Tex. Code Crim. Proc. art. 17.151 · Chapter 17. BAIL
RELEASE BECAUSE OF DELAY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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;
(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; or
(5) civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
Sec. 3. Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
Notes and commentary — not statutory text
History
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.
Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 13, eff. September 1, 2025.
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 46c89757f24e062e9d58fb4f81c2a2d3640da57f4274fc8101ef33c1284c1bec
- 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
- Amended Joint Order Regarding Detention of Individuals Pending Filing of Charges - District Courts, County Courts at Law and Magistrate Court of Lubbock County (signed November 1, 2024)
- Local Administrative Rules of the District Courts and County Courts-at-Law of Lubbock County (adopted by the Board of Judges December 6, 2024)
- Local Rules for the 123rd Judicial District Court and the County Court at Law of Panola County (effective March 1, 2001; approved by the Supreme Court of Texas May 7, 2002)
- Local Rules for the Fourth District Court and the County Court-at-Law, Rusk County
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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.