Texas Code of Criminal Procedure 45A.107 – Bail
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(a) A justice or judge may require a defendant to give a personal bond to secure the defendant’s appearance in accordance with this code.
(b) A justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or income to give a bail bond; and
(B) a bail bond is necessary to secure the defendant’s appearance in accordance with this code.
Terms Used In Texas Code of Criminal Procedure 45A.107
- 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.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) If a defendant required to give a bail bond in accordance with Subsection (b) does not give the bail bond within 48 hours after the issuance of the applicable order, the justice or judge:
(1) shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and
(2) may require the defendant to give a personal bond.
(d) A defendant may be held in custody if the defendant:
(1) refuses to give a personal bond; or
(2) except as provided by Subsection (c), refuses or otherwise fails to give a bail bond.
Text of article effective on January 01, 2025