Opinion No. AC-0002
The Honorable Julie Renken
Washington County District Attorney
100 East Main, Box 303
Brenham, Texas 77833
Re: Authority of a magistrate to deny bail following a designation under Code of Criminal Procedure article 17.027(a)(1) (RQ-0484-KP)
S U M M A R Y
Code of Criminal Procedure article 17.027(a)(1) concerns the release on bail of a defendant charged with a felony committed while on bail for a prior felony in the same county. A court designated in writing pursuant to article 17.027(a)(1) to set bail under these circumstances is not authorized to deny bail unless the designated court is a district court, as only a district judge may deny bail to a person accused of a felony committed while on bail for a prior felony pursuant to Texas Constitution article I, section 11a.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202302833
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: August 8, 2023