Texas Code of Criminal Procedure

§ 17.028 — BAIL DECISION

CR § 17.028Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 17. BAIL

Statute text

(a)Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be:

(1)granted personal bond with or without conditions;

(2)granted surety or cash bond with or without conditions; or

(3)denied bail in accordance with the Texas Constitution and other law.

(b)In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.

(c)In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. (c-1) Subsections (b) and (c) may not be construed as requiring the court to hold an evidentiary hearing that is not required by other law.

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Legislative history

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.