reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.19. Notice of Arrest

(a)  If the arrested person fails or refuses to give bail, as provided in Article 15.18, the arrested person shall be committed to the jail of the county where the person was arrested.  The magistrate committing the arrested person shall immediately provide notice to the sheriff of the county in which the offense is alleged to have been committed regarding:
(1)  the arrest and commitment, which notice may be given by mail or other written means or by secure facsimile transmission or other secure electronic means; and
(2)  whether the person was also arrested under a warrant issued under Section 508.251, Government Code.
(b)  If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than 72 hours after the arrest before being transferred to the county jail of the county in which the arrest occurred.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 40, Sec. 1, eff. Oct. 20, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 345 (H.B. 1060), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 771 (H.B. 2300), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.20. Duty of Sheriff Receiving Notice

(a)  Subject to Subsection (b), the sheriff receiving the notice of arrest and commitment under Article 15.19 shall forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate.
(b)  A sheriff who receives notice under Article 15.19(a)(2) of a warrant issued under Section 508.251, Government Code, shall have the arrested person brought before the proper magistrate or court before the 11th day after the date the person is committed to the jail of the county in which the person was arrested.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.21. Release on Personal Bond if Not Timely Demanded

If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall:
(1)  release the arrested person on personal bond without sureties or other security; and
(2)  forward the personal bond to:
(A)  the sheriff of the county where the offense is alleged to have been committed; or
(B)  the court that issued the warrant of arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 3, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.22. When a Person Is Arrested

A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.24. What Force May Be Used

In making an arrest, all reasonable means are permitted to be used to effect it.  No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.25. May Break Door

In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 15 - Arrest Under Warrant › Article 15.26. Authority to Arrest Must Be Made Known

In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made.  The warrant shall be executed by the arrest of the defendant.  The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible.  If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.  The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours.  A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 13, eff. Aug. 28, 1967.
Amended by Acts 2003, 78th Leg., ch. 390, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.01. Examining Trial

When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel.  In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code.  The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case.  If the accused has been transferred for criminal prosecution after a hearing under Section 54.02, Family Code, the accused may be granted an examining trial at the discretion of the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 140, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.02. Examination Postponed

The magistrate may at the request of either party postpone the examination to procure testimony;  but the accused shall in the meanwhile be detained in custody unless he give bail to be present from day to day before the magistrate until the examination is concluded, which he may do in all cases except murder and treason.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.03. Warning to Accused

Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation brought against him, but at the same time shall also inform him that he cannot be compelled to make any statement whatever, and that if he does make such statement, it may be used in evidence against him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.04. Voluntary Statement

If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward.  His statement shall be reduced to writing by or under the direction of the magistrate, or by the accused or his counsel, and shall be signed by the accused by affixing his name or mark, but shall not be sworn to by him.  The magistrate shall attest by his own certificate and signature to the execution and signing of the statement.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.06. Counsel May Examine Witness

The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination.  If no counsel appears for the State the magistrate may examine the witnesses.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.07. Same Rules of Evidence as on Final Trial

The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.09. Testimony Reduced to Writing

The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to the witness, or he may read it over himself.  Such corrections shall be made in the same as the witness may direct;  and he shall then sign the same by affixing thereto his name or mark.  All the testimony thus taken shall be certified to by the magistrate.  In lieu of the above provision, a statement of facts authenticated by State and defense counsel and approved by the presiding magistrate may be used to preserve the testimony of witnesses.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.10. Attachment for Witness

The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an attachment for the purpose of enforcing the attendance of such witness;  this he may do without having previously issued a subpoena for that purpose.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.11. Attachment to Another County

The magistrate may issue an attachment for a witness to any county in the State, when affidavit is made by the party applying therefor that the testimony of the witness is material to the prosecution, or the defense, as the case may be;  and the affidavit shall further state the facts which it is expected will be proved by the witness;  and if the facts set forth are not considered material by the magistrate, or if they be admitted to be true by the adverse party, the attachment shall not issue.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.12. Witness Need Not Be Tendered His Witness Fees or Expenses

A witness attached need not be tendered his witness fees or expenses.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.13. Attachment Executed Forthwith

The officer receiving the attachment shall execute it forthwith by bringing before the magistrate the witness named therein, unless such witness shall give bail for his appearance before the magistrate at the time and place required by the writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.14. Postponing Examination

After examining the witness in attendance, if it appear to the magistrate that there is other important testimony which may be had by a postponement, he shall, at the request of the prosecutor or of the defendant, postpone the hearing for a reasonable time to enable such testimony to be procured;  but in such case the accused shall remain in the custody of the proper officer until the day fixed for such further examination.  No postponement shall take place, unless a sworn statement be made by the defendant, or the prosecutor, setting forth the name and residence of the witness, and the facts which it is expected will be proved.  If it be testimony other than that of a witness, the statement made shall set forth the nature of the evidence.  If the magistrate is satisfied that the testimony is not material, or if the same be admitted to be true by the adverse party, the postponement shall be refused.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.15. Who May Discharge Capital Offense

The examination of one accused of a capital offense shall be conducted by a justice of the peace, county judge, county court at law, or county criminal court.  The judge may admit to bail, except in capital cases where the proof is evident.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.16. If Insufficient Bail Has Been Taken

Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the district or county court, that the bail taken in any case is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective or insufficient, such judge shall issue a warrant of arrest, and require of the defendant sufficient bond and security, according to the nature of the case.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 104, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.17. Decision of Judge

After the examining trial has been had, the judge shall make an order committing the defendant to the jail of the proper county, discharging him or admitting him to bail, as the law and facts of the case may require.  Failure of the judge to make or enter an order within 48 hours after the examining trial has been completed operates as a finding of no probable cause and the accused shall be discharged.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.18. When No Safe Jail

If there is no safe jail in the county in which the prosecution is carried on, the magistrate may commit defendant to the nearest safe jail in any other county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.19. Warrant in Such Case

The commitment in the case mentioned in the preceding Article shall be directed to the sheriff of the county to which the defendant is sent, but the sheriff of the county from which the defendant is taken shall be required to deliver the prisoner into the hands of the sheriff to whom he is sent.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.20. "Commitment"

A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.  It will be sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it be addressed to the sheriff of the county to the jail of which the defendant is committed;
3. That it state in plain language the offense for which the defendant is committed, and give his name, if it be known, or if unknown, contain an accurate description of the defendant;
4. That it state to what court and at what time the defendant is to be held to answer;
5. When the prisoner is sent out of the county where the prosecution arose, the warrant of commitment shall state that there is no safe jail in the proper county;  and
6. If bail has been granted, the amount of bail shall be stated in the warrant of commitment.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.21. Duty of Sheriff as to Prisoners

Every sheriff shall keep safely a person committed to his custody.  He shall use no cruel or unusual means to secure this end, but shall adopt all necessary measures to prevent the escape of a prisoner.  He may summon a guard of sufficient number, in case it becomes necessary to prevent an escape from jail, or the rescue of a prisoner.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 16 - The Commitment or Discharge of the Accused › Article 16.23. Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue

(a)  Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if:
(1)  there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person;
(2)  it is reasonable to divert the person;
(3)  the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
(4)  the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.
(b)  Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 2.02, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.01. Definition of "Bail"

"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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.02. Definition of "Bail Bond"

A "bail bond" is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same.  Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to:
(1)  any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or
(2)  the defendant, if no other person is able to produce a receipt for the funds.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 978 (H.B. 1658), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 654 (H.B. 2182), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 4, eff. December 2, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.022. Public Safety Report

(a)  A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that:
(1)  the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and
(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.
(b)  A magistrate may not, without the consent of the sheriff, order a sheriff or sheriff's department personnel to prepare a public safety report under this article.
(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.
(d)  The magistrate shall:
(1)  consider the public safety report before setting bail; and
(2)  promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section.
(e)  In the manner described by this article, a magistrate may, but is not required to, order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c).  If ordered, the report shall be prepared for the time and place for an appearance as indicated in the citation.
(f)  A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the public safety report system is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.023. Authority to Release on Bail in Certain Cases

(a)  This article applies only to a defendant charged with an offense that is:
(1)  punishable as a felony; or
(2)  a misdemeanor punishable by confinement.
(b)  Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is:
(1)  any of the following:
(A)  a resident of this state;
(B)  a justice of the peace serving under Section 27.054 or 27.055, Government Code; or
(C)  a judge or justice serving under Chapter 74, Government Code; and
(2)  in compliance with the training requirements of Article 17.024.
(c)  A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate:
(1)  has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or
(2)  has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.024. Training on Duties Regarding Bail

(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.  The courses developed must include:
(1)  an eight-hour initial training course that includes the content of the applicable training course described by Article 17.0501; and
(2)  a two-hour continuing education course.
(b)  The office shall provide for a method of certifying that a magistrate has successfully completed a training course required under this article and has demonstrated competency of the course content in a manner acceptable to the office.
(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
(3)  the magistrate demonstrates competency as provided by Subsection (b).
(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.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. December 2, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.025. Officers Taking Bail Bond

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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.026. Electronic Filing of Bail Bond

In any manner permitted by the county in which the bond is written, a bail bond may be filed electronically with the court, judge, magistrate, or other officer taking the bond.
Added by Acts 2015, 84th Leg., R.S., Ch. 779 (H.B. 2499), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.027. Release on Bail of Defendant Charged With Felony Offense Committed While on Bail

(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
(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.
(b)  This article may not be construed to extend any deadline provided by Article 15.17.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.031. Release on Personal Bond

(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.  The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown.
(b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county.
Added by Acts 1971, 62nd Leg., p. 2445, ch. 787, Sec. 1, eff. June 8, 1971.
Amended by Acts 1989, 71st Leg., ch. 374, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant

(a)  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 $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(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.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(c)  On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.
(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. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 5(a), eff. Jan. 1, 2002.  Subsec. (d) added by Acts 2003, 78th Leg., ch. 298, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1350 (H.B. 1173), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 5.001, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.04. Requisites of a Personal Bond

(a)  A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. In addition, a personal bond shall contain:
(1)  the defendant's name, address, and place of employment;
(2)  identification information, including the defendant's:
(A)  date and place of birth;
(B)  height, weight, and color of hair and eyes;
(C)  driver's license number and state of issuance, if any; and
(D)  nearest relative's name and address, if any; and
(3)  except as provided by Subsection (b), the following oath sworn and signed by the defendant:
"I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear."
(b)  A personal bond is not required to contain the oath described by Subsection (a)(3) if:
(1)  the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article;
(2)  the defendant is released on personal bond under Article 17.032; or
(3)  the defendant is found incompetent to stand trial in accordance with Chapter 46B.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 623, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.045. Bail Bond Certificates

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.
Added by Acts 1969, 61st Leg., p. 2033, ch. 697, Sec. 2, eff. Sept. 1, 1969.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.05. When a Bail Bond Is Given

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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 3045, ch. 1006, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.0501. Required Training

The Department of Public Safety shall develop training courses that relate to the use of the statewide telecommunications system maintained by the department and that are directed to each magistrate, judge, sheriff, peace officer, or jailer required to obtain criminal history record information under this chapter, as necessary to enable the person to fulfill those requirements.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 8, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.06. Corporation as Surety

Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.07. Corporation to File With County Clerk Power of Attorney Designating Agent

(a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation.
(b)  A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 769 (H.B. 1823), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.08. Requisites of a Bail Bond

A bail bond must contain the following requisites:
1. That it be made payable to "The State of Texas";
2. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him;
3. If the defendant is charged with a felony, that it state that he is charged with a felony.  If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor;
4. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address;
5. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear.  The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge;
6. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein.  The amount of such expense shall be in addition to the principal amount specified in the bond.  The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.081. Additional Requisites of Bail Bond Given by Certain Defendants

In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety.
Added by Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.085. Notice of Appearance Date

The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting.
Added by Acts 2007, 80th Leg., R.S., Ch. 1038 (H.B. 1801), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 278 (H.B. 1573), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.09. Duration; Original and Subsequent Proceedings; New Bail › Section 1.

Sec. 1. 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.09. Duration; Original and Subsequent Proceedings; New Bail › Section 2.

Sec. 2. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.09. Duration; Original and Subsequent Proceedings; New Bail › Section 3.

Sec. 3. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper.  When such bond is so given and approved, the defendant shall be released from custody.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.09. Duration; Original and Subsequent Proceedings; New Bail › Section 4.

Sec. 4.  Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused:
(1)  withdraws a waiver of the right to counsel; or
(2)  requests the assistance of counsel, appointed or retained.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 463 (H.B. 1178), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.091. Notice of Certain Bail Reductions Required

Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Article 42A.054 or an offense described by Article 62.001(5), the judge or magistrate shall provide:
(1)  to the attorney representing the state, reasonable notice of the proposed bail reduction; and
(2)  on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction.
Added by Acts 2005, 79th Leg., Ch. 671 (S.B. 56), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.10, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 5, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 5.002, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.10. Disqualified Sureties

(a)  A minor may not be surety on a bail bond, but the accused party may sign as principal.
(b)  A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are:
(1)  approved by the State Bar of Texas; and
(2)  offered by an accredited institution of higher education in this state.
(c)  A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of:
(1)  a misdemeanor involving moral turpitude; or
(2)  a felony.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 769 (H.B. 1823), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.11. How Bail Bond Is Taken › Section 1.

Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered;  but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances;  and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.11. How Bail Bond Is Taken › Section 2.

Sec. 2.  Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond.  It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default.  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.