Art. 17.15.  RULES FOR SETTING AMOUNT OF BAIL.  (a)  The amount of bail and any conditions of bail to be required in any case in which the defendant has been arrested are to be regulated by the court, judge, magistrate, or officer taking the bail in accordance with Articles 17.20, 17.21, and 17.22 and are governed by the Constitution and the following rules:
1.  Bail and any conditions of bail shall be sufficient to give reasonable assurance that the undertaking will be complied with.
2.  The power to require bail is not to be used to make bail an instrument of oppression.
3.  The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense:
(A)  is an offense involving violence as defined by Article 17.03; or
(B)  involves violence directed against a peace officer.
4.  The ability to make bail shall be considered, and proof may be taken on this point.
5.  The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered.
6.  The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail.
7.  The citizenship status of the defendant shall be considered.
(c)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
Acts 1965, 59th Leg., vol. 2, p. 317, Ch. 722.


Amended by Acts 1985, 69th Leg., Ch. 588, Sec. 2, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., Ch. 396, Sec. 1, eff. Sept. 1, 1993.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 10(a), eff. December 2, 2021.

Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.
Amended by: 
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 110 (S.B. 599), Sec. 2, eff. September 1, 2005.