODE CRIM. PROC. art. 42.013.
Motor Fuel Theft:
The Court FINDS that, in committing the offense of theft, Defendant dispensed motor fuel into
the fuel tank of a motor vehicle on the premises of an establishment at which the motor fuel is
offered for retail sale. The Court further FINDS that after dispensing the motor fuel, Defendant left the
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premises of the establishment without paying the establishment for the motor fuel. If the Defendant
has previously been convicted of an offense containing such a finding, the description of that
judgment follows:
. The Court ORDERS the clerk of the Court to send a copy of this judgment to
the DEPARTMENT OF PUBLIC SAFETY. TEX. CODE CRIM. PROC. art. 42.019.
Repayment of Reward Ordered.
The Court ORDERS Defendant to repay a reward or part of a reward under Article 37.073 of
the Code of Criminal Procedure in the amount of $
.00. TEX. CODE CRIM. PROC. art. 42.152.
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Special Drivers License for Sex Offender:
The Court ORDERS Defendant to apply for an original or renewed Texas Driver's License or
personal identification certificate not later than 30 days after release from confinement or upon
receipt of written notice from the Texas Department of Public Safety (DPS). The Court further
ORDERS Defendant to annually renew the license or certificate. The DPS shall place an indication on
the Defendant's driver's license or personal identification certificate that the Defendant is subject to
the sex offender registration requirements. The Court ORDERS the clerk of the Court to send a copy of
this order to the DPS and to Defendant. TEX. CODE CRIM. PROC. art. 42.016.
State Boot Camp:
The Court RECOMMENDS that Defendant be placed in a State Boot Camp for not less than 75
or more than 180 days, as authorized under article 42.12, section 8, Code of Criminal Procedure, and
section 499.052, Government Code.
Unadjudicated Offenses:
The Court FINDS that, with the consent of the State's attorney, Defendant admitted guilt as to
the following unadjudicated offense(s), and the Court agreed to take the unadjudicated offense(s) into
account in determining the sentence for the offense of which Defendant was adjudged guilty.
Accordingly, the Court FINDS prosecution is barred for the following unadjudicated offense(s):
.
TEX. PENAL CODE §12.45.
Weapon Forfeiture
The Court FINDS that a law enforcement agency, namely,
, seized a weapon, namely,
, in connection with an offense involving the use of a weapon or an offense under Chapter 46 of
the Penal Code. The Court FINDS that 1) Defendant has been previously convicted under Chapter 46
of the Penal Code; 2) the weapon is a prohibited weapon under Chapter 46 of the Penal Code; 3) the
offense of conviction or deferred adjudication was committed in a gun-free zone; 4) Defendant’s
possession of the seized weapon would pose a threat to the community or one or more individuals, or
5) Defendant has agreed to forfeiture of the weapon. Accordingly, the Court ORDERS the weapon is
forfeited to the State of Texas to be destroyed or used by the law enforcement agency. The Court
Orders the clerk of the Court to send a copy of this order to the law enforcement agency. TEX. CODE
CRIM. PROC. arts. 18.18 or 18.19.
Cumulation Order .
The Court ORDERS that the sentence in this conviction shall run consecutively and shall
begin only when the judgment and sentence in the following case has ceased to operate:
. TEX.
CODE CRIM. PROC. art. 42.01 § 1(19).
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