Texas Government Code 72.038 – Bail Form
(a) The office shall promulgate a form to be completed by a magistrate, judge, sheriff, peace officer, or jailer who sets bail under Chapter 17, Code of Criminal Procedure, for a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense. The office shall incorporate the completed forms into the public safety report system developed under Article 17.021, Code of Criminal Procedure.
(b) The form must:
(1) state the cause number of the case, if available, the defendant’s name and date of birth, and the offense for which the defendant was arrested;
(2) state the name and the office or position of the person setting bail;
(3) require the person setting bail to:
(A) identify the bail type, the amount of the bail, and any conditions of bail;
(B) certify that the person considered each factor provided by Article 17.15(a), Code of Criminal Procedure; and
(C) certify that the person considered the information provided by the public safety report system; and
(4) be electronically signed by the person setting the bail.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Government Code 72.038
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The person setting bail, an employee of the court that set the defendant’s bail, or an employee of the county in which the defendant’s bail was set must, on completion of the form required under this section, promptly but not later than 72 hours after the time the defendant’s bail is set provide the form electronically to the office through the public safety report system.
(d) The office shall publish the information from each form submitted under this section in a database that is publicly accessible on the office’s Internet website. Any identifying information or sensitive data, as defined by Rule 21c, Texas Rules of Civil Procedure, regarding the victim of an offense and any person’s address or contact information shall be redacted and may not be published under this subsection.