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Texas statute

Tex. Code Crim. Proc. art. 17.21 — Bail in felony

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 17: BAIL, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 17.21

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 17.21Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701 , Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. The defendant and the defendant's sureties are not required to appear in court. (b) Notwithstanding Subsection (a), before releasing on bail a defendant charged with an offense punishable as a felony, a magistrate shall ensure that: (1) the defendant has appeared before the magistrate; and (2) the magistrate has considered the public safety report prepared under Article 17.022 for the defendant.

Official sources

This reference is informational and is not legal advice.