Tex. Code of Criminal Procedure § 17.023
This is the official text of Tex. Code of Criminal Procedure § 17.023, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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