Texas § 17.21 BAIL IN FELONY.

Texas Statutes

§ 17.21 — BAIL IN FELONY.

Texas § 17.21

Code CRCode of Criminal Procedure

This text of Texas § 17.21 (BAIL IN FELONY.) 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. § 17.21 (2026).

Text

Art. 17.21. BAIL IN FELONY.

(a)In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701 , Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. The defendant and the defendant's sureties are not required to appear in court.

(b)Notwithstanding Subsection (a), be

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Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701 , Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. The defendant and the defendant's sureties are not required to appear in court.
(b) Notwithstanding Subsection (a), before releasing on bail a defendant charged with an offense punishable as a felony, a magistrate shall ensure that:
(1) the defendant has appeared before the magistrate; and
(2) the magistrate has considered the public safety report prepared under Article 17.022 for the defendant.

Legislative History

Added by Acts 1965, 59th Leg., vol. 2, p. 317, Ch. 722 (S.B. 107), eff. January 1, 1966. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070 ), Sec. 4, eff. June 17, 2011. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 11, eff. September 1, 2025.