CODE OF CRIMINAL PROCEDURE CHAPTER 17.

BAIL

Art. 17.01. [297] [315] [303] 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. [269] [317] [305] 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); or

(H) Section 71.02 (Engaging in Organized Criminal Activity);

(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 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1989, 71st Leg., ch. 374, Sec. 1, eff. Sept. 1,
1989; Sec. (b)(2) amended by Acts 1991, 72nd Leg., ch. 14, Sec.
284(57), eff. Sept. 1, 1991; Subsec. (f) amended by Acts 1991, 72nd
Leg., ch. 14, Sec. 284(45), eff. Sept. 1, 1991; Subsec. (b) amended
by Acts 1995, 74th Leg., ch. 76, Sec. 14.19, eff. Sept. 1, 1995.

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 ); or

(11) Section 29.03 (aggravated robbery).

(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.

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. [270] [318] [306] 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. [271a] 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. [271b] 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. [273] [321] [309] 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. 17.09. [275a] 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.10. [276] [324] [312] Disqualified sureties

A minor cannot be surety on a bail bond, but the accused party may
sign as principal.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 17.11. [277] [325] [313] 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. [278] [326] [314] 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. [279] [327] [315] 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. [280] [328] [316] 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. 17.15. [281] [329] [317] 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 he
is serving that sentence;

(2) being detained pending trial of another accusation against him
as to which the applicable period has not yet elapsed; or

(3) incompetent to stand trial, during the period of his
incompetence.

Sec. 3. If a person released under this article is arrested and
detained for a violation of the conditions of his release, the time
for release under Section 1 of this article begins to run on the
date of the arrest for violation of conditions of the release.

Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1,
1978.

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. [283] [331-334] 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. [284] [332-335] 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. [285] [333] [321] 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) If the court or magistrate finds that there is cause for the
surety to surrender his principal, the court shall issue a warrant
of arrest or capias for the principal. It is an affirmative defense
to any liability on the bond that:

(1) the court or magistrate refused to issue a warrant of arrest or
capias for the principal; and

(2) after the refusal to issue the warrant or capias 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 his principal, shall issue a
warrant of arrest or capias 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 2, eff. June 20,
1987; Subsec. (b) amended by Acts 1989, 71st Leg., ch. 374, Sec. 3,
eff. Sept. 1, 1989; Subsec. (a) amended by Acts 1999, 76th Leg.,
ch. 1506, Sec. 3, eff. Sept. 1, 1999; Subsec. (b) amended by Acts
2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003; Subsec. (c)
amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20,
2003; Subsec. (d) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4,
eff. June 20, 2003; Subsec. (e) amended by Acts 2003, 78th Leg.,
ch. 942, Sec. 4, eff. June 20, 2003.

Art. 17.20. [286] [336] [324] 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. [287] [337] [325] 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. [288] [338] [326] 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. [289] [339] [327] 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. [290] [340] [328] 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. [291] [341] [329] 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. [292] [343] [331] 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. [293] [344] [332] 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. [294] [345] [333] 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. [295] [346] [334] 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 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 this article remains in effect up to the 61st day but not less
than 31 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).

Added by Acts 1995, 74th Leg., ch. 658, Sec. 1, eff. June 14, 1995.
Subsecs. (a), (b) amended by Acts 1997, 75th Leg., ch. 1, Sec. 4,
eff. Jan. 28, 1997. Amended by Acts 1997, 75th Leg., ch. 610, Sec.
1, eff. Sept. 1, 1997; Subsec. (i) amended by Acts 1999, 76th Leg.,
ch. 514, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th
Leg., ch. 1412, Sec. 1, eff. Sept. 1, 1999; Subsecs. (c), (g), (m)
amended by Acts 2001, 77th Leg., ch. 23, Sec. 4, eff. Sept. 1, 2001;
Subsecs. (f-1), (f-2), (n) added and Subsec. (j) amended by Acts
2003, 78th Leg., ch. 424, Sec. 1, eff. Sept. 1, 2003.

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. [296] [347] [335] 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. [297] [348] [336] 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. [298] [349] [337] 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. [300] [351] [339] 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. [301] [352] [340] 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. [302] [353] [341] 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. [303] 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. [274] [322] [310] 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.

(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.

Added by Acts 1999, 76th Leg., ch. 768, Sec. 1, eff. Sept. 1, 1999.

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.

Added by Acts 1985, 69th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1985.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.21,
eff. Sept. 1, 1995.

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 magistrate shall require as a condition of release of a defendant
described by Section 411.1471(a), Government Code, that the
defendant provide to a law enforcement agency one or more specimens
for the purpose of creating a DNA record.

Added by Acts 2001, 77th Leg., ch. 1490, Sec. 5, eff. Sept. 1, 2001.

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.

 

 

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