CODE OF CRIMINAL PROCEDURE
CHAPTER 17. BAIL

Art. 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.
Art. 17.02. DEFINITION OF "BAIL BOND".  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 or magistrate to answer a criminal
accusation;  provided, however, that the defendant upon execution of such 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 same and shall be refunded to the defendant if and when the defendant
complies with the conditions of his bond, and upon order of the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 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 sureties or other security.
(b)  Only the court before whom the case is pending may release on personal bond a defendant who:
(1)  is charged with an offense under the following sections of the Penal Code:
(A)  Section 19.03 (Capital Murder);
(B)  Section 20.04 (Aggravated Kidnapping);
(C)  Section 22.021 (Aggravated Sexual Assault);
(D)  Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
(E)  Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);
(F)  Section 29.03 (Aggravated Robbery);
(G)  Section 30.02 (Burglary);
(H)  Section 71.02 (Engaging in Organized Criminal Activity); or
(I)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);
(2)  is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or
maximum fine for a first degree felony; or
(3)  does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the
presence of a controlled substance in the defendant's body.
(c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law
enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding
of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall
require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in
the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a
condition will serve to reasonably assure the appearance of the defendant for trial.
(d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising
out of the offense for which the defendant is charged.
(e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
(f) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(g) The court may order that a personal bond fee assessed under Section 17.42 be:
(1) paid before the defendant is released;
(2) paid as a condition of bond;
(3) paid as court costs;
(4) reduced as otherwise provided for by statute;  or
(5) waived.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.08, eff. September 1, 2007.
Art. 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.
Art. 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 murder);
(3)  Section 20.03 (kidnapping);
(4)  Section 20.04 (aggravated kidnapping);
(5)  Section 21.11 (indecency with a child);
(6)  Section 22.01(a)(1) (assault);
(7)  Section 22.011 (sexual assault);
(8)  Section 22.02 (aggravated assault);
(9)  Section 22.021 (aggravated sexual assault);
(10)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(11)  Section 29.03 (aggravated robbery); or
(12)  Section 21.02 (continuous sexual abuse of young child or children).
(b) A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent offense;
(2) defendant is examined by the local mental health or mental retardation authority or another mental health
expert under Article 16.22 of this code;
(3) examining expert, in a report submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental illness or is a person with mental retardation and is nonetheless
competent to stand trial;  and
(B) recommends mental health treatment for the defendant;  and
(4) magistrate determines, in consultation with the local mental health or mental retardation authority, that
appropriate community-based mental health or mental retardation services for the defendant are available
through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety
Code, or through another mental health or mental retardation services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release
on personal bond under this article that the defendant submit to outpatient or inpatient mental health or mental
retardation treatment as recommended by the local mental health or mental retardation authority if the
defendant's:
(1) mental illness or mental retardation is chronic in nature;  or
(2) ability to function independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a condition of release imposed under Subsection (c) of this article, the magistrate may require the
defendant to comply with other conditions that are reasonably necessary to protect the community.
(e) In this article, a person is considered to have been convicted of an offense if:
(1) a sentence is imposed;
(2) the person is placed on community supervision or receives deferred adjudication;  or
(3) the court defers final disposition of the case.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.06, eff. Sept. 1, 1994.  Subsec. (a) amended by Acts 1995, 74th Leg., ch.
76, Sec. 14.20, eff. Sept. 1, 1995;  Subsecs. (b), (c) amended by Acts 1997, 75th Leg., ch. 312, Sec. 2, eff. Sept. 1, 1997;  
Subsecs. (b), (c) amended by Acts 2001, 77th Leg., ch. 828, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.09, eff. September 1, 2007.
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.  Subsec. (d) added by Acts 2003, 78th Leg., ch. 298,
Sec. 1, eff. June 18, 2003.
Art. 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 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) 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."
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 623, Sec. 1, eff. Sept. 1, 1987.
Art. 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.
Art. 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 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.
Art. 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.
Art. 17.07. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT.  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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 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.
Art. 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 criminal
court docket setting not less than 48 hours before the docket setting.
Added by Acts 2007, 80th Leg., R.S., Ch. 1038, Sec. 1, eff. September 1, 2007.
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 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.
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.
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.
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, Sec. 2, eff. September 1, 2007.
Art. 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, 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, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.10, eff. September 1, 2007.
Art. 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 743, Sec. 1, eff. September 1, 2005.
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 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.
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 he is in default on said bond.  It shall be the duty of the clerk
of the court wherein such surety is in default on a bail bond, to notify in writing the sheriff, chief of police, or other
peace officer, of such default.  A surety shall be deemed 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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, Sec. 2, eff. September 1, 2005.
Art. 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 are to be governed in the exercise of this discretion by
the Constitution and by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
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.
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 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.
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.
Text of article effective on approval by the voters of H.J.R. 6, 80th Leg., R.S.
Art. 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, Sec. 3, eff. January 1, 2008.
Art. 17.16. DISCHARGE OF LIABILITY;  SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE.  
(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 where the prosecution is pending;  or
(2) delivering to the sheriff of the county where the prosecution is pending an affidavit stating that the accused is
incarcerated in federal custody, in the custody of any state, or in any county of this state.
(b) 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 sheriff's verification of the incarceration of the accused.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 1, eff. June 20, 1987.
Art. 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.
Art. 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.
Art. 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.
Art. 17.20. BAIL IN MISDEMEANOR.  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 defendant in custody, take of the defendant a bail bond.
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.
Art. 17.21. BAIL IN FELONY.  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 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, 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.  It shall not be necessary for the defendant or his sureties to appear in court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 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 custody, the sheriff, or other peace officer having him in custody,
may take his bail bond in such amount as may have been fixed by the court or magistrate, or if no amount has been
fixed, then in such amount as such officer may consider reasonable.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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 assigned to it by Article 2.09 of this code.
(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.
Art. 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 22.011, 22.021, or
42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or
on the request of:
(1)  the victim of the offense;
(2)  the guardian of the victim;
(3)  a peace officer; or
(4)  the attorney representing the state.
(b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the
magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves:
(1) serious bodily injury to the victim;  or
(2) the use or exhibition of a deadly weapon during the commission of an assault.
(c) The magistrate in the order for emergency protection may prohibit the arrested party from:
(1) committing:
(A) family violence or an assault on the person protected under the order;  or
(B) an act in furtherance of an offense under Section 42.072, Penal Code;
(2) communicating:
(A) directly with a member of the family or household or with the person protected under the order in a threatening
or harassing manner;  or
(B) a threat through any person to a member of the family or household or to the person protected under the order;
(3) going to or near:
(A) the residence, place of employment, or business of a member of the family or household or of the person
protected under the order;  or
(B) the residence, child care facility, or school where a child protected under the order resides or attends;  or
(4) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively
engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
(d) The victim of the offense need not be present in court when the order for emergency protection is issued.
(e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the
minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the
person or persons protected by the order that specific descriptions of the locations should be omitted.
(f) To the extent that a condition imposed by an order for emergency protection issued 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 the duration of the order for emergency protection.
(f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed
by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5,
Family Code, the condition imposed by the order issued under the Family Code prevails.
(f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed
by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the
order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code:
(1) is informed of the existence of the order issued under this article;  and
(2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order
issued under this article.
(g) An order for emergency protection issued under this article must contain the following statements printed in
bold-face type or in capital letters:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE
BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN
ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE POSSESSION OF A FIREARM BY
A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION,
WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
CONFINEMENT OR IMPRISONMENT.
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO
ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER
IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE
ORDER."
(h) The magistrate issuing an order for emergency protection under this article shall send a copy of the order to the
chief of police in the municipality where the member of the family or household or individual protected by the
order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the
person does not reside in a municipality.  If the victim of the offense is not present when the order is issued, the
magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24
hours, the victim that the order has been issued by calling the victim's residence and place of employment.  The
clerk of the court shall send a copy of the order to the victim.
(i) If an order for emergency protection issued under this article prohibits a person from going to or near a child
care facility or school, the magistrate shall send a copy of the order to the child care facility or school.
(j)  An order for emergency protection issued under this article is effective on issuance, and the defendant shall be
served a copy of the order in open court.  An order for emergency protection issued under Subsection (a) or (b)(1) of
this article remains in effect up to the 61st day but not less than 31 days after the date of issuance.  An order for
emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less
than 61 days after the date of issuance.  After notice to each affected party and a hearing, the issuing court may
modify all or part of an order issued under this article if the court finds that:
(1)  the order as originally issued is unworkable;
(2)  the modification will not place the victim of the offense at greater risk than did the original order; and
(3)  the modification will not in any way endanger a person protected under the order.
(k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency
protection issued under this article, each municipal police department and sheriff shall establish a procedure
within the department or office to provide adequate information or access to information for peace officers of the
names of persons protected by an order for emergency protection issued under this article and of persons to whom
the order is directed.  The police department or sheriff may enter an order for emergency protection issued under
this article in the department's or office's record of outstanding warrants as notice that the order has been issued
and is in effect.
(l) In the order for emergency protection, the magistrate may suspend a license to carry a concealed handgun
issued under Section 411.177, Government Code, that is held by the defendant.
(m) In this article:
(1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46, Penal Code.
(n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under
this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance
of the emergency order for protection.  On transfer, the criminal court may modify all or part of an order issued
under this subsection in the same manner and under the same standards as the issuing court under Subsection (j).
Art. 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 concealed 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 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.
Text of subsection effective until approval by the voters of H.J.R. 6, 80th Leg., R.S.
(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.
Text of subsection effective on approval by the voters of H.J.R. 6, 80th Leg., R.S.
(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, Sec. 4, eff. January 1, 2008.
Art. 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 12 years of age or
younger:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct);  or
(3) Section 43.25 (Sexual Performance by a Child).
(b) A magistrate may require as a condition of bond for a defendant charged with an offense described by
Subsection (a) of this article that the defendant not directly communicate with the alleged victim of the offense or
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.
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
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.
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.
Sec. 3. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs
of administering the office according to its population.
Sec. 4. (a) If a court releases an accused on personal bond on the recommendation of a personal bond office, the court
shall assess a personal bond 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.
(b) Fees collected under this article may be used solely to defray expenses of the personal bond office, including
defraying the expenses of extradition.
(c) 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.
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;
(2) update the record on a monthly basis;  and
(3) post a copy of the record in the office of the clerk of the county court 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.
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;  and
(4) the number of persons described by Subdivision (3):
(A) who were convicted of the same offense or of any felony within the six years preceding the date on which
charges were filed in the matter pending during the person's release;
(B) who failed to attend a scheduled court appearance;
(C) for whom a warrant was issued for the person's arrest for failure to appear in accordance with the terms of the
person's release;  or
(D) who were arrested for any other offense while on 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.
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.
Art. 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 court costs 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.
Art. 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) If a defendant violates a condition of home confinement and electronic monitoring, 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, the magistrate may revoke the bond and order the defendant arrested.
(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.
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.
Art. 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 Code, or an offense under Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the
defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor
vehicle if ethyl alcohol is detected in the breath of the operator;  and
(2) not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device
would not be in the best interest of justice.
(c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have
the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date
the defendant is released on bond.
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the
device.  If the magistrate designates an agency under this subsection, in each month during which the agency
verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the
designated agency in the amount set by the magistrate.  The defendant shall pay the initial fee at the time the
agency verifies the installation of the device.  In each subsequent month during which the defendant is required to
pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring
service.  The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by
the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost
incurred by the designated agency in conducting the verification or providing the monitoring service, as
applicable in that county.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995.  Subsec. (d) amended by Acts 1999, 76th Leg., ch.
537, Sec. 1, eff. Sept. 1, 1999.
Art. 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, or
both, relating to acquired immune deficiency syndrome or human immunodeficiency virus.
Added by Acts 1989, 71st Leg., ch. 1195, Sec. 8, eff. Sept. 1, 1989.  Renumbered from art. 17.42 by Acts 1991, 72nd Leg.,
ch. 16, Sec. 19.01(4), eff. Aug. 26, 1991.
Art. 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 not:
(1) communicate directly or indirectly with the victim;  or
(2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care
facility, or similar facility where a dependent child of the victim is in attendance.
(b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release
on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any,
that the defendant must maintain from the locations.
Added by Acts 1993, 73rd Leg., ch. 10, Sec. 2, eff. March 19, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch.
657, Sec. 3, eff. June 14, 1995;  amended by Acts 1997, 75th Leg., ch. 1, Sec. 5, eff. Jan. 28, 1997.
Art. 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 enforcement agency one or more
specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
(b)  A magistrate shall require as a condition of release on bail or bond of a defendant described by Section
411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens
for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
Added by Acts 2001, 77th Leg., ch. 1490, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1224, Sec. 17, eff. September 1, 2005.
Art. 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 and the counsel for the defendant are
entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court
proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 3, eff. April 5, 2001.  Renumbered from Vernon's Ann.C.C.P. art. 17.47 by
Acts 2003, 78th Leg., ch. 1275, Sec. 2(6), eff. Sept. 1, 2003.
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
Any time you are charged with a criminal charge it is a very serious
matter requiring a
criminal lawyer.


Long term effects can include a criminal record FOR LIFE, affect your
ability to get a job, obtain credit including denial of a mortgage
application, loss of your Driver's License, surcharges on your
License......and the list goes on and on.  These can be avoided with a good
Houston Criminal Defense Lawyer.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND SOVEREIGNTY
OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION OF
CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER FOR
EMERGENCY PROTECTION
INVOLVING FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF
UNSOUND MIND
BILLS OF ATTAINDER; EX POST
FACTO OR RETROACTIVE
LAWS; IMPAIRING
OBLIGATION OF CONTRACTS
DAMAGING, OR DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE OF
LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF
CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF REPRESENTATIVES
Senators and Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.