255 (H.B. 2, eff. If the defendant is not offered a chance to pay a scheduled bail payment (or chooses not to pay), the defendant . BAIL IN FELONY. (2) the public safety report prepared under Subdivision (1) be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest. (g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. All general rules in the Chapter are applicable to bail defendant before an examining court. It wont be an additional charge that you need to pay an additional bail bond amount, but it will make your bail bond amount for the drug charge higher than a non-drug-free zone. Acts 2021, 87th Leg., R.S., Ch. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. (b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice. 697, Sec. 1, eff. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. The bail bond amount can range from $1,000-$3,000. Along with bail issues, the attorney can advise you on what to do, what not to do, and what not to say. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Acts 2021, 87th Leg., 2nd C.S., Ch. Let's review some of the basics. 3000), Sec. 1113 (H.B. Bail bonds are the most common way to post bail, especially for severe charges. The process takes 48 hours. September 1, 2021. (d) A capias for the arrest of the accused is not required if: (1) a warrant has been issued for the accused's arrest and remains outstanding; or. Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1, eff. 17.41. Abbott blocks release of some inmates who cant pay bail. Class A misdemeanor bail bond amounts can range from $3,000-$15K depending on the offense. 17.028. (d) A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is: (1) a nonprofit organization described by Subsection (c)(1); and. (b) Reimbursement fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. 17.465. Bail bond amounts for this Class A misdemeanor will be higher, closer to $7,000. Acts 2019, 86th Leg., R.S., Ch. It will be enhanced to a 2nd or 1st-degree felony if the escape resulted in injury or a deadly weapon was used, with a bail bond amount upwards of $30K. 351), Sec. Art. A state jail felony burglary bail bond can be as high as $10k. I am without means to pay ______ and I hereby request that an appropriate bail be set. The offense is enhanced to a 3rd-degree felony when it is committed against an elderly person, along with a bail bond amount up to $20K. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. 1113 (H.B. If a victim suffers bodily injury, the penalty increases to a class A misdemeanor. In exchange for posting bail, the defendant pays the company a bail premium. 5, eff. The bail bond amount can range from $100-$500. Severe bodily injury that might last for a long time for example, a fracture, causing permanent disability or disfigurement. Art. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. Class A misdemeanors carry penalties of up to one year in jail and a $4,000 fine. Acts 2017, 85th Leg., R.S., Ch. Depending on the value of the property or the amount of credit, this offense can be enhanced all the way up to a 1st-degree felony (with every other charge in between). Under no circumstances will you get the premium back. Acts 2007, 80th Leg., R.S., Ch. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. Second-degree felony charge result in a maximum of 20 years in prison. 361 (S.B. This includes: If the defendant misses a required court appearance, it can forfeit the bond. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. January 1, 2016. (1) consider the public safety report before setting bail; and. June 17, 2011. WHEN SURRENDER IS MADE DURING TERM. Amended by Acts 1971, 62nd Leg., p. 3045, ch. 110 (S.B. (ii) punishable as a felony and involved family violence as defined by Section 71.004, Family Code; (L) Section 22.021 (aggravated sexual assault); (M) Section 22.04 (injury to a child, elderly individual, or disabled individual); (N) Section 25.072 (repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case); (O) Section 25.11 (continuous violence against the family); (Q) Section 38.14 (taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer); (R) Section 43.04 (aggravated promotion of prostitution), if the defendant is not alleged to have engaged in conduct constituting an offense under Section 43.02(a); (S) Section 43.05 (compelling prostitution); or. At that time, the magistrate shall conduct the hearing and make the determination required by this article. For example, if your bail is set to $10,000, you might be able to pay a bail bondsman $1,000 for them to post bail on your behalf. SURETIES SEVERALLY BOUND. Art. 610, Sec. June 17, 2011. Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured. Art. (k) This article may not be construed to require the filing of an affidavit before a magistrate considers the defendant's ability to make bail under Article 17.15. 2 amended by Acts 1999, 76th Leg., ch. Sec. Art. (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. 552, Sec. Art. (5) Section 43.05(a)(2) (Compelling Prostitution). 4, eff. Art. 278 (H.B. Depending on the level of the misdemeanor or felony determines the potential punishment, and it all plays into that initial bail bond amount. Acts 2017, 85th Leg., R.S., Ch. 4.03, eff. If you are charged with a Class B or Class A misdemeanor, and you do not show up for one of those court dates, the Bail Jumping and Failure to Appear Charge will be enhanced to Class A misdemeanor charge. Acts 2011, 82nd Leg., R.S., Ch. (B) an act in furtherance of an offense under Section 20A.02 or 42.072, Penal Code; (A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner; (B) a threat through any person to a member of the family or household or to the person protected under the order; or. Then the bail bond amount can range from $10K-$20K. (g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. It can be enhanced to a state jail felony if there was an intention to harm someone else. (d) A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit: (2) an act in furtherance of an offense under Section 42.072, Penal Code. As local officials shrink jail populations due to coronavirus, Texas Gov. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. Acts 2021, 87th Leg., R.S., Ch. Because a victim is involved, and this is considered to be a morally wrong offense, the bail bond amount will be closer to $20K. 1352 (S.B. Art. Potential bail bond amounts for 3rd-degree felonies range from $10K-$20K. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. (j) A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article. Defendants who post bond have to abide by the conditions of their release. 1, eff. 1275, Sec. 1341, Sec. The bail bond amount can range from $1,000-$5,000. This morally wrong offense with a victim will have a bail bond amount on the higher side, closer to $7,000. Because this offense is more serious being that it is morally bad to coerce someone, the bail bond amount is going to be closer to $7,000. SECURITY OF WITNESS. 34, eff. (13) Section 20A.03 (continuous trafficking of persons). December 2, 2021. 1, eff. 10, Sec. It will not be returned when the case ends. BAIL BOND CERTIFICATES. 2.05, eff. 112), Sec. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. (b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district. The key to getting someone out of jail usually involves paying bail. Theft of service is when someone doesnt pay for a service that they know is provided only for compensation. 11 (S.B. Necking in your car could be considered indecent exposure, which has no victim and isnt considered to be morally wrong. art. 1, eff. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. 17.293. June 18, 2003. EXEMPT PROPERTY. (2) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL. The bail bond amount can range from $3,000-$7,000. 743 (H.B. Web the bail was granted on furnishing a bond of rs 15,000. A bail bond amount for this offense can be closer to $15K. 4. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. The bail bond amount can range from $3,000-$7,000. This charge is enhanced to a 3rd-degree felony when it is repeated, along with a bail bond amount that can range from $10K-$20K. 2, eff. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. 3. 1st-degree felonies have bail bond amounts that range from $30K$500K. 1, eff. This depends on whether it was committed negligently, recklessly, intentionally, or knowingly. Art. If the defendant doesn't show up as planned, the money or property (yours or the defendant's) can be forfeited and the defendant is subject to arrest, again. Bail can also be reduced if the defendant has already spent enough time in jail awaiting trial.2. A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus. This is an egregious offense with a victim involved. If you are charged with engaging in organized criminal activity, this is an additional charge to the original offense for which you are being arrested. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. Criminal homicide can include the following charges: Murder, Capital Murder, Manslaughter, or Criminally Negligent Homicide, These are the worst offenses that someone can commit. Art. A bail bond amount could be up to $5K. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article. The punishment according to Sec.12.21 of the Texas Criminal Penal Code states, An individual convicted of a Class A misdemeanor shall be punished by:(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. September 1, 2019. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. Depending on the amount of marijuana, this charge could also go up to a 2nd-degree felony (or a charge in between). The spread of COVID-19, or the coronavirus, has impacted bail. (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. May 23, 2015. Booking involves recording the suspect's information, fingerprinting, taking mug shots, and checking for, After booking, the defendant may be offered to option to pay bail based on a schedule of common crimesfor example, $500 for a nonviolent, If the defendant is not offered a chance to pay a scheduled bail payment (or chooses not to pay), the defendant must wait in jail (or a holding cell at the police station) until a court hearing is held. Added by Acts 1989, 71st Leg., ch. (a) Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year. 232 (H.B. Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court. For assault with a deadly weapon, the bail is often around $25,000. Art. 17.14. A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus; or it is taken from the defendant by a peace officer or jailer if authorized by Article 17.20, 17.21, or 17.22. Before posting bail and being released, a defendant must complete the booking processa bureaucratic and, often, humiliating procedure. Can You Get a Bail Bond for a Felony Charge in Texas? the defendant's ties to the community (family, friends, job). September 1, 2021. The punishment according to Sec. . (g) A defendant filing an affidavit under Subsection (f) shall complete a form to allow a magistrate to assess information relevant to the defendant's financial situation. Sept. 1, 1994. For example, battery in Texas is subject to the following sentencing schedule: Class C misdemeanor: Fine of up to $500. The highest level Misdemeanor that someone can be charged with is a Class A. Jan. 28, 1997. 23, Sec. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. 1064 (H.B. 1, eff. 1, eff. (c) The magistrate may revoke the bond and order the defendant arrested if the defendant: (1) violates a condition of home confinement and electronic monitoring; (2) refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or. (b) A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not: (1) communicate directly or indirectly with the victim; or, (A) the residence, place of employment, or business of the victim; or. 17.026. Art. It is enhanced to a 1st degree if engaged with a person under 18, with a bail bond amount closer to $100K. If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation. Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses. March 19, 1993. Not every single offense that is considered a crime in Texas is included in the following lists. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. 1, eff. 243 (S.B. (b) As soon as practicable but not later than the next day after the date a magistrate issues an order imposing a condition of bond on a defendant under this chapter for a violent offense, the magistrate shall notify the sheriff of the condition and provide to the sheriff the following information: (1) the information listed in Section 411.042(b)(6), Government Code, as that information relates to an order described by this subsection; (2) the name and address of any named person the condition of bond is intended to protect, and if different and applicable, the name and address of the victim of the alleged offense; (3) the date the order releasing the defendant on bond was issued; and. 1, eff. If someone is charged with graffiti to a school, university, church, community center, or public monument, the offense is a State Jail Felony. 6), Sec. If someone has been convicted of this offense as a state jail felony, or someone is injured while evading, it is enhanced to a 3rd-degree felony with a $10K bond. So if the original charge is a 2nd-degree robbery, the engaging in organized criminal activity will be a 1st-degree felony charge, with its own bail bond amount on top of the robbery bail bond. A bail bond for a 1st-degree possession charge will likely be on the lower end of that range. It includes Class C misdemeanors committed with deadly weapons. The ability to make bail shall be considered, and proof may be taken on this point. (c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. Art. 5, eff. 17.01 of the Texas Code of Criminal Procedure, bail "is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond." Bail bonds hold defendants accountable for making their court appearances. 3, eff. (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense. 1070), Sec. (d) Any course developed or approved by the office under this article may be administered by the Texas Justice Court Training Center, the Texas Municipal Courts Education Center, the Texas Association of Counties, the Texas Center for the Judiciary, or a similar entity. After the hearing in-front of the judge the cost of the bail will be determined. General battery ( not causing great bodily harm) against an officer is charged as a third . Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. (a) Notwithstanding any other law: (1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or, (B) another court designated in writing by the court described by Paragraph (A); and. 5, 6 added by Acts 1995, 74th Leg., ch. 17.24. (f) A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. (b) Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to: (1) the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or. Art. The bond company will have to pay the court if the defendant no shows, and the company will come after you and your collateral for reimbursement. This bail bond amount can be upwards of $500K. 2, eff. This can become enhanced depending on the value of the service stolen, going all the way up to 1st-degree felony (with every charge in between). 11 (S.B. 2.09, eff. 736 (H.B. 2017-2023 The Law Office of Tony Sun, Class C Misdemeanors, Enhancements, and Bail Bond Amounts, Possession of Alcoholic Beverage in a Motor Vehicle, Class B Misdemeanors, Enhancements, and Bail Bond Amounts, False Report To Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or jailer, Class A Misdemeanors, Enhancements, and Bail Bond Amounts, Interference With Emergency Request For Assistance, Cruelty To Livestock Animals/Non-Livestock Animals, Resisting Arrest, Search, Or Transportation, State Jail Felonies, Enhancements, and Bail Bond Amounts, Unauthorized Use Of A Motor Vehicle (UUMV), Injury To A Child, Elderly Individual, Or Disabled Individual, Manufacture Or Delivery Of Controlled Substance, 3rd Degree Felonies, Enhancements, and Bail Bond Amounts, Driving While Intoxicated With Child Passenger, Tampering With Or Fabricating Physical Evidence, 2nd Degree Felonies, Enhancements, and Bail Bond Amounts, 1st Degree Felonies, Enhancements, and Bail Bond Amounts, False Statement To Obtain Property Or Credit Or In The Provision Of Certain Services, Unlawful Electronic Transmission Of Sexually Explicit Visual Material, Deceptive Preparation And Marketing Of Academic Product, False Identification As Peace Officer; Misrepresentation Of Property, Unauthorized Acquisition Or Transfer Of Certain Financial Information, Fraudulent, Substandard, Or Fictitious Degree, Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence, Child Abuse Or Neglect, Sexual Assault Or Abuse, Indecent Assault, Stalking, Or Trafficking Case, Discharge Of Firearm In Certain Municipalities, Burglary Of Coin-operated Or Coin Collection Machines, Hindering Proceedings By Disorderly Conduct, Possession, Manufacture, Or Distribution Of Certain Instruments Used To Commit Retail Theft, Gambling Promotion/ Keeping A Gambling Place, Fraudulent Use Or Possession Of Credit Card Or Debit Card Information, Fraudulent Use Or Possession Of Identifying Information, Delivery Or Offer Of Delivery Of Dangerous Drug, Unlawful Disclosure Or Promotion Of Intimate Visual Material, Indecency With A Child either defendant or child is exposed, Prohibited Substances And Items In Correctional Or Civil Commitment Facility, Exploitation Of Child, Elderly Individual, Or Disabled Individual, Improper Relationship Between Educator And Student, Continuous Sexual Abuse Of Young Child Or Children, Aggravated Promotion Of Prostitution / Compelling Prostitution, Tampering With Direct Recording Electronic Voting Machine. It's also important to consider that, regardless of the outcome, your money or collateral could be tied up for weeks, months, or even years while the case moves through court. (d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. (b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. (5) the presiding judge or magistrate who authorized the personal bond. Art. 3. (a) amended by Acts 2003, 78th Leg., ch. 6), Sec. (3) denied bail in accordance with the Texas Constitution and other law. 17.07. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT VICTIMS. 6), Sec. After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court. Exchange for posting bail, the defendant misses a required court appearance, which has no victim isnt! Side, closer to $ 100K 1971, 62nd Leg., p. 3045, Ch 50,000 bail bond could! 4,000 fine a 1st-degree possession charge will likely be on the higher side, closer to $ 2,000 from... Personal bond may post a $ 4,000 fine, 62nd Leg., p. 3045, Ch pay a... Charge will likely be on the amount of marijuana, this charge could also up! 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