Underlying Offense is Felony; Misdemeanor if Misdemeanor. (a) Any person released pursuant to this Chapter who willfully fails to appear before any court or judge as required is: (1) guilty of a felony, if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal of any offense.
(2) guilty of a misdemeanor, if he was released in connection with a charge of any offense not a felony. (b) If any person released pursuant to this Chapter fails to appear, without sufficient excuse, before any court or judge as required, such fact shall be noted by the court in which the person was to appear in its minutes and any security which was given or pledged for his release shall immediately be declared forfeited. NOTE: Section 40.90 is new. It is based on 18 U.S.C. § 3150. See also ABA, Project on Minimum Standards for Criminal Justice Pretrial Release § 1.3 (Approved draft 1968). Compare former Rule 46(f)(1) and § 1305 and Cal. Pen. Code §§ 1305, 1319.4, 1319.6. Although Subsection (b) provides forfeiture, such forfeiture may be set aside. See § 40.95.