(a) Except as provided by Subsection (b), a sheriff shall place in jail a defendant committed to jail by a warrant from a magistrate or court.
(b) A sheriff may permit a defendant committed to jail by a warrant from a magistrate or court to remain out of jail for a reasonable time to procure bail if the defendant:
(1) was committed for want of bail; or
(2) was arrested in a bailable case.

Terms Used In Texas Code of Criminal Procedure 2A.064

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(c) A sheriff shall guard a defendant permitted to remain out of jail under Subsection (b) to prevent escape.


Text of article effective on January 01, 2025

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