Texas § CR.17.023 - AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES

§ CR.17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES

AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. (a) This article applies only to a defendant charged with an offense that is: (1) punishable as a felony; or (2) a misdemeanor punishable by confinement. (b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is: (1) any of the following: (A) a resident of this state; (B) a justice of the peace serving under Section 27.054 or 27.055 , Government Code; or (C) a judge or justice serving under Chapter 74 , Government Code; and (2) in compliance with the training requirements of Article 17.024 . (c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate: (1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or (2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022 , Government Code, and before final disposition of the proceedings. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6 ), Sec. 5, eff. January 1, 2022.