Texas Statutes
Chapter 17 - Bail
Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant


(b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest. An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.
(d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.
Added by Acts 2001, 77th Leg., ch. 906, Sec. 5(a), eff. Jan. 1, 2002. Subsec. (d) added by Acts 2003, 78th Leg., ch. 298, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1350 (H.B. 1173), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 5.001, eff. September 1, 2017.

Structure Texas Statutes

Texas Statutes

Code of Criminal Procedure

Title 1 - Code of Criminal Procedure

Chapter 17 - Bail

Article 17.01. Definition of "Bail"

Article 17.02. Definition of "Bail Bond"

Article 17.021. Public Safety Report System

Article 17.022. Public Safety Report

Article 17.023. Authority to Release on Bail in Certain Cases

Article 17.024. Training on Duties Regarding Bail

Article 17.025. Officers Taking Bail Bond

Article 17.026. Electronic Filing of Bail Bond

Article 17.027. Release on Bail of Defendant Charged With Felony Offense Committed While on Bail

Article 17.028. Bail Decision

Article 17.03. Personal Bond

Article 17.031. Release on Personal Bond

Article 17.032. Release on Personal Bond of Certain Defendants With Mental Illness or Intellectual Disability

Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant

Article 17.04. Requisites of a Personal Bond

Article 17.045. Bail Bond Certificates

Article 17.05. When a Bail Bond Is Given

Article 17.0501. Required Training

Article 17.06. Corporation as Surety

Article 17.07. Corporation to File With County Clerk Power of Attorney Designating Agent

Article 17.071. Charitable Bail Organizations

Article 17.08. Requisites of a Bail Bond

Article 17.081. Additional Requisites of Bail Bond Given by Certain Defendants

Article 17.085. Notice of Appearance Date

Article 17.09. Duration; Original and Subsequent Proceedings; New Bail

Article 17.091. Notice of Certain Bail Reductions Required

Article 17.10. Disqualified Sureties

Article 17.11. How Bail Bond Is Taken

Article 17.12. Exempt Property

Article 17.13. Sufficiency of Sureties Ascertained

Article 17.14. Affidavit Not Conclusive

Article 17.141. Eligible Bail Bond Sureties in Certain Counties

Article 17.15. Rules for Setting Amount of Bail

Article 17.151. Release Because of Delay

Article 17.152. Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case

Article 17.153. Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim

Article 17.16. Discharge of Liability; Surrender or Incarceration of Principal Before Forfeiture; Verification of Incarceration

Article 17.17. When Surrender Is Made During Term

Article 17.18. Surrender in Vacation

Article 17.19. Surety May Obtain a Warrant

Article 17.20. Bail in Misdemeanor

Article 17.21. Bail in Felony

Article 17.22. May Take Bail in Felony

Article 17.23. Sureties Severally Bound

Article 17.24. General Rules Applicable

Article 17.25. Proceedings When Bail Is Granted

Article 17.26. Time Given to Procure Bail

Article 17.27. When Bail Is Not Given

Article 17.28. When Ready to Give Bail

Article 17.29. Accused Liberated

Article 17.291. Further Detention of Certain Persons

Article 17.292. Magistrate's Order for Emergency Protection

Article 17.293. Delivery of Order for Emergency Protection to Other Persons

Article 17.294. Confidentiality of Certain Information in Order for Emergency Protection

Article 17.30. Shall Certify Proceedings

Article 17.31. Duty of Clerks Who Receive Such Proceedings

Article 17.32. In Case of No Arrest

Article 17.33. Request Setting of Bail

Article 17.34. Witnesses to Give Bond

Article 17.35. Security of Witness

Article 17.36. Effect of Witness Bond

Article 17.37. Witness May Be Committed

Article 17.38. Rules Applicable to All Cases of Bail

Article 17.39. Records of Bail

Article 17.40. Conditions Related to Victim or Community Safety

Article 17.41. Condition Where Child Alleged Victim

Article 17.42. Personal Bond Office

Article 17.43. Home Curfew and Electronic Monitoring as Condition

Article 17.44. Home Confinement, Electronic Monitoring, and Drug Testing as Condition

Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock

Article 17.45. Conditions Requiring AIDS and HIV Instruction

Article 17.46. Conditions for a Defendant Charged With Stalking

Article 17.465. Conditions for Defendant Charged With Certain Trafficking or Prostitution Related Offenses Involving Adult Victims

Article 17.47. Conditions Requiring Submission of Specimen

Article 17.48. Posttrial Actions

Article 17.49. Conditions for Defendant Charged With Offense Involving Family Violence

Article 17.50. Entry Into Texas Crime Information Center of Certain Information in Cases Involving Violent Offenses; Duties of Magistrates, Sheriffs, and Department of Public Safety

Article 17.51. Notice of Conditions

Article 17.52. Reporting of Conditions

Article 17.53. Procedures and Forms Related to Monetary Bond