Texas § 17.09 DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL

Texas Statutes

§ 17.09 — DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL

Texas § 17.09

Code CRCode of Criminal Procedure

This text of Texas § 17.09 (DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 17.09 (2026).

Text

Art. 17.09. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL Sec.

1.Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. Sec.

2.When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not

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Art. 17.09. DURATION; ORIGINAL AND SUBSEQUENT PROCEEDINGS; NEW BAIL
Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided.
Sec. 2. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided.
Sec. 3. Provided that whenever, during the course of the action, and regardless of whether the defendant has been previously released under Article 17.151 , the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. When such bond is so given and approved, the defendant shall be released from custody.
Sec. 4. Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused:
(1) withdraws a waiver of the right to counsel; or
(2) requests the assistance of counsel, appointed or retained.

Legislative History

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2007, 80th Leg., R.S., Ch. 463 (H.B. 1178 ), Sec. 2, eff. September 1, 2007. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 9, eff. September 1, 2025.