Texas Code of Criminal Procedure - Article 45.019. Requisites Of Complaint
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Art. 45.019. [883] [973] [938] REQUISITES OF COMPLAINT
. (a) A complaint is sufficient, without regard to its form, if it
substantially satisfies the following requisites:
(1) it must be in writing;
(2) it must commence "In the name and by the authority of the
State of Texas";
(3) it must state the name of the accused, if known, or if
unknown, must include a reasonably definite description of the
accused;
(4) it must show that the accused has committed an offense
against the law of this state, or state that the affiant has good
reason to believe and does believe that the accused has committed an
offense against the law of this state;
(5) it must state the date the offense was committed as
definitely as the affiant is able to provide;
(6) it must bear the signature or mark of the affiant; and
(7) it must conclude with the words "Against the peace and
dignity of the State" and, if the offense charged is an offense only
under a municipal ordinance, it may also conclude with the words
"Contrary to the said ordinance".
(b) A complaint filed in justice court must allege that the
offense was committed in the county in which the complaint is made.
(c) A complaint filed in municipal court must allege that
the offense was committed in the territorial limits of the
municipality in which the complaint is made.
(d) A complaint may be sworn to before any officer
authorized to administer oaths.
(e) A complaint in municipal court may be sworn to before:
(1) the municipal judge;
(2) the clerk of the court or a deputy clerk;
(3) the city secretary; or
(4) the city attorney or a deputy city attorney.
(f) If the defendant does not object to a defect, error, or
irregularity of form or substance in a charging instrument before
the date on which the trial on the merits commences, the defendant
waives and forfeits the right to object to the defect, error, or
irregularity. Nothing in this article prohibits a trial court from
requiring that an objection to a charging instrument be made at an
earlier time.
(g) In a county with a population of more than two million
that does not have a county attorney, a complaint for an offense
under Section 32.41, Penal Code, must be approved by the district
attorney, regardless of whether a collection proceeding is
initiated by the district attorney under Section 32.41(e), Penal
Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.17 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 16, eff. Sept. 1, 1999. Subsec. (g) added by Acts
2005, 79th Leg., ch. 644, Sec. 2, eff. Sept. 1, 2005.
Article: 45.012 45.013 45.014 45.015 45.016 45.017 45.018 45.019 45.020 45.021 45.0215 45.0216 45.022 45.023 45.024
Last modified: August 11, 2007
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