Tex.
Code of Crim. Proc. Article 17.21
Bail in Felony
(a)
In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, who has the defendant in custody may take the defendant’s bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15 (Rules for Setting Amount of Bail).(b)
Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant’s criminal history record information 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).(c)
If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03 (Personal Bond), the sheriff, officer, or jailer may not set the amount of the defendant’s bail but may take the defendant’s bail in the amount set by the court.(a)
In a felony case, if the court before which the case is pending is not in session in the county where the defendant is in custody, the sheriff or other peace officer, or a jailer licensed under Chapter 1701 (Law Enforcement Officers), Occupations Code, who has the defendant in custody may take the defendant’s bail in the amount set by the court or magistrate, or if no amount has been set, then in any amount that the officer considers reasonable and that is in compliance with Article 17.15 (Rules for Setting Amount of Bail).(b)
Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant’s criminal history record information 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).(c)
If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03 (Personal Bond), the sheriff, officer, or jailer may not set the amount of the defendant’s bail but may take the defendant’s bail in the amount set by the court.
Source:
Article 17.21 — Bail in Felony, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.21 (accessed Apr. 20, 2024).
