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- Texas Code of Criminal Procedure Article 1.01 - Short Title
This Act shall be known, and may be cited, as the "Code of Criminal Procedure". Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ...
- Texas Code of Criminal Procedure Article 1.02 - Effective Date
This Code shall take effect and be in force on and after January 1, 1966. The procedure herein prescribed shall govern all criminal proceedings instituted ...
- Texas Code of Criminal Procedure Article 1.03 - Objects Of This Code
This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the ...
- Texas Code of Criminal Procedure Article 1.04 - Due Course Of Law
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course ...
- Texas Code of Criminal Procedure Article 1.05 - Rights Of Accused
In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature ...
- Texas Code of Criminal Procedure Article 1.051 - Right To Representation By Counsel
(a) A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding. The right to be represented by ...
- Texas Code of Criminal Procedure Article 1.052 - Signed Pleadings Of Defendant
(a) A pleading, motion, and other paper filed for or on behalf of a defendant represented by an attorney must be signed by at least ...
- Texas Code of Criminal Procedure Article 1.06 - Searches And Seizures
The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches. No warrant to search any place or ...
- Texas Code of Criminal Procedure Article 1.07 - Right To Bail
All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail ...
- Texas Code of Criminal Procedure Article 1.08 - Habeas Corpus
The writ of habeas corpus is a writ of right and shall never be suspended. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ...
- Texas Code of Criminal Procedure Article 1.09 - Cruelty Forbidden
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. Acts 1965, 59th Leg., vol. 2, p. 317, ch. ...
- Texas Code of Criminal Procedure Article 1.10 - Jeopardy
No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial ...
- Texas Code of Criminal Procedure Article 1.11 - Acquittal A Bar
An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have ...
- Texas Code of Criminal Procedure Article 1.12 - Right To Jury
The right of trial by jury shall remain inviolate. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 1.13 - Waiver Of Trial By Jury
(a) The defendant in a criminal prosecution for any offense other than a capital felony case in which the State notifies the court and the ...
- Texas Code of Criminal Procedure Article 1.14 - Waiver Of Rights
(a) The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital ...
- Texas Code of Criminal Procedure Article 1.141 - Waiver Of Indictment For Noncapital Felony
A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any ...
- Texas Code of Criminal Procedure Article 1.15 - Jury In Felony
No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering a ...
- Texas Code of Criminal Procedure Article 1.16 - Liberty Of Speech And Press
Every person shall be at liberty to speak, write or publish his opinion on any subject, being liable for the abuse of that privilege; and ...
- Texas Code of Criminal Procedure Article 1.17 - Religious Belief
No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of ...
- Texas Code of Criminal Procedure Article 1.18 - Outlawry And Transportation
No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 1.19 - Corruption Of Blood, Etc
No conviction shall work corruption of blood or forfeiture of estate. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 1.20 - Conviction Of Treason
No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court. ...
- Texas Code of Criminal Procedure Article 1.21 - Privilege Of Legislators
Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, ...
- Texas Code of Criminal Procedure Article 1.23 - Dignity Of State
All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, ...
- Texas Code of Criminal Procedure Article 1.24 - Public Trial
The proceedings and trials in all courts shall be public. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 1.25 - Confronted By Witnesses
The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where depositions have been taken. ...
- Texas Code of Criminal Procedure Article 1.26 - Construction Of This Code
The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature: The prevention, suppression and punishment of ...
- Texas Code of Criminal Procedure Article 1.27 - Common Law Governs
If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law ...
- Texas Code of Criminal Procedure Article 2.01 - Duties Of District Attorneys
Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases ...
- Texas Code of Criminal Procedure Article 2.02 - Duties Of County Attorneys
The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all ...
- Texas Code of Criminal Procedure Article 2.025 - Special Duty Of District Or County Attorney Relating To Child Support
If a district or county attorney receives money from a person who is required by a court order to pay child support through a local ...
- Texas Code of Criminal Procedure Article 2.03 - Neglect Of Duty
(a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect ...
- Texas Code of Criminal Procedure Article 2.04 - Shall Draw Complaints
Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the ...
- Texas Code of Criminal Procedure Article 2.05 - When Complaint Is Made
If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having ...
- Texas Code of Criminal Procedure Article 2.06 - May Administer Oaths
For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. Acts 1965, 59th Leg., vol. 2, p. ...
- Texas Code of Criminal Procedure Article 2.07 - Attorney Pro Tem
(a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is ...
- Texas Code of Criminal Procedure Article 2.08 - Disqualified
District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease ...
- Texas Code of Criminal Procedure Article 2.09 - Who Are Magistrates
Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court ...
- Texas Code of Criminal Procedure Article 2.10 - Duty Of Magistrates
It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process ...
- Texas Code of Criminal Procedure Article 2.11 - Examining Court
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 2.12 - Who Are Peace Officers
The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations ...
- Texas Code of Criminal Procedure Article 2.121 - Railroad Peace Officers
(a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to ...
- Texas Code of Criminal Procedure Article 2.122 - Special Investigators
(a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search and ...
- Texas Code of Criminal Procedure Article 2.123 - Adjunct Police Officers
(a) Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the ...
- Texas Code of Criminal Procedure Article 2.124 - Peace Officers From Adjoining States
(a) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has ...
- Texas Code of Criminal Procedure Article 2.125 - Special Rangers Of Texas And Southwestern Cattle Raisers Association
(a) The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle ...
- Texas Code of Criminal Procedure Article 2.13 - Duties And Powers
(a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use ...
- Texas Code of Criminal Procedure Article 2.131 - Racial Profiling Prohibited
A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. ...
- Texas Code of Criminal Procedure Article 2.132 - Law Enforcement Policy On Racial Profiling
(a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the ...
- Texas Code of Criminal Procedure Article 2.133 - Reports Required For Traffic And Pedestrian Stops
(a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer ...
- Texas Code of Criminal Procedure Article 2.134 - Compilation And Analysis Of Information Collected
(a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a ...
- Texas Code of Criminal Procedure Article 2.135 - Exemption For Agencies Using Video And Audio Equipment
(a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and ...
- Texas Code of Criminal Procedure Article 2.136 - Liability
A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 ...
- Texas Code of Criminal Procedure Article 2.137 - Provision Of Funding Or Equipment
(a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of ...
- Texas Code of Criminal Procedure Article 2.138 - Rules
The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, ...
- Texas Code of Criminal Procedure Article 2.14 - May Summon Aid
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of ...
- Texas Code of Criminal Procedure Article 2.15 - Person Refusing To Aid
The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to ...
- Texas Code of Criminal Procedure Article 2.16 - Neglecting To Execute Process
If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any ...
- Texas Code of Criminal Procedure Article 2.17 - Conservator Of The Peace
Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his ...
- Texas Code of Criminal Procedure Article 2.18 - Custody Of Prisoners
When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. It is ...
- Texas Code of Criminal Procedure Article 2.19 - Report As To Prisoners
On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as ...
- Texas Code of Criminal Procedure Article 2.20 - Deputy
Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no ...
- Texas Code of Criminal Procedure Article 2.21 - Duty Of Clerks
(a) In a criminal proceeding, a clerk of the district or county court shall: (1) receive and file all papers; (2) receive all exhibits at ...
- Texas Code of Criminal Procedure Article 2.211 - Hate Crime Reporting
In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 ...
- Texas Code of Criminal Procedure Article 2.22 - Power Of Deputy Clerks
Whenever a duty is imposed upon the clerk of the district or county court, the same may be lawfully performed by his deputy. Acts 1965, ...
- Texas Code of Criminal Procedure Article 2.23 - Report To Attorney General
(a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later ...
- Texas Code of Criminal Procedure Article 2.24 - Authenticating Officer
(a) The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign ...
- Texas Code of Criminal Procedure Article 2.25 - Reporting Certain Aliens To Federal Government
A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime ...
- Texas Code of Criminal Procedure Article 2.26 - Digital Signature And Electronic Documents
(a) In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the ...
- Texas Code of Criminal Procedure Article 2.27 - Investigation Of Certain Reports Alleging Abuse
(a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Protective and Regulatory Services ...
- Texas Code of Criminal Procedure Article 2.28 - Duties Regarding Misused Identity
On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, ...
- Texas Code of Criminal Procedure Article 2.29 - Report Required In Connection With Fraudulent Use Or Possession Of Identifying Information
(a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement ...
- Texas Code of Criminal Procedure Article 3.01 - Words And Phrases
All words, phrases and terms used in this Code are to be taken and understood in their usual acceptation in common language, except where specially ...
- Texas Code of Criminal Procedure Article 3.02 - Criminal Action
A criminal action is prosecuted in the name of the State of Texas against the accused, and is conducted by some person acting under the ...
- Texas Code of Criminal Procedure Article 3.03 - Officers
The general term "officers" includes both magistrates and peace officers. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 3.04 - Official Misconduct
In this code: (1) "Official misconduct" means an offense that is an intentional or knowing violation of a law committed by a public servant while ...
- Texas Code of Criminal Procedure Article 3.05 - Racial Profiling
In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior ...
- Texas Code of Criminal Procedure Article 4.01 - What Courts Have Criminal Jurisdiction
The following courts have jurisdiction in criminal actions: 1. The Court of Criminal Appeals; 2. Courts of appeals; 3. The district courts; 4. The criminal ...
- Texas Code of Criminal Procedure Article 4.02 - Existing Courts Continued
No existing courts shall be abolished by this Code and shall continue with the jurisdiction, organization, terms and powers currently existing unless otherwise provided by ...
- Texas Code of Criminal Procedure Article 4.03 - Courts Of Appeals
The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the ...
- Texas Code of Criminal Procedure Article 4.04 - Court Of Criminal Appeals
Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue ...
- Texas Code of Criminal Procedure Article 4.05 - Jurisdiction Of District Courts
District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and ...
- Texas Code of Criminal Procedure Article 4.06 - When Felony Includes Misdemeanor
Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, ...
- Texas Code of Criminal Procedure Article 4.07 - Jurisdiction Of County Courts
The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the ...
- Texas Code of Criminal Procedure Article 4.08 - Appellate Jurisdiction Of County Courts
The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 4.09 - Appeals From Inferior Court
If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from ...
- Texas Code of Criminal Procedure Article 4.10 - To Forfeit Bail Bonds
County courts and county courts at law shall have jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in ...
- Texas Code of Criminal Procedure Article 4.11 - Jurisdiction Of Justice Courts
(a) Justices of the peace shall have original jurisdiction in criminal cases: (1) punishable by fine only or punishable by: (A) a fine; and (B) ...
- Texas Code of Criminal Procedure Article 4.12 - Misdemeanor Cases; Precinct In Which Defendant To Be Tried In Justice Court
(a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried: (1) in the precinct in ...
- Texas Code of Criminal Procedure Article 4.13 - Justice May Forfeit Bond
A justice of the peace shall have the power to take forfeitures of all bonds given for the appearance of any party at his court, ...
- Texas Code of Criminal Procedure Article 4.14 - Jurisdiction Of Municipal Court
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal ...
- Texas Code of Criminal Procedure Article 4.15 - May Sit At Any Time
Justice courts and corporation courts may sit at any time to try criminal cases over which they have jurisdiction. Any case in which a fine ...
- Texas Code of Criminal Procedure Article 4.16 - Concurrent Jurisdiction
When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or a complaint shall first be filed ...
- Texas Code of Criminal Procedure Article 4.17 - Transfer Of Certain Misdemeanors
On a plea of not guilty to a misdemeanor offense punishable by confinement in jail, entered in a county court of a judge who is ...
- Texas Code of Criminal Procedure Article 4.18 - Claim Of Underage
(a) A claim that a district court or criminal district court does not have jurisdiction over a person because jurisdiction is exclusively in the juvenile ...
- Texas Code of Criminal Procedure Article 5.01 - Legislative Statement
(a) Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from ...
- Texas Code of Criminal Procedure Article 5.02 - Definitions
In this chapter, "family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. Added by Acts 1985, ...
- Texas Code of Criminal Procedure Article 5.03 - Family Or Household Relationship Does Not Create An Exception To Official Duties
A general duty prescribed for an officer by Chapter 2 of this code is not waived or excepted in any family violence case or investigation ...
- Texas Code of Criminal Procedure Article 5.04 - Duties Of Peace Officers
(a) The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family ...
- Texas Code of Criminal Procedure Article 5.045 - Standby Assistance; Liability
(a) In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the ...
- Texas Code of Criminal Procedure Article 5.05 - Reports And Records
(a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a ...
- Texas Code of Criminal Procedure Article 5.06 - Duties Of Prosecuting Attorneys And Courts
(a) Neither a prosecuting attorney nor a court may: (1) dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes ...
- Texas Code of Criminal Procedure Article 5.07 - Venue For Protective Order Offenses
The venue for an offense under Section 25.07, Penal Code, is in the county in which the order was issued or, without regard to the ...
- Texas Code of Criminal Procedure Article 5.08 - Mediation In Family Violence Cases
Notwithstanding Article 26.13(g) or Section 11(a)(16), Article 42.12, of this code, in a criminal prosecution arising from family violence, as that term is defined by ...
- Texas Code of Criminal Procedure Article 6.01 - When Magistrate Hears Threat
It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to ...
- Texas Code of Criminal Procedure Article 6.02 - Threat To Take Life
If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the ...
- Texas Code of Criminal Procedure Article 6.03 - On Attempt To Injure
Whenever, in the presence or within the observation of a magistrate, an attempt is made by one person to inflict an injury upon himself or ...
- Texas Code of Criminal Procedure Article 6.04 - May Compel Offender To Give Security
When the person making such threat is brought before a magistrate, he may compel him to give security to keep the peace, or commit him ...
- Texas Code of Criminal Procedure Article 6.05 - Duty Of Peace Officer As To Threats
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one ...
- Texas Code of Criminal Procedure Article 6.06 - Peace Officer To Prevent Injury
Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property ...
- Texas Code of Criminal Procedure Article 6.07 - Conduct Of Peace Officer
The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the ...
- Texas Code of Criminal Procedure Article 6.08 - Protective Order Prohibiting Offense Caused By Bias Or Prejudice
(a) At any proceeding in which the defendant appears in constitutional county court, statutory county court, or district court that is related to an offense ...
- Texas Code of Criminal Procedure Article 7.01 - Shall Issue Warrant
Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant, or of ...
- Texas Code of Criminal Procedure Article 7.02 - Appearance Bond Pending Peace Bond Hearing
In proceedings under this Chapter, the accused shall have the right to make an appearance bond; such bond shall be conditioned as appearance bonds in ...
- Texas Code of Criminal Procedure Article 7.03 - Accused Brought Before Magistrate
When the accused has been brought before the magistrate, he shall hear proof as to the accusation, and if he be satisfied that there is ...
- Texas Code of Criminal Procedure Article 7.04 - Form Of Peace Bond
Such bond shall be sufficient if it be payable to the State of Texas, conditioned as required in said order of the magistrate, be for ...
- Texas Code of Criminal Procedure Article 7.05 - Oath Of Surety; Bond Filed
The officer taking such bond shall require the sureties of the accused to make oath as to the value of their property as pointed out ...
- Texas Code of Criminal Procedure Article 7.06 - Amount Of Bail
The magistrate, in fixing the amount of such bonds, shall be governed by the pecuniary circumstances of the accused and the nature of the offense ...
- Texas Code of Criminal Procedure Article 7.07 - Surety May Exonerate Himself
A surety upon any such bond may, at any time before a breach thereof, exonerate himself from the obligations of the same by delivering to ...
- Texas Code of Criminal Procedure Article 7.08 - Failure To Give Bond
If the defendant fail to give bond, he shall be committed to jail for one year from the date of the first order requiring such ...
- Texas Code of Criminal Procedure Article 7.09 - Discharge Of Defendant
A defendant committed for failing to give bond shall be discharged by the officer having him in custody, upon giving the required bond, or at ...
- Texas Code of Criminal Procedure Article 7.10 - May Discharge Defendant
If the magistrate believes from the evidence that there is no good reason to apprehend that the offense was intended or will be committed, or ...
- Texas Code of Criminal Procedure Article 7.13 - When The Defendant Has Committed A Crime
If it appears from the evidence before the magistrate that the defendant has committed a criminal offense, the same proceedings shall be had as in ...
- Texas Code of Criminal Procedure Article 7.14 - Costs
If the accused is found subject to the charge and required to give bond, the costs of the proceedings shall be adjudged against him. Acts ...
- Texas Code of Criminal Procedure Article 7.15 - May Order Protection
When, from the nature of the case and the proof offered to the magistrate, it may appear necessary and proper, he shall have a right ...
- Texas Code of Criminal Procedure Article 7.16 - Suit On Bond
A suit to forfeit any bond taken under the provisions of this Chapter shall be brought in the name of the State by the district ...
- Texas Code of Criminal Procedure Article 7.17 - Limitation And Procedure
Suits upon such bonds shall be commenced within two years from the breach of the same, and not thereafter, and shall be governed by the ...
- Texas Code of Criminal Procedure Article 7.18 - Contempt
Violation of a condition of bond imposed under this chapter is punishable by: (1) forfeiture of the bond; (2) imposition of the fine and confinement ...
- Texas Code of Criminal Procedure Article 8.01 - Officer May Require Aid
When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing ...
- Texas Code of Criminal Procedure Article 8.02 - Military Aid In Executing Process
If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable ...
- Texas Code of Criminal Procedure Article 8.03 - Military Aid In Suppressing Riots
Whenever, for the purpose of suppressing riots or unlawful assemblies, the aid of military or militia companies is called, they shall obey the orders of ...
- Texas Code of Criminal Procedure Article 8.04 - Dispersing Riot
Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, ...
- Texas Code of Criminal Procedure Article 8.05 - Officer May Call Aid
In order to enable the officer to disperse a riot, he may call to his aid the power of the county in the same manner ...
- Texas Code of Criminal Procedure Article 8.06 - Means Adopted To Suppress
The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress ...
- Texas Code of Criminal Procedure Article 8.07 - Unlawful Assembly
The Articles of this Chapter relating to the suppression of riots apply equally to an unlawful assembly and other unlawful disturbances, as defined by the ...
- Texas Code of Criminal Procedure Article 8.08 - Suppression At Election
To suppress riots, unlawful assemblies and other disturbances at elections, any magistrate may appoint a sufficient number of special constables. Such appointments shall be made ...
- Texas Code of Criminal Procedure Article 8.09 - Power Of Special Constable
Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers. ...
- Texas Code of Criminal Procedure Article 9.01 - Trade Injurious To Health
After an indictment or information has been presented against any person for carrying on a trade, business or occupation injurious to the health of those ...
- Texas Code of Criminal Procedure Article 9.02 - Refusal To Give Bond
If the party refuses to give bond when required under the provisions of the preceding Article, the court may either commit him to jail, or ...
- Texas Code of Criminal Procedure Article 9.03 - Requisites Of Bond
Such bond shall be payable to the State of Texas, in a reasonable amount to be fixed by the court, conditioned that the defendant will ...
- Texas Code of Criminal Procedure Article 9.04 - Suit Upon Bond
Any such bond, upon the breach thereof, may be sued upon by the district or county attorney, in the name of the State of Texas, ...
- Texas Code of Criminal Procedure Article 9.05 - Proof
It shall be sufficient proof of the breach of any such bond to show that the party continued after executing the same, to carry on ...
- Texas Code of Criminal Procedure Article 9.06 - Unwholesome Food
After conviction for selling unwholesome food or adulterated medicine, the court shall enter and issue an order to the sheriff or other proper officer to ...
- Texas Code of Criminal Procedure Article 10.01 - Order To Remove
After prosecution begun against any person for obstructing any highway, any one, in behalf of the public, may apply to the county judge of the ...
- Texas Code of Criminal Procedure Article 10.02 - Bond Of Applicant
If the defendant be acquitted after a trial upon the merits of the case, he may maintain a civil action against the applicant and his ...
- Texas Code of Criminal Procedure Article 10.03 - Removal
Upon the conviction of a defendant for obstructing a public highway, if such obstruction still exists, the court shall order the sheriff or other proper ...
- Texas Code of Criminal Procedure Article 11.01 - What Writ Is
The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by ...
- Texas Code of Criminal Procedure Article 11.02 - To Whom Directed
The writ runs in the name of "The State of Texas". It is addressed to a person having another under restraint, or in his custody, ...
- Texas Code of Criminal Procedure Article 11.03 - Want Of Form
The writ of habeas corpus is not invalid, nor shall it be disobeyed for any want of form, if it substantially appear that it is ...
- Texas Code of Criminal Procedure Article 11.04 - Construction
Every provision relating to the writ of habeas corpus shall be most favorably construed in order to give effect to the remedy, and protect the ...
- Texas Code of Criminal Procedure Article 11.05 - By Whom Writ May Be Granted
The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas ...
- Texas Code of Criminal Procedure Article 11.051 - Filing Fee Prohibited
Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application or petition for ...
- Texas Code of Criminal Procedure Article 11.06 - Returnable To Any County
Before indictment found, the writ may be made returnable to any county in the State. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ...
- Texas Code of Criminal Procedure Article 11.07 - Procedure After Conviction Without Death Penalty
Sec. 1. This article establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief from a felony judgment ...
- Texas Code of Criminal Procedure Article 11.071 - Procedure In Death Penalty Case
Application to Death Penalty Case Sec. 1. Notwithstanding any other provision of this chapter, this article establishes the procedures for an application for a ...
- Texas Code of Criminal Procedure Article 11.072 - Procedure In Community Supervision Case
Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the ...
- Texas Code of Criminal Procedure Article 11.08 - Applicant Charged With Felony
If a person is confined after indictment on a charge of felony, he may apply to the judge of the court in which he is ...
- Texas Code of Criminal Procedure Article 11.09 - Applicant Charged With Misdemeanor
If a person is confined on a charge of misdemeanor, he may apply to the county judge of the county in which the misdemeanor is ...
- Texas Code of Criminal Procedure Article 11.10 - Proceedings Under The Writ
When motion has been made to a judge under the circumstances set forth in the two preceding Articles, he shall appoint a time when he ...
- Texas Code of Criminal Procedure Article 11.11 - Early Hearing
The time so appointed shall be the earliest day which the judge can devote to hearing the cause of the applicant. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 11.12 - Who May Present Petition
Either the party for whose relief the writ is intended, or any person for him, may present a petition to the proper authority for the ...
- Texas Code of Criminal Procedure Article 11.13 - Applicant
The word applicant, as used in this Chapter, refers to the person for whose relief the writ is asked, though the petition may be signed ...
- Texas Code of Criminal Procedure Article 11.14 - Requisites Of Petition
The petition must state substantially: 1. That the person for whose benefit the application is made is illegally restrained in his liberty, and by whom, ...
- Texas Code of Criminal Procedure Article 11.15 - Writ Granted Without Delay
The writ of habeas corpus shall be granted without delay by the judge or court receiving the petition, unless it be manifest from the petition ...
- Texas Code of Criminal Procedure Article 11.16 - Writ May Issue Without Motion
A judge of the district or county court who has knowledge that any person is illegally confined or restrained in his liberty within his district ...
- Texas Code of Criminal Procedure Article 11.17 - Judge May Issue Warrant Of Arrest
Whenever it appears by satisfactory evidence to any judge authorized to issue such writ that any one is held in illegal confinement or custody, and ...
- Texas Code of Criminal Procedure Article 11.18 - May Arrest Detainer
Where it appears by the proof offered, under circumstances mentioned in the preceding Article, that the person charged with having illegal custody of the prisoner ...
- Texas Code of Criminal Procedure Article 11.19 - Proceedings Under The Warrant
The officer charged with the execution of the warrant shall bring the persons therein mentioned before the judge or court issuing the same, who shall ...
- Texas Code of Criminal Procedure Article 11.20 - Officer Executing Warrant
The same power may be exercised by the officer executing the warrant in cases arising under the foregoing Articles as is exercised in the execution ...
- Texas Code of Criminal Procedure Article 11.21 - Constructive Custody
The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any ...
- Texas Code of Criminal Procedure Article 11.22 - Restraint
By "restraint" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him ...
- Texas Code of Criminal Procedure Article 11.23 - Scope Of Writ
The writ of habeas corpus is intended to be applicable to all such cases of confinement and restraint, where there is no lawful right in ...
- Texas Code of Criminal Procedure Article 11.24 - One Committed In Default Of Bail
Where a person has been committed to custody for failing to enter into bond, he is entitled to the writ of habeas corpus, if it ...
- Texas Code of Criminal Procedure Article 11.25 - Person Afflicted With Disease
When a judge or court authorized to grant writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody is afflicted ...
- Texas Code of Criminal Procedure Article 11.26 - Who May Serve Writ
The service of the writ may be made by any person competent to testify. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. ...
- Texas Code of Criminal Procedure Article 11.27 - How Writ May Be Served And Returned
The writ may be served by delivering a copy of the original to the person who is charged with having the party under restraint or ...
- Texas Code of Criminal Procedure Article 11.28 - Return Under Oath
The return of a writ of habeas corpus, under the provisions of the preceding Article, if made by any person other than an officer, shall ...
- Texas Code of Criminal Procedure Article 11.29 - Must Make Return
The person on whom the writ of habeas corpus is served shall immediately obey the same, and make the return required by law upon the ...
- Texas Code of Criminal Procedure Article 11.30 - How Return Is Made
The return is made by stating in plain language upon the copy of the writ or some paper connected with it: 1. Whether it is ...
- Texas Code of Criminal Procedure Article 11.31 - Applicant Brought Before Judge
The person on whom the writ is served shall bring before the judge the person in his custody, or under his restraint, unless it be ...
- Texas Code of Criminal Procedure Article 11.32 - Custody Pending Examination
When the return of the writ has been made, and the applicant brought before the court, he is no longer detained on the original warrant ...
- Texas Code of Criminal Procedure Article 11.33 - Court Shall Allow Time
The court or judge granting the writ of habeas corpus shall allow reasonable time for the production of the person detained in custody. Acts 1965, ...
- Texas Code of Criminal Procedure Article 11.34 - Disobeying Writ
When service has been made upon a person charged with the illegal custody of another, if he refuses to obey the writ and make the ...
- Texas Code of Criminal Procedure Article 11.35 - Further Penalty For Disobeying Writ
Any person disobeying the writ of habeas corpus shall also be liable to a civil action at the suit of the party detained, and shall ...
- Texas Code of Criminal Procedure Article 11.36 - Applicant May Be Brought Before Court
In case of disobedience of the writ of habeas corpus, the person for whose relief it is intended may also be brought before the court ...
- Texas Code of Criminal Procedure Article 11.37 - Death, Etc., Sufficient Return Of Writ
It is a sufficient return of the writ of habeas corpus that the person, once detained, has died or escaped, or that by some superior ...
- Texas Code of Criminal Procedure Article 11.38 - When A Prisoner Dies
When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of him shall forthwith report the same ...
- Texas Code of Criminal Procedure Article 11.39 - Who Shall Represent The State
If neither the county nor the district attorney be present, the judge may appoint some qualified practicing attorney to represent the State, who shall be ...
- Texas Code of Criminal Procedure Article 11.40 - Prisoner Discharged
The judge or court before whom a person is brought by writ of habeas corpus shall examine the writ and the papers attached to it; ...
- Texas Code of Criminal Procedure Article 11.41 - Where Party Is Indicted For Capital Offense
If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of ...
- Texas Code of Criminal Procedure Article 11.42 - If Court Has No Jurisdiction
If it appear by the return and papers attached that the judge or court has no jurisdiction, such court or judge shall at once remand ...
- Texas Code of Criminal Procedure Article 11.43 - Presumption Of Innocence
No presumption of guilt arises from the mere fact that a criminal accusation has been made before a competent authority. Acts 1965, 59th Leg., vol. ...
- Texas Code of Criminal Procedure Article 11.44 - Action Of Court Upon Examination
The judge or court, after having examined the return and all documents attached, and heard the testimony offered on both sides, shall, according to the ...
- Texas Code of Criminal Procedure Article 11.45 - Void Or Informal
If it appears that the applicant is detained or held under a warrant of commitment which is informal, or void; yet, if from the document ...
- Texas Code of Criminal Procedure Article 11.46 - If Proof Shows Offense
Where, upon an examination under habeas corpus, it appears to the court or judge that there is probable cause to believe that an offense has ...
- Texas Code of Criminal Procedure Article 11.47 - May Summon Magistrate
To ascertain the grounds on which an informal or void warrant has been issued, the judge or court may cause to be summoned the magistrate ...
- Texas Code of Criminal Procedure Article 11.48 - Written Issue Not Necessary
It shall not be necessary, on the trial of any cause arising under habeas corpus, to make up a written issue, though it may be ...
- Texas Code of Criminal Procedure Article 11.49 - Order Of Argument
The applicant shall have the right by himself or counsel to open and conclude the argument upon the trial under habeas corpus. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 11.50 - Costs
The judge trying the cause under habeas corpus may make such order as is deemed right concerning the cost of bringing the defendant before him, ...
- Texas Code of Criminal Procedure Article 11.51 - Record Of Proceedings
If a writ of habeas corpus be made returnable before a court in session, all the proceedings had shall be entered of record by the ...
- Texas Code of Criminal Procedure Article 11.52 - Proceedings Had In Vacation
If the return is made and the proceedings had before a judge of a court in vacation, he shall cause all of the proceedings to ...
- Texas Code of Criminal Procedure Article 11.53 - Construing The Two Preceding Articles
The two preceding Articles refer only to cases where an applicant is held under accusation for some offense; in all other cases the proceedings had ...
- Texas Code of Criminal Procedure Article 11.54 - Court May Grant Necessary Orders
The court or judge granting a writ of habeas corpus may grant all necessary orders to bring before him the testimony taken before the examining ...
- Texas Code of Criminal Procedure Article 11.55 - Meaning Of "Return"
The word "return", as used in this Chapter, means the report made by the officer or person charged with serving the writ of habeas corpus, ...
- Texas Code of Criminal Procedure Article 11.56 - Effect Of Discharge Before Indictment
Where a person, before indictment found against him, has been discharged or held to bail on habeas corpus by order of a court or judge ...
- Texas Code of Criminal Procedure Article 11.57 - Writ After Indictment
Where a person once discharged or admitted to bail is afterward indicted for the same offense for which he has been once arrested, he may ...
- Texas Code of Criminal Procedure Article 11.58 - Person Committed For A Capital Offense
If the accusation against the defendant for a capital offense has been heard on habeas corpus before indictment found, and he shall have been committed ...
- Texas Code of Criminal Procedure Article 11.59 - Obtaining Writ A Second Time
A party may obtain the writ of habeas corpus a second time by stating in a motion therefor that since the hearing of his first ...
- Texas Code of Criminal Procedure Article 11.60 - Refusing To Execute Writ
Any officer to whom a writ of habeas corpus, or other writ, warrant or process authorized by this Chapter shall be directed, delivered or tendered, ...
- Texas Code of Criminal Procedure Article 11.61 - Refusal To Obey Writ
Any one having another in his custody, or under his power, control or restraint who refuses to obey a writ of habeas corpus, or who ...
- Texas Code of Criminal Procedure Article 11.62 - Refusal To Give Copy Of Process
Any jailer, sheriff or other officer who has a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under ...
- Texas Code of Criminal Procedure Article 11.63 - Held Under Federal Authority
No person shall be discharged under the writ of habeas corpus who is in custody by virtue of a commitment for any offense exclusively cognizable ...
- Texas Code of Criminal Procedure Article 11.64 - Application Of Chapter
This Chapter applies to all cases of habeas corpus for the enlargement of persons illegally held in custody or in any manner restrained in their ...
- Texas Code of Criminal Procedure Article 11.65 - Bond For Certain Applicants
(a) This article applies to an applicant for a writ of habeas corpus seeking relief from the judgment in a criminal case, other than an ...
- Texas Code of Criminal Procedure Article 12.01 - Felonies
Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: (1) no limitation: (A) murder and manslaughter; (B) ...
- Texas Code of Criminal Procedure Article 12.02 - Misdemeanors
An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. ...
- Texas Code of Criminal Procedure Article 12.03 - Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity
(a) The limitation period for criminal attempt is the same as that of the offense attempted. (b) The limitation period for criminal conspiracy or organized ...
- Texas Code of Criminal Procedure Article 12.04 - Computation
The day on which the offense was committed and the day on which the indictment or information is presented shall be excluded from the computation ...
- Texas Code of Criminal Procedure Article 12.05 - Absence From State And Time Of Pendency Of Indictment, Etc., Not Computed
(a) The time during which the accused is absent from the state shall not be computed in the period of limitation. (b) The time during ...
- Texas Code of Criminal Procedure Article 12.06 - An Indictment Is "Presented," When
An indictment is considered as "presented" when it has been duly acted upon by the grand jury and received by the court. Amended by Acts ...
- Texas Code of Criminal Procedure Article 12.07 - An Information Is "Presented," When
An information is considered as "presented," when it has been filed by the proper officer in the proper court. Amended by Acts 1973, 63rd Leg., ...
- Texas Code of Criminal Procedure Article 13.01 - Offenses Committed Outside This State
Offenses committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in any ...
- Texas Code of Criminal Procedure Article 13.02 - Forgery
Forgery may be prosecuted in any county where the writing was forged, or where the same was used or passed, or attempted to be used ...
- Texas Code of Criminal Procedure Article 13.03 - Perjury
Perjury and aggravated perjury may be prosecuted in the county where committed, or in the county where the false statement is used or attempted to ...
- Texas Code of Criminal Procedure Article 13.04 - On The Boundaries Of Counties
An offense committed on the boundaries of two or more counties, or within four hundred yards thereof, may be prosecuted and punished in any one ...
- Texas Code of Criminal Procedure Article 13.05 - Criminal Homicide Committed Outside This State
The offense of criminal homicide committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may ...
- Texas Code of Criminal Procedure Article 13.06 - Committed On A Boundary Stream
If an offense be committed upon any river or stream, the boundary of this State, it may be prosecuted in the county the boundary of ...
- Texas Code of Criminal Procedure Article 13.07 - Injured In One County And Dying In Another
If a person receives an injury in one county and dies in another by reason of such injury, the offender may be prosecuted in the ...
- Texas Code of Criminal Procedure Article 13.08 - Theft
Where property is stolen in one county and removed by the offender to another county, the offender may be prosecuted either in the county where ...
- Texas Code of Criminal Procedure Article 13.09 - Hindering Secured Creditors
If secured property is taken from one county and unlawfully disposed of in another county or state, the offender may be prosecuted either in the ...
- Texas Code of Criminal Procedure Article 13.10 - Persons Acting Under Authority Of This State
An offense committed outside this State by any officer acting under the authority of this State, under circumstances that give this state jurisdiction to prosecute ...
- Texas Code of Criminal Procedure Article 13.11 - On Vessels
An offense committed on board a vessel which is at the time upon any navigable water within the boundaries of this State, may be prosecuted ...
- Texas Code of Criminal Procedure Article 13.12 - False Imprisonment And Kidnapping
Venue for false imprisonment and kidnapping is in either the county in which the offense was committed, or in any county through, into or out ...
- Texas Code of Criminal Procedure Article 13.13 - Conspiracy
Criminal conspiracy may be prosecuted in the county where the conspiracy was entered into, in the county where the conspiracy was agreed to be executed, ...
- Texas Code of Criminal Procedure Article 13.14 - Bigamy
Bigamy may be prosecuted: (1) in the county where the bigamous marriage occurred; (2) in any county in this State in which the parties to ...
- Texas Code of Criminal Procedure Article 13.15 - Sexual Assault
Sexual assault may be prosecuted in the county in which it is committed, in the county in which the victim is abducted, or in any ...
- Texas Code of Criminal Procedure Article 13.16 - Criminal Nonsupport
Criminal nonsupport may be prosecuted in the county where the offended spouse or child is residing at the time the information or indictment is presented. ...
- Texas Code of Criminal Procedure Article 13.17 - Proof Of Venue
In all cases mentioned in this Chapter, the indictment or information, or any pleading in the case, may allege that the offense was committed in ...
- Texas Code of Criminal Procedure Article 13.18 - Other Offenses
If venue is not specifically stated, the proper county for the prosecution of offenses is that in which the offense was committed. Amended by Acts ...
- Texas Code of Criminal Procedure Article 13.19 - Where Venue Cannot Be Determined
If an offense has been committed within the state and it cannot readily be determined within which county or counties the commission took place, trial ...
- Texas Code of Criminal Procedure Article 13.20 - Venue By Consent
The trial of all felony cases, without a jury, may, with the consent of the defendant in writing, his attorney, and the attorney for the ...
- Texas Code of Criminal Procedure Article 13.21 - Organized Criminal Activity
The offense of engaging in organized criminal activity may be prosecuted in any county in which any act is committed to effect an objective of ...
- Texas Code of Criminal Procedure Article 13.22 - Possession And Delivery Of Marihuana
An offense of possession or delivery of marihuana may be prosecuted in the county where the offense was committed or with the consent of the ...
- Texas Code of Criminal Procedure Article 13.23 - Unauthorized Use Of A Vehicle
An offense of unauthorized use of a vehicle may be prosecuted in any county where the unauthorized use of the vehicle occurred or in the ...
- Texas Code of Criminal Procedure Article 13.24 - Illegal Recruitment Of Athletes
An offense of illegal recruitment of an athlete may be prosecuted in any county in which the offense was committed or in the county in ...
- Texas Code of Criminal Procedure Article 13.25 - Computer Crimes
(a) In this section "access," "computer," "computer network," "computer program," "computer system," and "owner" have the meanings assigned to those terms by Section 33.01, Penal ...
- Texas Code of Criminal Procedure Article 13.26 - Telecommunications Crimes
An offense under Chapter 33A, Penal Code, may be prosecuted in the county in which the telecommunications service originated or terminated or in the county ...
- Texas Code of Criminal Procedure Article 13.27 - Simulating Legal Process
An offense under Section 32.46, 32.48, 32.49, or 37.13, Penal Code, may be prosecuted either in the county from which any material document was sent ...
- Texas Code of Criminal Procedure Article 13.28 - Escape; Unauthorized Absence
An offense of escape under Section 38.06, Penal Code, or unauthorized absence under Section 38.113, Penal Code, may be prosecuted in: (1) the county in ...
- Texas Code of Criminal Procedure Article 13.29 - Fraudulent Use Or Possession Of Identifying Information
An offense under Section 32.51, Penal Code, may be prosecuted in any county in which the offense was committed or in the county of residence ...
- Texas Code of Criminal Procedure Article 13.30 - Failure To Comply With Sex Offender Registration Statute
Text of section as added by Acts 2005, 79th Leg., ch. 1008, Sec. 1.02 An offense under Chapter 62 may be prosecuted in: (1) ...
- Texas Code of Criminal Procedure Article 13.30 - Fraudulent, Substandard, Or Fictitious Degree
Text of section as added by Acts 2005, 79th Leg., ch. 1039, Sec. 9 An offense under Section 32.52, Penal Code, may be prosecuted ...
- Texas Code of Criminal Procedure -
Art. 13.30, ante. For text of section as added by Acts 2005, 79th Leg., ch. 1275, Sec. 1, see ...
- Texas Code of Criminal Procedure -
Art. 13.30, post. ...
- Texas Code of Criminal Procedure Article 13.30 - Misapplication Of Certain Property
Text of section as added by Acts 2005, 79th Leg., ch. 1275, Sec. 1 (a) An offender who misapplies property held as a fiduciary ...
- Texas Code of Criminal Procedure Article 14.01 - Offense Within View
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within ...
- Texas Code of Criminal Procedure Article 14.02 - Within View Of Magistrate
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view ...
- Texas Code of Criminal Procedure Article 14.03 - Authority Of Peace Officers
(a) Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been ...
- Texas Code of Criminal Procedure Article 14.031 - Public Intoxication
(a) In lieu of arresting an individual who commits an offense under Section 49.02, Penal Code, a peace officer may release an individual if: (1) ...
- Texas Code of Criminal Procedure Article 14.04 - When Felony Has Been Committed
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and ...
- Texas Code of Criminal Procedure Article 14.05 - Rights Of Officer
In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the ...
- Texas Code of Criminal Procedure Article 14.051 - Arrest By Peace Officer From Other Jurisdiction
(a) A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the ...
- Texas Code of Criminal Procedure Article 14.06 - Must Take Offender Before Magistrate
(a) Except as provided by Subsection (b), in each case enumerated in this Code, the person making the arrest or the person having custody of ...
- Texas Code of Criminal Procedure Article 15.01 - Warrant Of Arrest
A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to ...
- Texas Code of Criminal Procedure Article 15.02 - Requisites Of Warrant
It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites: 1. ...
- Texas Code of Criminal Procedure Article 15.03 - Magistrate May Issue Warrant Or Summons
(a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order ...
- Texas Code of Criminal Procedure Article 15.04 - Complaint
The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense. Acts 1965, ...
- Texas Code of Criminal Procedure Article 15.05 - Requisites Of Complaint
The complaint shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must state the name of the accused, if ...
- Texas Code of Criminal Procedure Article 15.051 - Requiring Polygraph Examination Of Complainant Prohibited
(a) A peace officer or an attorney representing the state may not require a polygraph examination of a person who charges or seeks to charge ...
- Texas Code of Criminal Procedure Article 15.06 - Warrant Extends To Every Part Of The State
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend ...
- Texas Code of Criminal Procedure Article 15.07 - Warrant Issued By Other Magistrate
When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the ...
- Texas Code of Criminal Procedure Article 15.08 - Warrant May Be Telegraphed
A warrant of arrest may be forwarded by telegraph from any telegraph office to another in this State. If issued by any magistrate named in ...
- Texas Code of Criminal Procedure Article 15.09 - Complaint By Telegraph
A complaint in accordance with Article 15.05, may be telegraphed, as provided in the preceding Article, to any magistrate in the State; and the magistrate ...
- Texas Code of Criminal Procedure Article 15.10 - Copy To Be Deposited
A certified copy of the original warrant or complaint, certified to by the magistrate issuing or taking the same, shall be deposited with the manager ...
- Texas Code of Criminal Procedure Article 15.11 - Duty Of Telegraph Manager
When a warrant or complaint is received at a telegraph office for delivery, it shall be delivered to the party to whom it is addressed ...
- Texas Code of Criminal Procedure Article 15.12 - Warrant Or Complaint Must Be Under Seal
No manager of a telegraph office shall receive and forward a warrant or complaint unless the same shall be certified to under the seal of ...
- Texas Code of Criminal Procedure Article 15.13 - Telegram Prepaid
Whoever presents a warrant or complaint to the manager of a telegraph office to be forwarded by telegraph, shall pay for the same in advance, ...
- Texas Code of Criminal Procedure Article 15.14 - Arrest After Dismissal Because Of Delay
If a prosecution of a defendant is dismissed under Article 32.01, the defendant may be rearrested for the same criminal conduct alleged in the dismissed ...
- Texas Code of Criminal Procedure Article 15.16 - How Warrant Is Executed
(a) The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who ...
- Texas Code of Criminal Procedure Article 15.17 - Duties Of Arresting Officer And Magistrate
(a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary ...
- Texas Code of Criminal Procedure Article 15.18 - Arrest For Out-Of-County Offense
(a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before ...
- Texas Code of Criminal Procedure Article 15.19 - Notice Of Arrest
(a) If the accused fails or refuses to give bail, as provided in the preceding Article, he shall be committed to the jail of the ...
- Texas Code of Criminal Procedure Article 15.20 - Duty Of Sheriff Receiving Notice
The sheriff receiving the notice shall forthwith go or send for the prisoner and have him brought before the proper court or magistrate. Acts 1965, ...
- Texas Code of Criminal Procedure Article 15.21 - Prisoner Discharged If Not Timely Demanded
If the proper office of the county where the offense is alleged to have been committed does not demand the prisoner and take charge of ...
- Texas Code of Criminal Procedure Article 15.22 - When A Person Is Arrested
A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of ...
- Texas Code of Criminal Procedure Article 15.23 - Time Of Arrest
An arrest may be made on any day or at any time of the day or night. Acts 1965, 59th Leg., vol. 2, p. 317, ...
- Texas Code of Criminal Procedure Article 15.24 - What Force May Be Used
In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is ...
- Texas Code of Criminal Procedure Article 15.25 - May Break Door
In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused ...
- Texas Code of Criminal Procedure Article 15.26 - Authority To Arrest Must Be Made Known
In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall ...
- Texas Code of Criminal Procedure Article 15.27 - Notification To Schools Required
(a) A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the ...
- Texas Code of Criminal Procedure Article 16.01 - Examining Trial
When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation ...
- Texas Code of Criminal Procedure Article 16.02 - Examination Postponed
The magistrate may at the request of either party postpone the examination to procure testimony; but the accused shall in the meanwhile be detained in ...
- Texas Code of Criminal Procedure Article 16.03 - Warning To Accused
Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation ...
- Texas Code of Criminal Procedure Article 16.04 - Voluntary Statement
If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward. His statement shall ...
- Texas Code of Criminal Procedure Article 16.06 - Counsel May Examine Witness
The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination. If no counsel appears for ...
- Texas Code of Criminal Procedure Article 16.07 - Same Rules Of Evidence As On Final Trial
The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial. Acts ...
- Texas Code of Criminal Procedure Article 16.08 - Presence Of The Accused
The examination of each witness shall be in the presence of the accused. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. ...
- Texas Code of Criminal Procedure Article 16.09 - Testimony Reduced To Writing
The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to ...
- Texas Code of Criminal Procedure Article 16.10 - Attachment For Witness
The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an ...
- Texas Code of Criminal Procedure Article 16.11 - Attachment To Another County
The magistrate may issue an attachment for a witness to any county in the State, when affidavit is made by the party applying therefor that ...
- Texas Code of Criminal Procedure Article 16.12 - Witness Need Not Be Tendered His Witness Fees Or Expenses
A witness attached need not be tendered his witness fees or expenses. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, ...
- Texas Code of Criminal Procedure Article 16.13 - Attachment Executed Forthwith
The officer receiving the attachment shall execute it forthwith by bringing before the magistrate the witness named therein, unless such witness shall give bail for ...
- Texas Code of Criminal Procedure Article 16.14 - Postponing Examination
After examining the witness in attendance, if it appear to the magistrate that there is other important testimony which may be had by a postponement, ...
- Texas Code of Criminal Procedure Article 16.15 - Who May Discharge Capital Offense
The examination of one accused of a capital offense shall be conducted by a justice of the peace, county judge, county court at law, or ...
- Texas Code of Criminal Procedure Article 16.16 - If Insufficient Bail Has Been Taken
Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or ...
- Texas Code of Criminal Procedure Article 16.17 - Decision Of Judge
After the examining trial has been had, the judge shall make an order committing the defendant to the jail of the proper county, discharging him ...
- Texas Code of Criminal Procedure Article 16.18 - When No Safe Jail
If there is no safe jail in the county in which the prosecution is carried on, the magistrate may commit defendant to the nearest safe ...
- Texas Code of Criminal Procedure Article 16.19 - Warrant In Such Case
The commitment in the case mentioned in the preceding Article shall be directed to the sheriff of the county to which the defendant is sent, ...
- Texas Code of Criminal Procedure Article 16.20 - "Commitment"
A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed. It will ...
- Texas Code of Criminal Procedure Article 16.21 - Duty Of Sheriff As To Prisoners
Every sheriff shall keep safely a person committed to his custody. He shall use no cruel or unusual means to secure this end, but shall ...
- Texas Code of Criminal Procedure Article 16.22 - Examination And Transfer Of Defendant Suspected Of Having Mental Illness Or Mental Retardation
(a) Not later than 72 hours after receiving evidence or a statement that may establish reasonable cause to believe that a defendant committed to the ...
- Texas Code of Criminal Procedure Article 17.01 - Definition Of "Bail"
"Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes ...
- Texas Code of Criminal Procedure Article 17.02 - Definition Of "Bail Bond"
A "bail bond" is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court ...
- Texas Code of Criminal Procedure Article 17.03 - Personal Bond
(a) Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without ...
- Texas Code of Criminal Procedure Article 17.031 - Release On Personal Bond
(a) Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal ...
- Texas Code of Criminal Procedure Article 17.032 - Release On Personal Bond Of Certain Mentally Ill Defendants
(a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (1) Section 19.02 (murder); (2) Section 19.03 (capital ...
- Texas Code of Criminal Procedure Article 17.033 - Release On Bond Of Certain Persons Arrested Without A Warrant
(a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on ...
- Texas Code of Criminal Procedure Article 17.04 - Requisites Of A Personal Bond
A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are ...
- Texas Code of Criminal Procedure Article 17.045 - Bail Bond Certificates
A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or ...
- Texas Code of Criminal Procedure Article 17.05 - When A Bail Bond Is Given
A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under ...
- Texas Code of Criminal Procedure Article 17.06 - Corporation As Surety
Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed ...
- Texas Code of Criminal Procedure Article 17.07 - Corporation To File With County Clerk Power Of Attorney Designating Agent
Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding ...
- Texas Code of Criminal Procedure Article 17.08 - Requisites Of A Bail Bond
A bail bond must contain the following requisites: 1. That it be made payable to "The State of Texas"; 2. That the defendant and his ...
- Texas Code of Criminal Procedure Article 17.09 - Duration; Original And Subsequent Proceedings; New Bail
Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, ...
- Texas Code of Criminal Procedure Article 17.091 - Notice Of Certain Bail Reductions Required
Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Section 3g, Article 42.12, or ...
- Texas Code of Criminal Procedure Article 17.10 - Disqualified Sureties
(a) A minor may not be surety on a bail bond, but the accused party may sign as principal. (b) A person, for compensation, may ...
- Texas Code of Criminal Procedure Article 17.11 - How Bail Bond Is Taken
Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in ...
- Texas Code of Criminal Procedure Article 17.12 - Exempt Property
The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either ...
- Texas Code of Criminal Procedure Article 17.13 - Sufficiency Of Sureties Ascertained
To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to ...
- Texas Code of Criminal Procedure Article 17.14 - Affidavit Not Conclusive
Such affidavit shall not be conclusive as to the sufficiency of the security; and if the court or officer taking the bail bond is not ...
- Texas Code of Criminal Procedure Article 17.141 - Eligible Bail Bond Sureties In Certain Counties
In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list ...
- Texas Code of Criminal Procedure Article 17.15 - Rules For Fixing Amount Of Bail
The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they ...
- Texas Code of Criminal Procedure Article 17.151 - Release Because Of Delay
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by ...
- Texas Code of Criminal Procedure Article 17.16 - Discharge Of Liability; Surrender Or Incarceration Of Principal Before Forfeiture
(a) A surety may before forfeiture relieve himself of his undertaking by: (1) surrendering the accused into the custody of the sheriff of the county ...
- Texas Code of Criminal Procedure Article 17.17 - When Surrender Is Made During Term
If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall ...
- Texas Code of Criminal Procedure Article 17.18 - Surrender In Vacation
When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but ...
- Texas Code of Criminal Procedure Article 17.19 - Surety May Obtain A Warrant
(a) Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner ...
- Texas Code of Criminal Procedure Article 17.20 - Bail In Misdemeanor
The sheriff, or other peace officer, in cases of misdemeanor, may, whether during the term of the court or in vacation, where he has a ...
- Texas Code of Criminal Procedure Article 17.21 - Bail In Felony
In cases of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is ...
- Texas Code of Criminal Procedure Article 17.22 - May Take Bail In Felony
In a felony case, if the court before which the same is pending is not in session in the county where the defendant is in ...
- Texas Code of Criminal Procedure Article 17.23 - Sureties Severally Bound
In all bail bonds taken under any provision of this Code, the sureties shall be severally bound. Where a surrender of the principal is made ...
- Texas Code of Criminal Procedure Article 17.24 - General Rules Applicable
All general rules in the Chapter are applicable to bail defendant before an examining court. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ...
- Texas Code of Criminal Procedure Article 17.25 - Proceedings When Bail Is Granted
After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be ...
- Texas Code of Criminal Procedure Article 17.26 - Time Given To Procure Bail
Reasonable time shall be given the accused to procure security. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 17.27 - When Bail Is Not Given
If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to ...
- Texas Code of Criminal Procedure Article 17.28 - When Ready To Give Bail
If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and ...
- Texas Code of Criminal Procedure Article 17.29 - Accused Liberated
(a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be ...
- Texas Code of Criminal Procedure Article 17.291 - Further Detention Of Certain Persons
(a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and (2) "magistrate" has the meaning ...
- Texas Code of Criminal Procedure Article 17.292 - Magistrate's Order For Emergency Protection
(a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 42.072, Penal Code, the ...
- Texas Code of Criminal Procedure Article 17.293 - Delivery Of Order For Emergency Protection To Other Persons
The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a ...
- Texas Code of Criminal Procedure Article 17.30 - Shall Certify Proceedings
The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as ...
- Texas Code of Criminal Procedure Article 17.31 - Duty Of Clerks Who Receive Such Proceedings
If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. If the ...
- Texas Code of Criminal Procedure Article 17.32 - In Case Of No Arrest
Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list ...
- Texas Code of Criminal Procedure Article 17.33 - Request Setting Of Bail
The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well ...
- Texas Code of Criminal Procedure Article 17.34 - Witnesses To Give Bond
Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for ...
- Texas Code of Criminal Procedure Article 17.35 - Security Of Witness
The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense ...
- Texas Code of Criminal Procedure Article 17.36 - Effect Of Witness Bond
The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered ...
- Texas Code of Criminal Procedure Article 17.37 - Witness May Be Committed
A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure ...
- Texas Code of Criminal Procedure Article 17.38 - Rules Applicable To All Cases Of Bail
The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before ...
- Texas Code of Criminal Procedure Article 17.39 - Records Of Bail
A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the ...
- Texas Code of Criminal Procedure Article 17.40 - Conditions Related To Victim Or Community Safety
(a) To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of ...
- Texas Code of Criminal Procedure Article 17.41 - Condition Where Child Alleged Victim
(a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a ...
- Texas Code of Criminal Procedure Article 17.42 - Personal Bond Office
Sec. 1. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county ...
- Texas Code of Criminal Procedure Article 17.43 - Home Curfew And Electronic Monitoring As Condition
(a) A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the ...
- Texas Code of Criminal Procedure Article 17.44 - Home Confinement, Electronic Monitoring, And Drug Testing As Condition
(a) A magistrate may require as a condition of release on bond that the defendant submit to: (1) home confinement and electronic monitoring under the ...
- Texas Code of Criminal Procedure Article 17.441 - Conditions Requiring Motor Vehicle Ignition Interlock
(a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal ...
- Texas Code of Criminal Procedure Article 17.45 - Conditions Requiring Aids And Hiv Instruction
A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02, Penal Code, receive counseling or education, ...
- Texas Code of Criminal Procedure Article 17.46 - Conditions For A Defendant Charged With Stalking
(a) A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may ...
- Texas Code of Criminal Procedure Article 17.47 - Conditions Requiring Submission Of Specimen
(a) A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law ...
- Texas Code of Criminal Procedure Article 17.48 - Posttrial Actions
A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state ...
- Texas Code of Criminal Procedure Article 18.01 - Search Warrant
(a) A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property ...
- Texas Code of Criminal Procedure Article 18.02 - Grounds For Issuance
A search warrant may be issued to search for and seize: (1) property acquired by theft or in any other manner which makes its acquisition ...
- Texas Code of Criminal Procedure Article 18.021 - Issuance Of Search Warrant To Photograph Injured Child
(a) A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of ...
- Texas Code of Criminal Procedure Article 18.03 - Search Warrant May Order Arrest
If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed ...
- Texas Code of Criminal Procedure Article 18.04 - Contents Of Warrant
A search warrant issued under this chapter shall be sufficient if it contains the following requisites: (1) that it run in the name of "The ...
- Texas Code of Criminal Procedure Article 18.05 - Warrants For Fire, Health, And Code Inspections
(a) Except as provided by Subsection (e) of this article, a search warrant may be issued to the fire marshal, health officer, or code enforcement ...
- Texas Code of Criminal Procedure Article 18.06 - Execution Of Warrants
(a) A peace officer to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It ...
- Texas Code of Criminal Procedure Article 18.07 - Days Allowed For Warrant To Run
The time allowed for the execution of a search warrant shall be three whole days, exclusive of the day of its issuance and of the ...
- Texas Code of Criminal Procedure Article 18.08 - Power Of Officer Executing Warrant
In the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound ...
- Texas Code of Criminal Procedure Article 18.09 - Shall Seize Accused And Property
When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it ...
- Texas Code of Criminal Procedure Article 18.10 - How Return Made
Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in ...
- Texas Code of Criminal Procedure Article 18.11 - Custody Of Property Found
Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article 18.10 of ...
- Texas Code of Criminal Procedure Article 18.12 - Magistrate Shall Investigate
The magistrate, upon the return of a search warrant, shall proceed to try the questions arising upon the same, and shall take testimony as in ...
- Texas Code of Criminal Procedure Article 18.13 - Shall Discharge Defendant
If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and ...
- Texas Code of Criminal Procedure Article 18.14 - Examining Trial
The magistrate shall proceed to deal with the accused as in other cases before an examining court if he is satisfied there was good ground ...
- Texas Code of Criminal Procedure Article 18.15 - Certify Record To Proper Court
The magistrate shall keep a record of all the proceedings had before him in cases of search warrants, and shall certify the same and deliver ...
- Texas Code of Criminal Procedure Article 18.16 - Preventing Consequences Of Theft
Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the ...
- Texas Code of Criminal Procedure Article 18.17 - Disposition Of Abandoned Or Unclaimed Property
(a) All unclaimed or abandoned personal property of every kind, other than contraband subject to forfeiture under Chapter 59 of this code and whiskey, wine ...
- Texas Code of Criminal Procedure Article 18.18 - Disposition Of Gambling Paraphernalia, Prohibited Weapon, Criminal Instrument, And Other Contraband
(a) Following the final conviction of a person for possession of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia, for an offense ...
- Texas Code of Criminal Procedure Article 18.181 - Disposition Of Explosive Weapons And Chemical Dispensing Devices
(a) After seizure of an explosive weapon or chemical dispensing device, as these terms are defined in Section 46.01, Penal Code, a peace officer or ...
- Texas Code of Criminal Procedure Article 18.183 - Deposit Of Money Pending Disposition
(a) If money is seized by a law enforcement agency in connection with a violation of Chapter 47, Penal Code, the state or the political ...
- Texas Code of Criminal Procedure Article 18.19 - Disposition Of Seized Weapons
(a) Weapons seized in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46 shall be held ...
- Texas Code of Criminal Procedure Article 18.20 - Interception And Use Of Wire, Oral, Or Electronic Communications
Definitions Sec. 1. In this article: (1) "Wire communication" means an aural transfer made in whole or in part through the use of facilities for ...
- Texas Code of Criminal Procedure Article 18.21 - Pen Registers And Trap And Trace Devices; Access To Stored Communications; Mobile Tracking Devices
Definitions Sec. 1. In this article: (1) "Aural transfer," "communication common carrier," "computer trespasser," "electronic communication," "electronic communications service," "electronic communications system," "electronic storage," "immediate ...
- Texas Code of Criminal Procedure Article 18.22 - Testing For Communicable Diseases Following Certain Arrests
(a) A person who is arrested for a misdemeanor or felony and who during the commission of that offense or an arrest following the commission ...
- Texas Code of Criminal Procedure Article 18.23 - Expenses For Motor Vehicle Towed And Stored For Certain Purposes
(a) A law enforcement agency that directs the towing and storage of a motor vehicle for an evidentiary or examination purpose shall pay the cost ...
- Texas Code of Criminal Procedure Article 19.01 - Appointment Of Jury Commissioners; Selection Without Jury Commission
(a) The district judge, at or during any term of court, shall appoint not less than three, nor more than five persons to perform the ...
- Texas Code of Criminal Procedure Article 19.02 - Notified Of Appointment
The judge shall cause the proper officer to notify such appointees of such appointment, and when and where they are to appear. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 19.03 - Oath Of Commissioners
When the appointees appear before the judge, he shall administer to them the following oath: "You do swear faithfully to discharge the duties required of ...
- Texas Code of Criminal Procedure Article 19.04 - Instructed
The jury commissioners, after they have been organized and sworn, shall be instructed by the judge in their duties and shall then retire in charge ...
- Texas Code of Criminal Procedure Article 19.05 - Kept Free From Intrusion
The jury commissioners shall be kept free from the intrusion of any person during their session, and shall not separate without leave of the court ...
- Texas Code of Criminal Procedure Article 19.06 - Shall Select Grand Jurors
The jury commissioners shall select not less than 15 nor more than 40 persons from the citizens of the county to be summoned as grand ...
- Texas Code of Criminal Procedure Article 19.07 - Extension Beyond Term Of Period For Which Grand Jurors Shall Sit
If prior to the expiration of the term for which the grand jury was impaneled, it is made to appear by a declaration of the ...
- Texas Code of Criminal Procedure Article 19.08 - Qualifications
No person shall be selected or serve as a grand juror who does not possess the following qualifications: 1. The person must be a citizen ...
- Texas Code of Criminal Procedure Article 19.09 - Names Returned
The names of those selected as grand jurors by the commissioners shall be written upon a paper; and the fact that they were so selected ...
- Texas Code of Criminal Procedure Article 19.10 - List To Clerk
The judge shall deliver the envelope containing the list of grand jurors to the clerk or one of his deputies in open court without opening ...
- Texas Code of Criminal Procedure Article 19.11 - Oath To Clerk
Before the list of grand jurors is delivered to the clerk, the judge shall administer to the clerk and each of his deputies in open ...
- Texas Code of Criminal Procedure Article 19.12 - Deputy Clerk Sworn
Should the clerk subsequently appoint a deputy, such clerk shall administer to him the same oath, at the time of such appointment. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 19.13 - Clerk Shall Open Lists
The grand jury may be convened on the first or any subsequent day of the term. The judge shall designate the day on which the ...
- Texas Code of Criminal Procedure Article 19.14 - Summoning
The sheriff shall summon the persons named in the list at least three days, exclusive of the day of service, prior to the day on ...
- Texas Code of Criminal Procedure Article 19.15 - Return Of Officer
The officer executing such summons shall return the list on the day on which the grand jury is to be impaneled, with a certificate thereon ...
- Texas Code of Criminal Procedure Article 19.16 - Absent Juror Fined
A juror legally summoned, failing to attend without a reasonable excuse, may, by order of the court entered on the record, be fined not less ...
- Texas Code of Criminal Procedure Article 19.17 - Failure To Select
If for any reason a grand jury shall not be selected or summoned prior to the commencement of any term of court, or when none ...
- Texas Code of Criminal Procedure Article 19.18 - If Less Than Fourteen Attend
When less than fourteen of those summoned to serve as grand jurors are found to be in attendance and qualified to so serve, the court ...
- Texas Code of Criminal Procedure Article 19.19 - Jurors To Attend Forthwith
The jurors provided for in the two preceding Articles shall be summoned in person to attend before the court forthwith. Acts 1965, 59th Leg., vol. ...
- Texas Code of Criminal Procedure Article 19.20 - To Summon Qualified Persons
Upon directing the sheriff to summon grand jurors not selected by the jury commissioners, the court shall instruct him that he must summon no person ...
- Texas Code of Criminal Procedure Article 19.21 - To Test Qualifications
When as many as fourteen persons summoned to serve as grand jurors are in attendance upon the court, it shall proceed to test their qualifications ...
- Texas Code of Criminal Procedure Article 19.22 - Interrogated
Each person who is presented to serve as a grand juror shall, before being impaneled, be interrogated on oath by the court or under his ...
- Texas Code of Criminal Procedure Article 19.23 - Mode Of Test
In trying the qualifications of any person to serve as a grand juror, he shall be asked: 1. Are you a citizen of this state ...
- Texas Code of Criminal Procedure Article 19.24 - Qualified Juror Accepted
When, by the answer of the person, it appears to the court that he is a qualified juror, he shall be accepted as such, unless ...
- Texas Code of Criminal Procedure Article 19.25 - Excuses From Service
Any person summoned who does not possess the requisite qualifications shall be excused by the court from serving. The following qualified persons may be excused ...
- Texas Code of Criminal Procedure Article 19.26 - Jury Impaneled
(a) When fourteen qualified jurors are found to be present, the court shall proceed to impanel the grand jury, unless a challenge is made, which ...
- Texas Code of Criminal Procedure Article 19.27 - Any Person May Challenge
Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror. In no ...
- Texas Code of Criminal Procedure Article 19.28 - "Array"
By the "array" of grand jurors is meant the whole body of persons summoned to serve as such before they have been impaneled. Acts 1965, ...
- Texas Code of Criminal Procedure Article 19.29 - "Impaneled" And "Panel"
A grand juror is said to be "impaneled" after his q |