Texas Code of Criminal Procedure 17.023 – Authority to Release On Bail in Certain Cases
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(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 § 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.
Terms Used In Texas Code of Criminal Procedure 17.023
- 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.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(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 § 33.022, Government Code, and before final disposition of the proceedings.