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Texas Code of Criminal Procedure - Article 23.03. Capias Or Summons In Felony

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 23.03. Capias Or Summons In Felony

Art. 23.03. [443] [507] [495] CAPIAS OR SUMMONS IN 
FELONY.  (a) A capias shall be issued by the district clerk upon 
each indictment for felony presented, after bail has been set or 
denied by the judge of the court.  Upon the request of the attorney 
representing the State, a summons shall be issued by the district 
clerk.  The capias or summons shall be delivered by the clerk or 
mailed to the sheriff of the county where the defendant resides or 
is to be found.  A capias or summons need not issue for a defendant 
in custody or under bond.
	(b)  Upon the request of the attorney representing the State 
a summons instead of a capias shall issue.  If a defendant fails to 
appear in response to the summons a capias shall issue.
	(c)  Summons.  The summons shall be in the same form as the 
capias except that it shall summon the defendant to appear before 
the proper court at a stated time and place.  The summons shall be 
served upon a defendant by delivering a copy to him personally, or 
by leaving it at his dwelling house or usual place of abode with 
some person of suitable age and discretion then residing therein or 
by mailing it to the defendant's last known address.
	(d)  A summons issued to any person must clearly and 
prominently state in English and in Spanish the following:
	"It is an offense for a person to intentionally influence or 
coerce a witness to testify falsely or to elude legal process.  It 
is also a felony offense to harm or threaten to harm a witness or 
prospective witness in retaliation for or on account of the service 
of the person as a witness or to prevent or delay the person's 
service as a witness to a crime."

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1979, 66th Leg., p. 1034, ch. 463, Sec. 3, eff. June 
7, 1979.

Amended by Acts 1995, 74th Leg., ch. 67, Sec. 1, eff. Sept. 1, 1995.          

Last modified: August 10, 2007