Tex. Code of Crim. Proc. Article 17.15
Rules for Setting Amount of Bail


(a)

The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21 (Bail in Felony), and 17.22 and are governed by the Constitution and the following rules:
1. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be used to make bail an instrument of oppression.
3. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:

(A)

is an offense involving violence as defined by Article 17.03 (Personal Bond); or

(B)

involves violence directed against a peace officer.
4. The ability to make bail shall be considered, and proof may be taken on this point.
5. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.
6. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021 (Public Safety Report System), shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.
7. The citizenship status of the defendant shall be considered.

(c)

In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.
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.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.
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.
Sec. 3. Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.
Amended by:
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 2, eff. September 1, 2005.
1. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be used to make bail an instrument of oppression.
3. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:

(A)

is an offense involving violence as defined by Article 17.03 (Personal Bond); or

(B)

involves violence directed against a peace officer.
4. The ability to make bail shall be considered, and proof may be taken on this point.
5. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.
6. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021 (Public Safety Report System), shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.
7. The citizenship status of the defendant shall be considered.

(c)

In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.
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.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.
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.
Sec. 3. Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.
Amended by:
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 2, eff. September 1, 2005.

Source: Article 17.15 — Rules for Setting Amount of Bail, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­17-COPY.­htm#17.­15 (accessed Apr. 13, 2024).

17.01
Definition of “Bail”
17.03
Personal Bond
17.04
Requisites of a Personal Bond
17.05
When a Bail Bond Is Given
17.06
Corporation as Surety
17.07
Corporation to File with County Clerk Power of Attorney Designating Agent
17.08
Requisites of a Bail Bond
17.09
Duration
17.10
Disqualified Sureties
17.12
Exempt Property
17.13
Sufficiency of Sureties Ascertained
17.14
Affidavit Not Conclusive
17.15
Rules for Setting Amount of Bail
17.16
Discharge of Liability
17.17
When Surrender Is Made During Term
17.18
Surrender in Vacation
17.19
Surety May Obtain a Warrant
17.021
Public Safety Report System
17.21
Bail in Felony
17.022
Public Safety Report
17.23
Sureties Severally Bound
17.023
Authority to Release on Bail in Certain Cases
17.24
General Rules Applicable
17.024
Training on Duties Regarding Bail
17.25
Proceedings When Bail Is Granted
17.025
Officers Taking Bail Bond
17.26
Time Given to Procure Bail
17.026
Electronic Filing of Bail Bond
17.27
When Bail Is Not Given
17.027
Release on Bail of Defendant Charged with Felony Offense Committed While on Bail
17.28
When Ready to Give Bail
17.028
Bail Decision
17.29
Accused Liberated
17.30
Shall Certify Proceedings
17.31
Duty of Clerks Who Receive Such Proceedings
17.031
Release on Personal Bond
17.032
Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability
17.32
In Case of No Arrest
17.33
Request Setting of Bail
17.033
Release on Bond of Certain Persons Arrested Without a Warrant
17.34
Witnesses to Give Bond
17.35
Security of Witness
17.36
Effect of Witness Bond
17.37
Witness May Be Committed
17.38
Rules Applicable to All Cases of Bail
17.39
Records of Bail
17.40
Conditions Related to Victim or Community Safety
17.43
Home Curfew and Electronic Monitoring as Condition
17.44
Home Confinement, Electronic Monitoring, and Drug Testing as Condition
17.045
Bail Bond Certificates
17.45
Conditions Requiring Aids and Hiv Instruction
17.46
Conditions for a Defendant Charged with Stalking
17.47
Conditions Requiring Submission of Specimen
17.48
Posttrial Actions
17.49
Conditions for Defendant Charged with Offense Involving Family Violence
17.50
Entry into Texas Crime Information Center of Certain Information in Cases Involving Violent Offenses or Stalking
17.51
Notice of Conditions
17.52
Reporting of Conditions
17.53
Procedures and Forms Related to Monetary Bond
17.071
Charitable Bail Organizations
17.081
Additional Requisites of Bail Bond Given by Certain Defendants
17.085
Notice of Appearance Date
17.091
Notice of Certain Bail Reductions Required
17.152
Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case
17.153
Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim
17.292
Magistrate’s Order for Emergency Protection
17.293
Delivery of Order for Emergency Protection to Other Persons
17.294
Confidentiality of Certain Information in Order for Emergency Protection
17.441
Conditions Requiring Motor Vehicle Ignition Interlock
17.465
Conditions for Defendant Charged with Certain Trafficking or Prostitution Related Offenses Involving Adult Victims
17.0501
Required Training

Accessed:
Apr. 13, 2024

Art. 17.15’s source at texas​.gov