(a) The justice or judge may require the defendant to give a personal bond to secure the defendant’s appearance in accordance with this code.
(b) The justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or income to give a bail bond; and
(B) a bail bond is necessary to secure the defendant’s appearance in accordance with this code.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 10
(c) If a defendant required to give a bail bond under Subsection (b) remains in custody, without giving the bond, for more than 48 hours after the issuance of the applicable order, the justice or judge shall reconsider the requirement for the defendant to give the bond.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 9
(c) If before the expiration of a 48-hour period following the issuance of the applicable order a defendant described by Subsections (b)(1) and (2) does not give a required bail bond, the justice or judge:
(1) shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and
(2) may require the defendant to give a personal bond.
(d) If the defendant refuses to give a personal bond or, except as provided by Subsection (c), refuses or otherwise fails to give a bail bond, the defendant may be held in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.41 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 9, eff. September 1, 2017.
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