Tex. Code Crim. Proc. art. 17.15 · Chapter 17. BAIL
RULES FOR SETTING AMOUNT OF BAIL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 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; 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, 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 Code.
Notes and commentary — not statutory text
History
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.
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 ab97b7fdfd946be40d96ad1155fb2b3c3e7c90d01ea8e3fd63b1c23dad2fb373
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.021PUBLIC SAFETY REPORT SYSTEM.Printed as Article 17.021
- Tex. Code Crim. Proc. art. 17.03PERSONAL BOND.Printed as Article 17.03
- Tex. Code Crim. Proc. art. 17.20BAIL IN MISDEMEANOR.Printed as Articles 17.20, 17.21, and 17.22
- Tex. Code Crim. Proc. art. 17.21BAIL IN FELONY.Printed as Articles 17.20, 17.21, and 17.22
- Tex. Code Crim. Proc. art. 17.22MAY TAKE BAIL IN FELONY.Printed as Articles 17.20, 17.21, and 17.22
Cited by 10 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 17.15. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.021PUBLIC SAFETY REPORT SYSTEM.Printed as Article 17.15 | Article 17.15(a)
- Tex. Code Crim. Proc. art. 17.028BAIL DECISION.Printed as Article 17.15 | Article 17.15(a) | Article 17.15(a)(6)
- Tex. Code Crim. Proc. art. 17.029REVIEW OF BAIL DECISION.Printed as Article 17.15(a)
- Tex. Code Crim. Proc. art. 17.20BAIL IN MISDEMEANOR.Printed as Article 17.15(a)(6)
- Tex. Code Crim. Proc. art. 17.22MAY TAKE BAIL IN FELONY.Printed as Article 17.15
Government Code
- Tex. Gov't Code § 33.001DEFINITIONS.Printed as Article 17.15, Code of Criminal Procedure
- Tex. Gov't Code § 33.034REVIEW OF COMMISSION DECISION.Printed as Article 17.15, Code of Criminal Procedure
- Tex. Gov't Code § 33.037SUSPENSION FROM OFFICE.Printed as Article 17.15, Code of Criminal Procedure
- Tex. Gov't Code § 72.038BAIL FORM.Printed as Article 17.15(a), Code of Criminal Procedure
- Tex. Gov't Code § 665.052CAUSES FOR REMOVAL.Printed as Article 17.15, Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.