Tex. Code Crim. Proc. art. 17.20 · Chapter 17. BAIL
BAIL IN MISDEMEANOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's 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.
(c) Notwithstanding Subsection (b), a sheriff, peace officer, or jailer may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only or a defendant who receives a citation under Article 14.06(c) without considering the factor required by Article 17.15(a)(6).
(d) If the defendant is charged with or has previously been convicted of an offense involving violence as defined by Article 17.03, 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.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971, 62nd Leg., p. 3046, ch. 1006, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 3, eff. June 17, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 11, eff. January 1, 2022.
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 58e2a4fe90089f1276c9464a69dc977910c457701661a145e673b6503df0cbbb
- 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
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. 14.06MUST TAKE OFFENDER BEFORE MAGISTRATE.Printed as Article 14.06(c)
- 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. 17.15RULES FOR SETTING AMOUNT OF BAIL.Printed as Article 17.15(a)(6)
Cited by 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 17.20. Each shows the citation as that text prints it.
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.