Tex. Code Crim. Proc. art. 17.027 · Chapter 17. BAIL
RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any other law:
(1) if a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by:
(A) the court before whom the case for the previous offense is pending; or
(B) another court designated in writing by the court described by Paragraph (A); and
(2) if a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be given to the individual designated to receive electronic notices for the county in which the previous offense was committed, not later than the next business day after the date the defendant is taken before the magistrate, for purposes of the court specified by Subdivision (1) determining whether any bail conditions were violated or taking any other applicable action such as an action described by Subsection (a-1).
(a-1) If a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony, the court before which the case for the previous offense is pending shall consider whether to revoke or modify the terms of the previous bond or to otherwise reevaluate the previous bail decision.
(a-2) A magistrate appointed under Chapter 54, Government Code, may not release on bail a defendant who:
(1) is charged with committing an offense punishable as a felony if the defendant:
(A) was released on bail, parole, or community supervision for an offense punishable as a felony at the time of the instant offense;
(B) has previously been finally convicted of two or more offenses punishable as a felony and for which the defendant was imprisoned in the Texas Department of Criminal Justice; or
(C) is subject to an immigration detainer issued by United States Immigration and Customs Enforcement; or
(2) is charged with committing an offense under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping); or
(D) Section 22.021 (aggravated sexual assault).
(a-3) An order granting bail signed by a magistrate appointed under Chapter 54, Government Code, must include the names of each individual who appointed the magistrate and state that the magistrate was appointed by those individuals.
(b) This article may not be construed to extend any deadline provided by Article 15.17.
(c) The local administrative district judge for each county shall designate an individual to receive electronic notices under Subsection (a)(2). The county shall ensure that the name and contact information of the individual designated to receive notices under this subsection are included in the public safety report system developed under Article 17.021.
(d) An individual designated under Subsection (c) who receives an electronic notice under Subsection (a) shall promptly provide the notice to the court specified by Subsection (a)(1), to the district clerk, and to the attorney representing the state and the defendant's attorney, if known, in the pending case for the offense for which the defendant was initially released on bail. A notice provided under this subsection does not constitute an ex parte communication.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 4, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 5, eff. April 1, 2026.
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 5, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 5, eff. January 1, 2026.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm
- Text hash
- sha256 f3a03f261d5ee8be9d091ad8ff12648ec44b254423c2dd5bdca07c1eb61fa7fc
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
BenchPath cards that rely on this text
- Standing Orders Designating the Judges and Magistrates Who Set Bail under Code of Criminal Procedure Art. 17.027, 87th, 278th and 369th District Courts of Leon County (signed January 5-6, 2023)
- Orange County Standing Order Regarding SB6 Release on Bail (Felony Committed While on Bail)
- Orange County Standing Order Regarding SB6 Release on Bail (Felony Committed While on Bail)
- Standing Order Regarding Code of Criminal Procedure Art. 17.027(a)(1) for Counties Within the 8th Judicial District - Franklin County (signed July 19, 2022)
- Cherokee County Courts - Standing Order Designating Courts to Set Bail under Code of Criminal Procedure Art. 17.027 (May 18, 2022)
- Standing Order Designating Courts for Article 17.027 Bail Magistration (Felony Committed While on Bail) — Kendall County
- Designations to Set Bail Under Code of Criminal Procedure Article 17.027 - 244th, 70th, 358th and 161st District Courts of Ector County (January 5, 2023)
- Rockwall County District & County Courts — Criminal Bond Standing Orders (Alias Capias; Magistrate Bond; Article 17.027 Magistrate Designation)
- 105th District Court (Kleberg County) Standing Order No. MISC233001 — authority to set bail for a defendant charged with a subsequent felony while on bail (Tex. Code Crim. Proc. art. 17.027) — June 2, 2023
- Standing Order Regarding Code of Criminal Procedure Art. 17.027(a)(1) for Counties Within the 8th Judicial District - Rains County (signed July 19, 2022)
- Houston County Courts - Standing Orders Designating the Judges and Magistrates Who Set Bail under Code of Criminal Procedure Art. 17.027 (six orders, March 2022 - January 2023)
- Standing Order Regarding Tex. Code Crim. Proc. Art. 17.027 — Release on Bail for Persons Charged with Felony Offense Committed While on Bail
- Standing Order Regarding Release on Bail of Defendant Charged With Felony Offense Committed While on Bail for Felony Offense (81st and 218th District Courts; Karnes County edition; April 21, 2023)
- Standing Order Regarding Code of Criminal Procedure Art. 17.027(a)(1) for Counties Within the 8th Judicial District - Delta County (signed July 19, 2022)
- Standing Order of the 66th District Court — bail for a felony committed while released on felony bail (Tex. Code Crim. Proc. art. 17.027; Hill County)
- Standing Order Regarding Release on Bail of Defendant Charged With Felony Offense Committed While on Bail for Felony Offense (81st and 218th District Courts; La Salle County edition; April 21, 2023)
- Second Amended General Order Regarding Procedures for Bail Hearings and Pre-Trial Release
- Standing Order Regarding Release on Bail of Defendant Charged With Felony Offense Committed While on Bail for Felony Offense (81st and 218th District Courts; Frio County; April 21, 2023)
- Standing Order Regarding Code of Criminal Procedure Art. 17.027(a)(1) for Counties Within the 8th Judicial District - Hopkins County (signed July 19, 2022)
- Standing Order Regarding Release on Bail of Defendant Charged With Felony Offense Committed While on Bail for Felony Offense (81st and 218th District Courts; Wilson County edition; April 21, 2023)
- Eleventh Amended Fort Bend County Adult Plan and Local Rules for the Appointment of Counsel to Indigent Defendants
- Bell County Standing Order Regarding Texas Code of Criminal Procedure 17.027
- Bell County Standing Order Regarding Texas Code of Criminal Procedure 17.027
- Standing Order Regarding Release on Bail of Defendant Charged With Felony Offense Committed While on Bail for Felony Offense (81st and 218th District Courts; Atascosa County edition; April 21, 2023)
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Code of Criminal Procedure
Cited by 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 17.027. Each shows the citation as that text prints it.
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