reglab/statecodes huggingface dataset:
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 3.

Sec. 3.  A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 14, eff. Aug. 28, 1967.
Sec. 2 amended by Acts 1999, 76th Leg., ch. 1506, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 930 (H.B. 1562), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.12. Exempt Property

The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any.
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 17.13. Sufficiency of Sureties Ascertained

To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties:  "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me;  that I reside in .......... County, and have property in this State liable to execution worth said amount or more.
(Dated .........., and attested by the judge of the court, clerk, magistrate or sheriff.)"
Such affidavit shall be filed with the papers of the proceedings.
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 17.14. Affidavit Not Conclusive

Such affidavit shall not be conclusive as to the sufficiency of the security;  and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same.
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 17.141. Eligible Bail Bond Sureties in Certain Counties

In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient.  Each surety listed under this article must file annually a sworn financial statement with the sheriff.
Added by Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.15. Rules for Setting Amount of Bail

(a)  The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules:
1.  Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.
2.  The power to require bail is not to be used to make bail an instrument of oppression.
3.  The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:
(A)  is an offense involving violence as defined by Article 17.03; or
(B)  involves violence directed against a peace officer.
4.  The ability to make bail shall be considered, and proof may be taken on this point.
5.  The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.
6.  The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.
7.  The citizenship status of the defendant shall be considered.
(c)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
Acts 1965, 59th Leg., vol. 2, p. 317, Ch. 722.
Amended by Acts 1985, 69th Leg., Ch. 588, Sec. 2, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., Ch. 396, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.151. Release Because of Delay › Section 1.

Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less;  or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.151. Release Because of Delay › Section 2.

Sec. 2.  The provisions of this article do not apply to a defendant who is:
(1)  serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2)  being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3)  incompetent to stand trial, during the period of the defendant's incompetence; or
(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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.151. Release Because of Delay › Section 3.

Sec. 3.  Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.
Amended by:
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.152. Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case

(a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(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
(2)  the safety of the community.
(c)  Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, 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 committed the offense.
(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:
(1)  family violence; or
(2)  an act in furtherance of an offense under Section 42.072, Penal Code.
(e)  In determining whether to deny release on bail under this article, the judge or magistrate may consider:
(1)  the order or condition of bond;
(2)  the nature and circumstances of the alleged offense;
(3)  the relationship between the accused and the victim, including the history of that relationship;
(4)  any criminal history of the accused; and
(5)  any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.
(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.  At that time, the magistrate shall conduct the hearing and make the determination required by this article.
Added by Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 3692), Sec. 3, eff. January 1, 2008.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.153. Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim

(a)  This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);
(3)  Section 43.25 (Sexual Performance by a Child);
(4)  Section 20A.02 (Trafficking of Persons), if the defendant is alleged to have:
(A)  trafficked the child with the intent or knowledge that the child would engage in sexual conduct, as defined by Section 43.25, Penal Code; or
(B)  benefited from participating in a venture that involved a trafficked child engaging in sexual conduct, as defined by Section 43.25, Penal Code; or
(5)  Section 43.05(a)(2) (Compelling Prostitution).
(b)  A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community.  If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody.  Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond.  A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 982 (H.B. 3751), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 2.01, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.16. Discharge of Liability; Surrender or Incarceration of Principal Before Forfeiture; Verification of Incarceration

(a)  A surety may before forfeiture relieve the surety of the surety's undertaking by:
(1)  surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or
(2)  delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in:
(A)  federal custody, subject to Subsection (a-1);
(B)  the custody of any state; or
(C)  any county of this state.
(a-1)  For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States.
(b)  On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit.  If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification.
(c)  On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated.  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).
(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
(2)  the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody.
(e)  For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the verification of the incarceration of the accused.
(f)  An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be:
(1)  filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and
(2)  delivered to the office of the prosecuting attorney.
(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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 1, eff. June 20, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 87 (S.B. 877), Sec. 1, eff. May 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 4.01, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.17. When Surrender Is Made During Term

If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court;  and if he is willing to give other bail, the court shall forthwith require him to do so.  If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff.
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 17.18. Surrender in Vacation

When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate;  and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail.
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 17.19. Surety May Obtain a Warrant

(a)  Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending.  The affidavit must state:
(1) the court and cause number of the case;
(2) the name of the defendant;
(3) the offense with which the defendant is charged;
(4) the date of the bond;
(5) the cause for the surrender;  and
(6) that notice of the surety's intention to surrender the principal has been given as required by this subsection.
(b)  In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal.  In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. It is an affirmative defense to any liability on the bond that:
(1)  the court or magistrate refused to issue a capias or warrant of arrest for the principal; and
(2)  after the refusal to issue the capias or warrant of arrest, the principal failed to appear.
(c)  If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal.
(d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent.
(e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 2, eff. June 20, 1987;  Subsec. (b) amended by Acts 1989, 71st Leg., ch. 374, Sec. 3, eff. Sept. 1, 1989;  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1506, Sec. 3, eff. Sept. 1, 1999;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (e) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.20. Bail in Misdemeanor

(a)  In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail.
(b)  Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021.
(c)  Notwithstanding Subsection (b), a sheriff, peace officer, or jailer may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6).
(d)  If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 3046, ch. 1006, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 3, eff. June 17, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 11, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.21. Bail in Felony

In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody.  The defendant and the defendant's sureties are not required to appear in court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.22. May Take Bail in Felony

(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.
(b)  Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021.
(c)  If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, the sheriff, officer, or jailer may not set the amount of the defendant's bail but may take the defendant's bail in the amount set by the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 5, eff. June 17, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 12, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.23. Sureties Severally Bound

In all bail bonds taken under any provision of this Code, the sureties shall be severally bound.  Where a surrender of the principal is made by one or more of them, all the sureties shall be considered 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 17 - Bail › Article 17.25. Proceedings When Bail Is Granted

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.
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 17.27. When Bail Is Not Given

If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged;  and he shall issue a commitment accordingly.
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 17.28. When Ready to Give Bail

If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any.
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 17.29. Accused Liberated

(a)  When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty.
(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.  An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection.  If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person.
(c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article.
(d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1995, 74th Leg., ch. 656, Sec. 1, eff. June 14, 1995;  Acts 1995, 74th Leg., ch. 661, Sec. 1, eff. Aug. 28, 1995;  Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1, Sec. 3, eff. Jan. 28, 1997;  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(e), eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.291. Further Detention of Certain Persons

Text of subsection effective until January 01, 2025
(a)  In this article:
(1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code;  and
(2) "magistrate" has the meaning assigned to it by Article 2.09 of this code.
Text of subsection effective on January 01, 2025
(a)  In this article:
(1)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(2)  "Magistrate" has the meaning assigned by Article 2A.151.
(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.  The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted.  This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that:
(1) the violence would continue if the person is released;  and
(2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested:
(A) on more than one occasion for an offense involving family violence;  or
(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.
Added by Acts 1991, 72nd Leg., ch. 552, Sec. 2, eff. June 16, 1991.  Subsec. (b) amended by Acts 1999, 76th Leg., ch. 1341, Sec. 1, eff. Sept. 1, 1999.  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(f), eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.015, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.293. Delivery of Order for Emergency Protection to Other Persons

The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters.  On receipt of the order suspending the license, the department shall:
(1)  record the suspension of the license in the records of the department;
(2)  report the suspension to local law enforcement agencies, as appropriate; and
(3)  demand surrender of the suspended license from the license holder.
Added by Acts 1999, 76th Leg., ch. 1412, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 7, eff. January 1, 2016.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.294. Confidentiality of Certain Information in Order for Emergency Protection

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
(C)  disclose the designated person's mailing address to the court;
(2)  requiring the court clerk to:
(A)  strike the mailing address of the person protected by the order from the public records of the court, if applicable; and
(B)  maintain a confidential record of the mailing address for use only by:
(i)  the court; or
(ii)  a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety; and
(3)  prohibiting the release of the information to the defendant.
Added by Acts 2019, 86th Leg., R.S., Ch. 90 (S.B. 2390), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.30. Shall Certify Proceedings

The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope.  The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay.
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 17.31. Duty of Clerks Who Receive Such Proceedings

If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury.  If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his 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 17 - Bail › Article 17.32. In Case of No Arrest

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.
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 17.33. Request Setting of Bail

The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail.  This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01.
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 17.34. Witnesses to Give Bond

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.  A personal bond may be taken of a witness by the court before whom the case is pending.
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 17.35. Security of Witness

The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness.
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 17.36. Effect of Witness Bond

The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner.
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 17.37. Witness May Be Committed

A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail.
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 17.38. Rules Applicable to All Cases of Bail

The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action.
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 17.39. Records of Bail

A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any.
Added by Acts 1977, 65th Leg., p. 1525, ch. 618, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.40. Conditions Related to Victim or Community Safety

(a)  To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community.
(b)  At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred.  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.  Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond.  A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
Added by Acts 1999, 76th Leg., ch. 768, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 3692), Sec. 4, eff. January 1, 2008.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.41. Condition Where Child Alleged Victim

(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
(2)  Section 25.02 (Prohibited Sexual Conduct).
(b)  Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not:
(1)  directly communicate with the alleged victim of the offense; or
(2)  go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.
(c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.
(d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days.
Added by Acts 1985, 69th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1985.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.21, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 982 (H.B. 3751), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.42. Personal Bond Office › Section 1.

Sec. 1. 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.42. Personal Bond Office › Section 2.

Sec. 2.  (a)  The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office.
(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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.42. Personal Bond Office › Section 4.

Sec. 4.
Text of subsection effective until January 01, 2025
(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.  The court may waive the fee or assess a lesser fee if good cause is shown.  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.
Text of subsection effective on January 01, 2025
(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.  The court may waive the fee or assess a lesser fee if good cause is shown.  A court that requires a defendant to give a personal bond under Article 45A.107 may not assess a personal bond fee under this subsection.
(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.
(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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.42. Personal Bond Office › Section 5.

Sec. 5.  (a)  A personal bond pretrial release office established under this article shall:
(1)  prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond before sentencing in a pending case;
(2)  update the record on a monthly basis; and
(3)  file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office.
(b)  In preparing a record under Subsection (a), the office shall include in the record a statement of:
(1)  the offense with which the person is charged;
(2)  the dates of any court appearances scheduled in the matter that were previously unattended by the person;
(3)  whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release;
(4)  whether the person has failed to comply with conditions of release on personal bond;  and
(5)  the presiding judge or magistrate who authorized the personal bond.
(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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.42. Personal Bond Office › Section 6.

Sec. 6.  (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.
(b)  In preparing an annual report under Subsection (a), the office shall include in the report a statement of:
(1)  the office's operating budget;
(2)  the number of positions maintained for office staff;
(3)  the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and
(4)  the number of persons described by Subdivision (3):
(A)  who failed to attend a scheduled court appearance;
(B)  for whom a warrant was issued for the arrest of those persons for failure to appear in accordance with the terms of their release; or
(C)  who, while released on personal bond, were arrested for any other offense in the same county in which the persons were released on bond.
(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.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.01(a), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1080, Sec. 1, eff. Sept. 1, 1989.  Secs. 5, 6 added by Acts 1995, 74th Leg., ch. 318, Sec. 44, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 420 (S.B. 882), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1174 (S.B. 965), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.02, eff. January 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.016, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.43. Home Curfew and Electronic Monitoring as Condition

(a)  A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate.
(b)  Cost of monitoring may be assessed as reimbursement fees or ordered paid directly by the defendant as a condition of bond.
Added by Acts 1989, 71st Leg., ch. 374, Sec. 4, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.03, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.44. Home Confinement, Electronic Monitoring, and Drug Testing as Condition

(a)  A magistrate may require as a condition of release on bond that the defendant submit to:
(1)  home confinement and electronic monitoring under the supervision of an agency designated by the magistrate;  or
(2)  testing on a weekly basis for the presence of a controlled substance in the defendant's body.
(b)  In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(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
(3)  fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article.
(e)  The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.03, eff. Sept. 1, 1989.  Renumbered from art. 17.42 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(3), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(46), eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 163 (S.B. 1506), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.04, eff. January 1, 2020.