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Texas Code of Criminal Procedure - CRIM P Art. § 45A.107. Bail

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025 >

(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.

(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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 45A.107. Bail - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45a-107/

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