Making Bail in Austin with New Bond Changes (2022)

Making Bail in Austin
Making Bail in Austin

Making bail in Austin, for a brief period of time had never been easier and for once deep pockets weren’t required to be released from jail. However, behind an increase in violent crimes, SB 6 was passed by the Texas Legislature during the Second Special Session in the fall of 2021 limiting the use of Personal Recognizance (PR) bonds.

If a PR bond is granted, the accused does not need to put up any collateral or money and instead is released on a promise to appear at a later court date and abide by certain bond conditions. For a period of time, PR bonds were being given out like candy on halloween. Now, in order to make bail in Austin you may be required to post a cash or use a bonding company to be released.

Making Bail in Austin Under New PR Bond Rules effective December 2, 2021

I. Only the trial court judge over the criminal case may grant a PR bond when the Defendant is charged

with the following offenses under the Penal Code:

A.. is charged with an offense under section 30.02 (Burglary); or

B. is charged with an offense under section 71.02 (Engaging in Organized Criminal Activity).

Conclusion: Under this section the accused may still receive a PR bond if charged with burglary or engaged in organized criminal activity if the judge presiding give the okay. As such, defendants and attorneys can anticipate different outcomes for different courts. Some may grant PR bonds, others may require a cash or surety bond to make bail.

II. A Defendant is not eligible for a PR bond if they are charged with the following violent offenses under

the Penal Code:

A. is charged with an offense under section 19.02 (murder);

B. is charged with an offense under section 19.03 (capital murder); 

C. is charged with an offense under section 20.03 (kidnapping);

D. is charged with an offense under section 20.04 (aggravated kidnapping);

E. is charged with an offense under section 20A.02 (trafficking of persons);

F. is charged with an offense under section 20A.03 (continuous trafficking of

  persons);

G. is charged with an offense under section 21.02 (continuous sexual abuse of young child or children);

H. is charged with an offense under section 21.11 (indecency with a child);

I. is charged with an offense under section 22.01(a)(1) (assault) if the offense is:

J. punishable as a felony of the second degree under Subsection (b-2) of that section; or

K. punishable as a felony and involved family violence as defined by Section 71.004, Family Code;

L. is charged with an offense under section 22.011 (sexual assault);

M. is charged with an offense under section 22.02 (aggravated assault);

N. is charged with an offense under section 22.021 (aggravated sexual assault);

O. is charged with an offense under section 22.04 (injury to a child, elderly individual, or disabled

individual);

P. is charged with an offense under section 25.072 (repeated violation of certain court orders or

conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent

assault, stalking, or trafficking case);

R. is charged with an offense under section 25.11 (continuous violence against the family);

S. is charged with an offense under section 29.03 (aggravated robbery);

T. is charged with an offense under section 38.14 (taking or attempting to take weapon from peace

officer, federal special investigator, employee or official of correctional facility, parole officer,

community supervision and corrections department officer, or commissioned security officer);

U. is charged with an offense under section 43.04 (aggravated promotion of

  prostitution);

V. is charged with an offense under section 43.05 (compelling prostitution); or

W. is charged with an offense under section 43.25 (sexual performance by a

  child).

III. A Defendant is not eligible for a PR bond if while released on bail or community supervision for an

offense involving violence (set out in Section II, above), the defendant is charged with a new offense

under the following provisions of the Penal Code:

A. Section 22.01(a)(1) (assault);

B. Section 22.05 (deadly conduct);

C. Section 22.07 (terroristic threat); or

D. Section 42.01(a)(7) or (8) (disorderly

  conduct involving firearm).

Tex. Code of Crim. Pro. art. 17.03 as amended by SB 6 (2021).  

Effective April 1, 2022 new rules governing the review of criminal histories (Public Safety Report) before setting bail go into effect.

Sam Adamo