Texas Statutes
Chapter 17 - Bail
Article 17.15. Rules for Setting Amount of Bail


1. Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be used to make bail an instrument of oppression.
3. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:
(A) is an offense involving violence as defined by Article 17.03; or
(B) involves violence directed against a peace officer.
4. The ability to make bail shall be considered, and proof may be taken on this point.
5. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.
6. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.
7. The citizenship status of the defendant shall be considered.
(c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.

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