Texas Code Of Criminal Procedure Title 1, Chapter 17 - Bail

• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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,...
• Texas Article 17.03 - Personal Bond
  (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...
• Texas 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...
• Texas Article 17.032 - Release On Personal Bond Of Certain Mentally Ill Defendants
  (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...
• Texas 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...
• Texas Article 17.04 - Requisites Of A Personal Bond
  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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas Article 17.09 - Duration; Original And Subsequent Proceedings; New Bail
  Art. 17.09. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any...
• Texas 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 Section 3g, Article 42.12, an...
• Texas 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, an offense described...
• Texas 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...
• Texas Article 17.11 - How Bail Bond Is Taken
  Art. 17.11. HOW BAIL BOND IS TAKEN. Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas Article 17.15 - Rules For Fixing Amount Of Bail
  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...
• Texas Article 17.151 - Release Because Of Delay
  Art. 17.151. RELEASE BECAUSE OF DELAY. Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas Article 17.20 - Bail In Misdemeanor
  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...
• Texas 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...
• Texas Article 17.22 - May Take Bail In Felony
  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...
• Texas 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...
• Texas Article 17.24 - General Rules Applicable
  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.
• Texas 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...
• Texas Article 17.26 - Time Given To Procure Bail
  Reasonable time shall be given the accused to procure security. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
• Texas 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...
• Texas 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...
• Texas 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...
• Texas Article 17.291 - Further Detention Of Certain Persons
  (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...
• Texas Article 17.292 - Magistrate's Order For Emergency Protection
  (a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.021,...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas 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...
• Texas Article 17.42 - Personal Bond Office
  Art. 17.42. PERSONAL BOND OFFICE. Sec. 1. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the...
• Texas 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...
• Texas 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...
• Texas Article 17.441 - Conditions Requiring Motor Vehicle Ignition Interlock
  (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...
• Texas Article 17.45 - Conditions Requiring Aids And Hiv Instruction
  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,...
• Texas Article 17.46 - Conditions For A Defendant Charged With Stalking
  (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...
• Texas Article 17.47 - Conditions Requiring Submission Of Specimen
  (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...
• Texas Article 17.48 - Posttrial Actions
  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...
• Texas Article 17.49 - Conditions For Defendant Charged With Offense Involving Family Violence
  (a) In this article: (1) "Family violence" has the meaning assigned by Section 71.004, Family Code. (2) "Global positioning monitoring system" means a system that...

Last modified: September 28, 2016