### OFFICEOFTHEA-TTORNEYGENERALOFTEXAS AUSTIN

Honorable L. A. Vsn Sly40 cocnty Attorney, Fort Bend County mohmood, Texas

Your letter of Ythis de>d3xzent on the dlo'ivs:

Section 11, zlrticls 1 of the State Constitution, prole3:

"~11 prisoners shall be bailable by sufiicient Sureties, unless for capital offenses, when the proof io evident; but this provision shall not ba 30 construzd aS to prevent bUi1 arter indictment found upon.



### licmor4ble t. A. VimSlylce, pae 2

examination of the evidedoe, in such MM&Cas may

. be presoribed by law.”

Article 5, Vernon’s 

### Annotated 

# Code ofCrlfminal Prooed u,re, contains exactly the S;M~prOYlsiOn as set forthrin the ror going 0onatltutionaZ provision. . .I ReferFlng.tO the fOregOing PrOVit3iOnait 1: stated in TexasJurlsprudenoe, Vol. 5, page 811: .I

“Under these provisions bail is a matter of right to all person8 aooused of any orime, except where there is proof evident or conimisslon of 

### a oapital offense which renders probable the InfliOtion of the death penalty. Theyule is that aiL-’ prisoners are bailable ; the exoeption is where rro&;*e is evident of the oommisslon of a capital “Although the term *all persons ’ is used in the constitution, it is evident that the provision aaa meant, not to require all prisoners in all airoumsttioea to 

### be bailed, but to refer to a class oi prisoners, eaOhand all of whomshall. be 

### bailed tioept as provided in the oonstltution. **3ut it**  

### has been said that there are several aonsiderations leading pertinently to the OonOlusion that prisonera betore trial and oonvlct Ion are 

### those whowere designed to be scoured this absolutely right to bail.” (See ExPorte Ezell, 40 Tex. 451) Chapter 1, Title 5, Vernon’s Annotated Codeof Crimin Procedure, 

### pertains to arrest without warrant in the c3ses enume: 4ted.in this chapter. Article 217or said Chapter, provides:

“In each case enumerated in this ohapter, the person makingthe arrest shall lm~ediately take the person arrested before 

### the magistrate whomayhave ordered the arrest, or before the nearest magistrate where the arrest waamadewithout an order.” Chapter 2of ~saidTitle 5, Vernon’s 

### Annotated Code of blninal Procedure, pertains to arrests under vfarrant, 

### andArtiCle233of said ohapter, provides:“The officer, or other person executing ~1

warrant o,f urrcst, shull take the perom :rhon he is directed to ;Irrest forthwith before the m~gistrate who issuks the wurrrtnt, or before the mIgistrate named in the warrant.”
hrticles234, 235, 230, 237 and 238, Vernon’s .;nnotated nteof Criminal Procedure, read as follows:

q*rirtiale 254. One arrested in one county for feiony committed in snother shall in nil ceses be ttlken before some msgistrnte of the county where it v;ss alleged the offense wr1sco::i;sitted.**



### ..rt icle 239. !‘(;ne -arresta+ for 3 r;Ladewa.lor shall be taker, tmfore J mgistrste of the county where the arrest takes place who shall take bzil and transmit imnedistely the bsnd so tcken to the court having jurisdiction ol’ the offense.”

,‘,rticle 236. *If the accused roils or refuses to give bA1, us provided in the preceding article, he shall be cornmftted to jsil of the county where he was xrested; end the magistr::te cozczittlng him 3~111 f ’orthwith notify the sheriff of the county ln which the offense is alleged to have been ccxmittcd of the arrest and commitxent, which notice nay be given **by** telegraph, by rail or by other written notice.”llrt icle 237. “The sheriff receiving the notice s&l1 fsrthwich go or send for the prisoner and hive him Sroup,ht before the proper court or sag:strate,” article 238. “If the proper officer of the county where the offexsc is alleged to hzve been coxiited does not dexnd the prisoner rnd toke charge oT him within thirty days fron the day he is cc.“1:3itted, suck grisoncr sfxll tie discharged from custody.”

Articles 450, 451, 453, 454, 455, 456, 457, 45.52nd 459, rnon’s AMotated Code of Criminnl Procedure, provide:nor ,ble L. .i,Vd s.lyke, 2.EO4

Article 450. *In cases 0r crrest for felony

.in the wunty whore the prosecation is pending, during a term of court, the oFricer asking the arrest maytake bail as provided in article 287.”

irrticle 451. *In cases 0r arrest for relony less than aapital, mede during vacation, or msde in another county than the one in which the prosecution is pending, the sherirf may take bail. In euah cases, the amount of the bai1 ehsll be the exee as is indorsed u.?onthe capiae; and, if no amount be indorsed upon the cepias, the sheriff shall require a reascnible amount0r bail.” rgrticle 453. Wncapics maybe executed by any constable or other peace officer. In felony cases, the defendant must be delivered forthwith to the sheriff of the county where the .arrest is made, together with the urit under which he was taken.”
,.rticle 454. “Any officer naklng an arrest under a capisa in a misdemeanor mayin term time or vscction tzke bull of the defendant.”

Article 455. ‘Yhere an crreet is madeunder a capiae in a capital case, the sherlrr shall conrine the defendant in jail, and the capiae shall, for thst purpose, be a sufficient aommitment. This article is applicable when the arrest is made in the county where the prosecution is pending. .,rticle 456. “In each capitsl case where a defendant is arrested under a capiae in a county other than Chat in which the case is pending, the sherirr whoarrests, or to whomthe defendant is delivered, shall aonvey hti forthvilth to the county from which the capias issued and deliver himto the sheriff of such couCty.fl
Article 457. “Cohenan arrest has been szde and a bail bond taken, such bond, together with the cupiss, shall be returned forthrwith to the proper court.”.

irticlc 155. “If a Cefezdnnt be placed in jell

out of the county of the prosecution, on R Cclony, he shall be dlschsrced fro3 CU8tOtiy if Ilot 3pFliCd for and token by the sheriff uf the proper county b&ore the end of sixty days fron the d?y Of bls coxiticnt. Ii the chsrCe is 3 misdescenor, 30 s:!sll be disch3rCcd fro? custody 1f not nyrlicd for and tekon by the sherlfr of the proper county bcforc the end oi’ t?n days from tho dqy ot his coxmitmcnt.”

!,rticle 459. Time preceding article shall not ‘IPply Ii t!ic defsdnnt has been placed ir jail out CC ***Jl?** county f-r the wnnt of B ssfe jail in the proper GountY.”

Your sttcnti:n is directed to Ch3pt*:r48 Title 5, Vernon’s ¬ jtcd Code of Crimin31 Frocedurir, r’ert?ining tz bei1 andrccoCnizance. :re do not deer. it necrHeary to quote the articles c.oht?.ined in this chnptcr.

In vie:4 of the fore@@ statutory ~rovlslons, you 9 provisions, you arc respectiully advised thst We Sheriri’s depa?tment hsa no ‘r-6 depa-tment hsa authority to hold a person ,&Eed xlth a felony or Griede- 0 ‘.LUIa felony or Griedeaecinor 13jnil for 7ny le*&h of the for the purLlose or :nsking te purLlose :nsking &her reasons whstsoevcr xithout Giving

easons who

tsoevcr .:i thout Cl m isvestigstion Or ‘??jtY to .m3%C bsil as provided by the the accused an oFnor*” - a%~ bsil as provided by the foregoing statutes.