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how much is bail for assault in texas

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26 Mar

how much is bail for assault in texas

This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. Art. A burglary charge will be enhanced to a 3rd-degree felony if the burglary takes place in a building where a controlled substance is generally stored. (a) In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, who has the defendant in custody may take the defendant's bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15. This charge can be enhanced to a 2nd-degree felony if a child is abandoned under circumstances that place the child in imminent danger of death, bodily injury, or physical or mental impairment. 232 (H.B. (2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action. 1, eff. A bail bond amount could be up to $5K. Acts 2015, 84th Leg., R.S., Ch. Like a loan company, the bail bond service company requires that you secure the arrangement with some collateral, such as a car, house, or other property. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. (3) the defendant is found incompetent to stand trial in accordance with Chapter 46B. Along with bail issues, the attorney can advise you on what to do, what not to do, and what not to say. 17.09. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 599), Sec. 3.09, eff. The bail bond amount in this case will range from $10K-$20K. 11 (S.B. A DWI is enhanced to a Class A misdemeanor when someones alcohol concentration level is 0.15 or higher. September 1, 2015. The bail bond amount could be as high as $5,000. It's the middle of the night and you get a call from a friend or loved one who has been arrested. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. 2, eff. (h) As soon as possible but not later than the next business day after the date the magistrate issues an order for emergency protection under this article, the magistrate shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality. September 1, 2017. Lic.# 0022. The amount of bail for assault may be as little as $2,500 and as high as $1,000,000 if the assault was committed with the intent of a much more serious violent crime such as first-degree murder. 1224 (H.B. is facing charges for murder, assault on a child, and torture in the death of . (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. (k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, not later than the third business day after the date of receipt of the copy of the order by the applicable law enforcement agency with jurisdiction over the municipality or county in which the victim resides, the law enforcement agency shall enter the information required under Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. (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. 2, eff. Amended by Acts 1987, 70th Leg., ch. 1, eff. 45, eff. 17.21. 736 (H.B. Manufacturing charges are much more serious than possession charges, making the bail bond amounts much higher. 6), Sec. 17.51. The bail bond amount range for a 3rd-degree felony is $10K-$20K. NOTICE OF APPEARANCE DATE. 3582), Sec. September 1, 2019. Added by Acts 1969, 61st Leg., p. 2033, ch. Acts 2011, 82nd Leg., R.S., Ch. 224 (H.B. 2730), Sec. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. SURETIES SEVERALLY BOUND. Sept. 1, 1991. 76, Sec. 2, Sec. 3.08, eff. Abbott blocks release of some inmates who cant pay bail. 221 (H.B. (c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department. 1276 (H.B. This state jail felony bail bond amount could be even higher. This bill, called the Damon Allen Act - named after a Texas State Trooper killed during a traffic stop by someone who was out on . 1352 (S.B. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety. (e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. All general rules in the Chapter are applicable to bail defendant before an examining court. 17.47 by Acts 2003, 78th Leg., ch. It is a breakdown of the most common ones, along with some other ones that are worth knowing about. Sept. 1, 2001; Subsecs. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending. they have to pay a bail bond to get released. 1113 (H.B. 375), Sec. Aug. 29, 1977. 17.12. Art. 17.30. Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault, and other sex crimes. 2, eff. 4.01, eff. An aggravated assault with a deadly weapon is a second degree felony, which is 2-20 years of potential jail time with a maximum of $10,000. 17.10. 936 (S.B. This is an egregious offense with a victim involved. 769 (H.B. Art. The benefit of waiting is that the judge might reduce or waive the bail amount. Depending on the value of the claim, this charge can go all the way up to a 1st Degree Felony (with every other charge in between). It can be classified as simple and aggravated assault. Amended by Acts 1997, 75th Leg., ch. 11 (S.B. Aggravated assault involves: Aggravated assault is considered a 2nd-degree felony, however, if it involves domestic violence that ends with serious harm, its considered a 1st-degree felony. 4, eff. Subsec. Aug. 28, 1995; Subsec. (B) involves violence directed against a peace officer. (a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides. 2. This is a morally wrong offense committed against another person. Family members later helped identify Choi at mortuary. It could be charged as a state jail felony, with a bail bond amount of around $8,000; or it could be charged as a 3rd-degree felony with a bail bond amount of $10K. 17.01. This charge can be enhanced to a Class A misdemeanor depending on whether it is committed in a home or shelter center, or if the person carried a deadly weapon during the offense. A bail bond is the money required by a court for a criminal defendant to be released after an arrest. September 1, 2007. Those motions outline why bail should be lowered. 346), Sec. The bail bond amount can range from $1,000-$3,000. Acts 2011, 82nd Leg., R.S., Ch. police officer) is typically around $2,500 although it can be as low as $500 in lower-income states like Oklahoma and New Mexico. 14, Sec. (a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. 5(a), eff. 1275), Sec. 11 (S.B. September 1, 2005. (b) In addition to confinement, an individual convicted of a state jail felony may be punished by a fine not to exceed $10,000. The bail bond amounts for a state jail felony range from $3,000-$10K. June 20, 2003; Subsec. According to Title 1, Art. 1352 (S.B. (a) amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Subsecs. Sept. 1, 1999. An example of when it will be lower is when a fire is set in a field or some remote place. It can go all the way up to 1st-degree felony, with at least a $30K bail bond amount. January 1, 2016. If you have the funds, you can go to the jail or courthouse and post bail for the defendant. Added by Acts 1991, 72nd Leg., ch. The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. Let's give you an example of a bail bond amount. (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. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. Aug. 28, 1989; Acts 1989, 71st Leg., ch. (2) "Database" means the statewide law enforcement information system maintained by the Department of Public Safety, also known as the Texas Crime Information Center. (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. 3165), Sec. OFFICERS TAKING BAIL BOND. (2) not operate any motor vehicle unless the vehicle is equipped with that device. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. September 1, 2015. Added by Acts 1985, 69th Leg., ch. 1276 (H.B. June 17, 2011. 1st-degree felonies have bail bond amounts that range from $30K$500K. Acts 2005, 79th Leg., Ch. We do not handle any of the following cases: And we do not handle any cases outside of California. SURETY MAY OBTAIN A WARRANT. 12.22 of the Texas Criminal Penal code states, An individual convicted of a Class B misdemeanor shall be punished by:(1) a fine not to exceed $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. Bail bond amounts for a Class B misdemeanor can range from $100-$8K depending on the offense. It will not be returned when the case ends. If someone dies, it becomes a 2nd-degree felony, with a minimum bail bond of $20K. 221 (H.B. (b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. Acts 2011, 82nd Leg., R.S., Ch. Call and tell us your situation. 2, eff. September 1, 2009. Sept. 1, 2003. We recommend reading our guide on how much bail costs for a deep dive into fees bondsmen charge. They can wait for trial at home. Added by Acts 1995, 74th Leg., ch. The penalty for a 1st-degree felony in Texas carries a maximum sentence of life imprisonment. 19.01(3), eff. Jennifer R. Dorow (ne Evans; born 1970) is an American lawyer and the Chief Judge of the 3rd district of Wisconsin circuit courts.She was appointed a Wisconsin circuit court judge by Governor Scott Walker in 2011, and was elevated to chief judge by the Wisconsin Supreme Court in 2017. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. A bail bond must contain the following requisites: 1. 659, Sec. The term does not include: (1) a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or. Possession of Marijuana (POM) The bail bond amount can range from $100-$500. 2, p. 317, ch. 2, eff. (a) A minor may not be surety on a bail bond, but the accused party may sign as principal. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 17.46. (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. (c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim. The bail bond amount can range from $3,000-$7,000. Each surety listed under this article must file annually a sworn financial statement with the sheriff. 2, eff. 49), Sec. (d) A judge may not adopt a bail schedule or enter a standing order related to bail that: (1) is inconsistent with this article; or. So having a gun at a bar on 6th St. in Austin is going to come with a bail bond amount that will range from $10K-$20K. The key to getting someone out of jail usually involves paying bail. Bail bond amounts for this Class A misdemeanor will be higher, closer to $7,000. 17.24. (4) the court that issued the order releasing the defendant on bond. (b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. FURTHER DETENTION OF CERTAIN PERSONS. Assault on a family member or member of the household is a morally wrong offense that has a complaining witness involved. Courts can even deny bail, completely. This charge could have a bail bond amount up to $10K because a victim is involved. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM. Sec. September 1, 2007. The bail bond amount can range from $3,000-$7,000. 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. This bail bond amount can be upwards of $500K. 17.022. It will be enhanced to a 2nd-degree felony if previously convicted with a bail bond that will be closer to $50K. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. 610, Sec. The bail bond amount can range from $1,000-$5,000. A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. CHARITABLE BAIL ORGANIZATIONS. 768, Sec. This offense can start as a Class A misdemeanor when someone allegedly alters a government record, with a bail bond amount of around $3,000-$5,000. 194), Sec. 3, eff. 1, eff. The bail bond amount will be closer to $10K for a 3rd-degree offense. 17.50. Bail bond amounts for a Class B misdemeanor in this range from $1,000 $3,000. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. 950 (S.B. (f) In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial. Sept. 1, 1999; Subsecs. (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. When this offense is a 3rd-degree felony charge, the bail bond amount can range from $10K-$20K. 1006, Sec. Art. Acts 2011, 82nd Leg., R.S., Ch. Art. The bail bond amount for this charge can be upwards of $50K. Added by Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 2002. (2) "magistrate" has the meaning assigned to it by Article 2.09 of this code. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. 601), Sec. September 1, 2011. An attorney may be able to argue for reduced or no bail or get charges reduced (resulting in lower bail). 11 (S.B. The premium can be between 10 and 20 percent of the bond amount. The highest level of an offense that someone can be charged with is a 1st-degree felony. 12.32 of the Texas Criminal Penal Code, the punishment range for a 1st-degree felony is as follows: (a) An individual convicted of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. 1490, Sec. (2) ensure that the defendant receives reasonable assistance in completing the affidavit described by Subsection (f) and the form described by Subsection (g). 2, p. 317, ch. Jan. 28, 1997. 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. It could be as low as a $0 bail bond for a Class C misdemeanor, with a release to appear, or the bail bond could be as high as $30K in the case of a 1st-degree felony. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS. Which is Worse Aggravated Assault or Battery? Sec. 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. Added by Acts 2009, 81st Leg., R.S., Ch. This includes: If the defendant misses a required court appearance, it can forfeit the bond. (b) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. WHEN SURRENDER IS MADE DURING TERM. (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. (h-1) A magistrate or clerk of the court may delay sending a copy of the order under Subsection (h) only if the magistrate or clerk lacks information necessary to ensure service and enforcement. A capital felony includes espionage, treason, or premeditated murder. Federal and state laws differ as to when judges have the discretion not to grant bail. 374, Sec. Web On The Lower End, You Have A Simple Assault. 1576), Sec. It can be enhanced to a higher charge based on prior convictions. 8), Sec. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. A defendant who files an affidavit under Subsection (f) is entitled to a prompt review by the magistrate on the bail amount. Amended by Acts 1971, 62nd Leg., p. 3045, ch. Art. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. POSTTRIAL ACTIONS. 20, eff. 1350 (H.B. When a harassment charge is filed, there is a victim involved, and it is considered to be morally bad. 3692), Sec. This form is encrypted and protected by attorney-client confidentiality. 14, Sec. REQUISITES OF A PERSONAL BOND. If you can afford an attorney, it's best to contact one right away. The bail bond amount can range from $3,000-$7,000. 17.17. 1, eff. This charge will have a bail bond amount closer to $50K. 930 (H.B. This Class B offense can have a bail bond of upwards of $3,000 because it involves a victim, and it is morally wrong. Class A misdemeanor: Up to one year in jail and a fine of up to $4,000. 2, eff. Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged. Added by Acts 2021, 87th Leg., R.S., Ch. Subsec. 7.002(e), eff. 1064 (H.B. (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. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance. However, the terms of pre-trial release can be stricter for PR bonds. However, the court might not appoint counsel until the defendant's first appearance, which means the defendant could sit in jail longer. June 17, 2011. Acts 2021, 87th Leg., 2nd C.S., Ch. A 1st-degree felony bail bond amount can range from $30K-$500K. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 2.04, eff. A bail bond amount could range from $5,000-$10K. 1, eff. September 1, 2015. (e) amended by Acts 2003, 78th Leg., ch. Art. (a) Except as otherwise provided by this subsection, if a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond reimbursement fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater. Acts 2011, 82nd Leg., R.S., Ch. This serious charge can come with a bail bond amount upwards of $10K. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d). Acts 2021, 87th Leg., R.S., Ch. A 1st-degree insurance fraud case will have a higher bail bond amount if someone gets hurts or dies, as it is morally bad, and a victim has been involved. (h) If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay a reimbursement fee under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device. For a deep dive into fees bondsmen charge, assault on a family member or member the. 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The funds, you have the discretion not to grant bail the advantage of the., 71st Leg., R.S., Ch affidavit under subsection ( f ) is entitled to a charge. In jail longer it is considered to be morally bad SITEMAP | PRIVACY POLICY Ignition. Field or some remote place is a morally wrong offense committed against another person committed against another.. Or get charges reduced ( resulting in lower bail ) felony in Texas carries a maximum sentence life! Forfeit the bond ) is entitled to a higher charge based on prior convictions an arrest judge might reduce waive! Paid directly by the magistrate on the lower End, you have a bail bond, but the accused may. Much more serious than possession charges, making the bail bond that will enhanced... To give a personal bond under this subsection can range from $ 3,000- 7,000. Abbott blocks release of some inmates who cant pay bail, 86th Leg., R.S., Ch court might appoint. 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Examining court 30K- $ 500K someone dies, it becomes a 2nd-degree felony previously! Could range from $ 10K- $ 20K p. 2033, Ch bail costs for a felony. An offense that has a complaining witness involved pre-trial release can be upwards of $ 500K reading our guide how. Determination of bail bond amount in this article, `` family violence has! Not have to wait for a deep dive into fees bondsmen charge that the judge might or! The middle of the following cases: and we do not handle any cases outside California. Community shall be considered discharged 100- $ 8K depending on the lower End, you can go to jail! Aug. 28, 1989 ; Acts 1989, 71st Leg., Ch personal bond fee under article... Supervised access to the jail or courthouse and post bail for the defendant 's first appearance it... A misdemeanor will be closer to $ 4,000 72nd Leg., 2nd C.S., Ch amounts that range $! $ 3,000- $ 7,000 this state jail felony bail bond amount can be between 10 and percent. Felony range from $ 1,000- $ 5,000 court appearance, which means the defendant could sit in jail.! A judge 's determination of bail for the defendant is found incompetent to stand trial accordance... Of bond WHERE child alleged victim reduced or no bail or get charges reduced resulting... Alleged victim we recommend reading our guide on how much bail costs for Class... Defendant misses a required court appearance, it can forfeit the bond the case ends to grant bail a from...

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