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Texas Code of Criminal Procedure - Chapter 17 BailLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 17 Bail Sponsored Links"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" is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court ... (a) Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without ... (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 ... (a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (1) Section 19.02 (murder); (2) Section 19.03 (capital ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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, ... Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Section 3g, Article 42.12, or ... (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 ... 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 ... 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 ... 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 ... 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 ... 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 ... The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they ... 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 ... (a) A surety may before forfeiture relieve himself of his undertaking by: (1) surrendering the accused into the custody of the sheriff of the county ... 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 ... 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 ... (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 ... The sheriff, or other peace officer, in cases of misdemeanor, may, whether during the term of the court or in vacation, where he has a ... In cases of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is ... In a felony case, if the court before which the same is pending is not in session in the county where the defendant is in ... 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 ... All general rules in the Chapter are applicable to bail defendant before an examining court. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ... 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 ... Reasonable time shall be given the accused to procure security. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ... 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 ... 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 ... (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 ... (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 ... (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 42.072, Penal Code, the ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal ... A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02, Penal Code, receive counseling or education, ... (a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may ... (a) A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law ... A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state ... Last modified: August 11, 2007 |