Texas § CR.17.029 - REVIEW OF BAIL DECISION

§ CR.17.029. REVIEW OF BAIL DECISION

REVIEW OF BAIL DECISION. (a) This article applies only to a bail decision: (1) regarding a defendant charged with or arrested for an offense punishable as a felony; and (2) that was made under Article 17.028 by the magistrate of a court that does not have jurisdiction to try the offense with which the defendant is charged. (b) Notwithstanding any other law, a district judge in any county in which the offense for which the person was arrested will be tried or in any county in which the charge for that offense will be filed has jurisdiction to modify a bail decision to which this article applies, regardless of whether the defendant has been previously indicted or an information has been previously filed for the offense for which the defendant was arrested. (c) The local administrative judge for each county shall establish a procedure for the district clerk to notify each district judge in the county that the district clerk received a request to review a bail decision under this article. (d) A district judge must review a bail decision as soon as practicable but not later than the next business day after the date a request to review the bail decision is filed with the district clerk by an attorney representing the state. (e) A district judge reviewing a bail decision under this article shall comply with Article 17.09 and shall consider the facts presented and the rules established by Article 17.15 (a) in setting the defendant's bail. (f) If a district judge modifies a bail decision under this article to increase the amount of bail or to require additional conditions of bail for a defendant who is not in custody, the judge shall: (1) issue a summons for the defendant to appear before the judge; and (2) give the defendant a reasonable opportunity to appear before issuing a warrant for the defendant's arrest. Added by Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 6, eff. September 1, 2025.