Texas § CR.17.027 - RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE

§ CR.17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE

RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE. (a) Notwithstanding any other law: (1) if a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by: (A) the court before whom the case for the previous offense is pending; or (B) another court designated in writing by the court described by Paragraph (A); and (2) if a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be given to the individual designated to receive electronic notices for the county in which the previous offense was committed, not later than the next business day after the date the defendant is taken before the magistrate, for purposes of the court specified by Subdivision (1) determining whether any bail conditions were violated or taking any other applicable action such as an action described by Subsection (a-1). (a-1) If a defendant is taken before a magistrate for committing an offense punishable as a felony while released on bail for another offense punishable as a felony, the court before which the case for the previous offense is pending shall consider whether to revoke or modify the terms of the previous bond or to otherwise reevaluate the previous bail decision. (a-2) A magistrate appointed under Chapter 54 , Government Code, may not release on bail a defendant who: (1) is charged with committing an offense punishable as a felony if the defendant: (A) was released on bail, parole, or community supervision for an offense punishable as a felony at the time of the instant offense; (B) has previously been finally convicted of two or more offenses punishable as a felony and for which the defendant was imprisoned in the Texas Department of Criminal Justice; or (C) is subject to an immigration detainer issued by United States Immigration and Customs Enforcement; or (2) is charged with committing an offense under the following provisions of the Penal Code: (A) Section 19.02 (murder); (B) Section 19.03 (capital murder); (C) Section 20.04 (aggravated kidnapping); or (D) Section 22.021 (aggravated sexual assault). (a-3) An order granting bail signed by a magistrate appointed under Chapter 54 , Government Code, must include the names of each individual who appointed the magistrate and state that the magistrate was appointed by those individuals. (b) This article may not be construed to extend any deadline provided by Article 15.17 . (c) The local administrative district judge for each county shall designate an individual to receive electronic notices under Subsection (a)(2). The county shall ensure that the name and contact information of the individual designated to receive notices under this subsection are included in the public safety report system developed under Article 17.021 . (d) An individual designated under Subsection (c) who receives an electronic notice under Subsection (a) shall promptly provide the notice to the court specified by Subsection (a)(1), to the district clerk, and to the attorney representing the state and the defendant's attorney, if known, in the pending case for the offense for which the defendant was initially released on bail. A notice provided under this subsection does not constitute an ex parte communication. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6 ), Sec. 5, eff. January 1, 2022. Amended by: Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 4, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 5, eff. April 1, 2026. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 5, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 5, eff. January 1, 2026.