Texas § 17.20 BAIL IN MISDEMEANOR.

Texas Statutes

§ 17.20 — BAIL IN MISDEMEANOR.

Texas § 17.20

Code CRCode of Criminal Procedure

This text of Texas § 17.20 (BAIL IN MISDEMEANOR.) 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. § 17.20 (2026).

Text

Art. 17.20. BAIL IN MISDEMEANOR.

(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 defenda

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Art. 17.20. BAIL IN MISDEMEANOR.
(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.

Legislative 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.