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Houston Criminal Defense Attorneys – Texas Code of Criminal Procedure Art. 1.07 Right to Bail

Houston Criminal Defense Attorneys – Texas Code of Criminal Procedure Art. 1.07 Right to Bail – Brian Foley Board Certified in Criminal Law in Houston, Texas.


Today’s Code of Criminal Procedure article is 1.07 on the Right to bail. The article in its current form became effective on January 1, 2022 and reads, “Any person shall be eligible for bail unless denial of bail is expressly permitted by the Texas Constitution or by other law. This provision may not be construed to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.



So what does that mean? Well the Texas Constitution has provisions that allow the State to hold someone without bail under certain circumstances. Most notably if proof is evident that someone is guilty of Capital Murder and that it is likely a jury would find the death penalty appropriate then someone may be held without bail after notice and a hearing on the same matter. Persons who have twice been convicted of a third degree felony or higher and are currently charged with a felony may have bail denied. Aggravated Felonies where the defendant has a prior felony conviction are eligible for no bond as well. Finally a person who is on parole or probation and commits a new violent felony may be held at no bond.


The previous wording of this article included the “unless for capital offenses when the proof is evident” language. Major changes to bail were passed to become effective January 1, 2022 and this is the first mentioning of that reform in the Texas Code of Criminal Procedure.


Like article 1.06 on search and seizure, article 1.07 is a fundamental pillar of our justice system. The United States Constitution requires that no excessive bail be required. This article enshrines the right to bail for criminal defendants in Texas. More and more the courts are imposing restrictions on individuals prior to any finding of guilt. These provisions are found under chapter 17 which we will explore more in later installations here at Houston Criminal Defense Attorneys PLLC.


Art. 1.07. RIGHT TO BAIL. Text of article effective until January 1, 2022 All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law. Text of article effective on January 1, 2022 Any person shall be eligible for bail unless denial of bail is expressly permitted by the Texas Constitution or by other law. This provision may not be construed to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 2, eff. January 1, 2022.


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