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Texas Code of Criminal Procedure - Article 17.033. Release On Bond Of Certain Persons Arrested Without A Warrant

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.033. Release On Bond Of Certain Persons Arrested Without A Warrant

Art. 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.  Amended by Acts 2003, 78th Leg., ch. 298, Sec. 1, eff. June 
18, 2003.

Last modified: August 10, 2007