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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 qualifications have been tried and he has been sworn. By "panel" is meant the whole ...
- Texas Code of Criminal Procedure Article 19.30 - Challenge To "Array"
A challenge to the "array" shall be made in writing for these causes only: 1. That those summoned as grand jurors are not in fact ...
- Texas Code of Criminal Procedure Article 19.31 - Challenge To Juror
A challenge to a particular grand juror may be made orally for the following causes only: 1. That he is not a qualified juror; and ...
- Texas Code of Criminal Procedure Article 19.32 - Summarily Decided
When a challenge to the array or to any individual has been made, the court shall hear proof and decide in a summary manner whether ...
- Texas Code of Criminal Procedure Article 19.33 - Other Jurors Summoned
The court shall order another grand jury to be summoned if the challenge to the array be sustained, or order the panel to be completed ...
- Texas Code of Criminal Procedure Article 19.34 - Oath Of Grand Jurors
When the grand jury is completed, the court shall appoint one of the number foreman; and the following oath shall be administered by the court, ...
- Texas Code of Criminal Procedure Article 19.35 - To Instruct Jury
The court shall instruct the grand jury as to their duty. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. ...
- Texas Code of Criminal Procedure Article 19.36 - Bailiffs Appointed
The court and the district attorney may each appoint one or more bailiffs to attend upon the grand jury, and at the time of appointment, ...
- Texas Code of Criminal Procedure Article 19.37 - Bailiff's Duties
A bailiff is to obey the instructions of the foreman, to summon all witnesses, and generally, to perform all such duties as the foreman may ...
- Texas Code of Criminal Procedure Article 19.38 - Bailiff Violating Duty
No bailiff shall take part in the discussions or deliberations of the grand jury nor be present when they are discussing or voting upon a ...
- Texas Code of Criminal Procedure Article 19.39 - Another Foreman Appointed
If the foreman of the grand jury is from any cause absent or unable or disqualified to act, the court shall appoint in his place ...
- Texas Code of Criminal Procedure Article 19.40 - Quorum
Nine members shall be a quorum for the purpose of discharging any duty or exercising any right properly belonging to the grand jury. Acts 1965, ...
- Texas Code of Criminal Procedure Article 19.41 - Reassembled
A grand jury discharged by the court for the term may be reassembled by the court at any time during the term. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 19.42 - Personal Information About Grand Jurors
(a) Except as provided by Subsection (b), information collected by the court, court personnel, or prosecuting attorney during the grand jury selection process about a ...
- Texas Code of Criminal Procedure Article 20.01 - Grand Jury Room
After the grand jury is organized they shall proceed to the discharge of their duties in a suitable place which the sheriff shall prepare for ...
- Texas Code of Criminal Procedure Article 20.011 - Who May Be Present In Grand Jury Room
(a) Only the following persons may be present in a grand jury room while the grand jury is conducting proceedings: (1) grand jurors; (2) bailiffs; ...
- Texas Code of Criminal Procedure Article 20.012 - Recording Of Certain Testimony
(a) Questions propounded by the grand jury or the attorney representing the state to a person accused or suspected and the testimony of that person ...
- Texas Code of Criminal Procedure Article 20.02 - Proceedings Secret
(a) The proceedings of the grand jury shall be secret. (b) A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, or ...
- Texas Code of Criminal Procedure Article 20.03 - Attorney Representing State Entitled To Appear
"The attorney representing the State" means the Attorney General, district attorney, criminal district attorney, or county attorney. The attorney representing the State, is entitled to ...
- Texas Code of Criminal Procedure Article 20.04 - Attorney May Examine Witnesses
The attorney representing the State may examine the witnesses before the grand jury and shall advise as to the proper mode of interrogating them. No ...
- Texas Code of Criminal Procedure Article 20.05 - May Send For Attorney
The grand jury may send for the attorney representing the state and ask his advice upon any matter of law or upon any question arising ...
- Texas Code of Criminal Procedure Article 20.06 - Advice From Court
The grand jury may also seek and receive advice from the court touching any matter before them, and for this purpose, shall go into court ...
- Texas Code of Criminal Procedure Article 20.07 - Foreman Shall Preside
The foreman shall preside over the sessions of the grand jury, and conduct its business and proceedings in an orderly manner. He may appoint one ...
- Texas Code of Criminal Procedure Article 20.08 - Adjournments
The grand jury shall meet and adjourn at times agreed upon by a majority of the body; but they shall not adjourn, at any one ...
- Texas Code of Criminal Procedure Article 20.09 - Duties Of Grand Jury
The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed ...
- Texas Code of Criminal Procedure Article 20.10 - Attorney Or Foreman May Issue Process
The attorney representing the state, or the foreman, in term time or vacation, may issue a summons or attachment for any witness in the county ...
- Texas Code of Criminal Procedure Article 20.11 - Out-Of-County Witnesses
Sec. 1. The foreman or the attorney representing the State may, upon written application to the district court stating the name and residence of the ...
- Texas Code of Criminal Procedure Article 20.12 - Attachment In Vacation
The attorney representing the state may cause an attachment for a witness to be issued, as provided in the preceding Article, either in term time ...
- Texas Code of Criminal Procedure Article 20.13 - Execution Of Process
The bailiff or other officer who receives process to be served from a grand jury shall forthwith execute the same and return it to the ...
- Texas Code of Criminal Procedure Article 20.14 - Evasion Of Process
If it be made to appear satisfactorily to the court that a witness for whom an attachment has been issued to go before the grand ...
- Texas Code of Criminal Procedure Article 20.15 - When Witness Refuses To Testify
When a witness, brought in any manner before a grand jury, refuses to testify, such fact shall be made known to the attorney representing the ...
- Texas Code of Criminal Procedure Article 20.16 - Oaths To Witnesses
The following oath shall be administered by the foreman, or under his direction, to each witness before being interrogated: "You solemnly swear that you will ...
- Texas Code of Criminal Procedure Article 20.17 - How Suspect Or Accused Questioned
(a) The grand jury, in propounding questions to the person accused or suspected, shall first state the offense with which he is suspected or accused, ...
- Texas Code of Criminal Procedure Article 20.18 - How Witness Questioned
When a felony has been committed in any county within the jurisdiction of the grand jury, and the name of the offender is known or ...
- Texas Code of Criminal Procedure Article 20.19 - Grand Jury Shall Vote
After all the testimony which is accessible to the grand jury shall have been given in respect to any criminal accusation, the vote shall be ...
- Texas Code of Criminal Procedure Article 20.20 - Indictment Prepared
The attorney representing the State shall prepare all indictments which have been found, with as little delay as possible, and deliver them to the foreman, ...
- Texas Code of Criminal Procedure Article 20.21 - Indictment Presented
When the indictment is ready to be presented, the grand jury shall through their foreman, deliver the indictment to the judge or clerk of the ...
- Texas Code of Criminal Procedure Article 20.22 - Presentment Entered Of Record
The fact of a presentment of indictment by a grand jury shall be entered upon the minutes of the court, if the defendant is in ...
- Texas Code of Criminal Procedure Article 21.01 - "Indictment"
An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared ...
- Texas Code of Criminal Procedure Article 21.011 - Filing Of Charging Instrument Or Related Document In Electronic Form
(a) An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a ...
- Texas Code of Criminal Procedure Article 21.02 - Requisites Of An Indictment
An indictment shall be deemed sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of The State ...
- Texas Code of Criminal Procedure Article 21.03 - What Should Be Stated
Everything should be stated in an indictment which is necessary to be proved. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. ...
- Texas Code of Criminal Procedure Article 21.04 - The Certainty Required
The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar ...
- Texas Code of Criminal Procedure Article 21.05 - Particular Intent; Intent To Defraud
Where a particular intent is a material fact in the description of the offense, it must be stated in the indictment; but in any case ...
- Texas Code of Criminal Procedure Article 21.06 - Allegation Of Venue
When the offense may be prosecuted in either of two or more counties, the indictment may allege the offense to have been committed in the ...
- Texas Code of Criminal Procedure Article 21.07 - Allegation Of Name
In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state ...
- Texas Code of Criminal Procedure Article 21.08 - Allegation Of Ownership
Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either. ...
- Texas Code of Criminal Procedure Article 21.09 - Description Of Property
If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership. When such is unknown, that fact shall be ...
- Texas Code of Criminal Procedure Article 21.10 - "Felonious" And "Feloniously"
It is not necessary to use the words "felonious" or "feloniously" in any indictment. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. ...
- Texas Code of Criminal Procedure Article 21.11 - Certainty; What Sufficient
An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable ...
- Texas Code of Criminal Procedure Article 21.12 - Special And General Terms
When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the ...
- Texas Code of Criminal Procedure Article 21.13 - Act With Intent To Commit An Offense
An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent ...
- Texas Code of Criminal Procedure Article 21.14 - Perjury And Aggravated Perjury
(a) An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the ...
- Texas Code of Criminal Procedure Article 21.15 - Must Allege Acts Of Recklessness Or Criminal Negligence
Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly ...
- Texas Code of Criminal Procedure Article 21.16 - Certain Forms Of Indictments
The following form of indictments is sufficient: "In the name and by authority of the State of Texas: The grand jury of ............ County, State ...
- Texas Code of Criminal Procedure Article 21.17 - Following Statutory Words
Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying ...
- Texas Code of Criminal Procedure Article 21.18 - Matters Of Judicial Notice
Presumptions of law and matters of which judicial notice is taken (among which are included the authority and duties of all officers elected or appointed ...
- Texas Code of Criminal Procedure Article 21.19 - Defects Of Form
An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form ...
- Texas Code of Criminal Procedure Article 21.20 - "Information"
An "information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an ...
- Texas Code of Criminal Procedure Article 21.21 - Requisites Of An Information
An information is sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of the State of Texas"; ...
- Texas Code of Criminal Procedure Article 21.22 - Information Based Upon Complaint
No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed ...
- Texas Code of Criminal Procedure Article 21.23 - Rules As To Indictment Apply To Information
The rules with respect to allegations in an indictment and the certainty required apply also to an information. Acts 1965, 59th Leg., p. 317, ch. ...
- Texas Code of Criminal Procedure Article 21.24 - Joinder Of Certain Offenses
(a) Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the ...
- Texas Code of Criminal Procedure Article 21.25 - When Indictment Has Been Lost, Etc
When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court; and ...
- Texas Code of Criminal Procedure Article 21.26 - Order Transferring Cases
Upon the filing of an indictment in the district court which charges an offense over which such court has no jurisdiction, the judge of such ...
- Texas Code of Criminal Procedure Article 21.27 - Causes Transferred To Justice Court
Causes over which justices of the peace have jurisdiction may be transferred to a justice of the peace at the county seat, or in the ...
- Texas Code of Criminal Procedure Article 21.28 - Duty On Transfer
The clerk of the court, without delay, shall deliver the indictments in all cases transferred, together with all the papers relating to each case, to ...
- Texas Code of Criminal Procedure Article 21.29 - Proceedings Of Inferior Court
Any case so transferred shall be entered on the docket of the court to which it is transferred. All process thereon shall be issued and ...
- Texas Code of Criminal Procedure Article 21.30 - Cause Improvidently Transferred
When a cause has been improvidently transferred to a court which has no jurisdiction of the same, the court to which it has been transferred ...
- Texas Code of Criminal Procedure Article 21.31 - Testing For Aids And Certain Other Diseases
(a) A person who is indicted for or who waives indictment for an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at the ...
- Texas Code of Criminal Procedure Article 22.01 - Bail Forfeited, When
When a defendant is bound by bail to appear and fails to appear in any court in which such case may be pending and at ...
- Texas Code of Criminal Procedure Article 22.02 - Manner Of Taking A Forfeiture
Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and ...
- Texas Code of Criminal Procedure Article 22.021 - Forfeiture After Violating Treatment Condition
On its own motion or the motion of the attorney for the state, the magistrate who set a defendant's bond or before whom a prosecution ...
- Texas Code of Criminal Procedure Article 22.03 - Citation To Sureties
(a) Upon entry of judgment, a citation shall issue forthwith notifying the sureties of the defendant, if any, that the bond has been forfeited, and ...
- Texas Code of Criminal Procedure Article 22.04 - Requisites Of Citation
A citation shall be sufficient if it be in the form provided for citations in civil cases in such court; provided, however, that a copy ...
- Texas Code of Criminal Procedure Article 22.05 - Citation As In Civil Actions
If service of citation is not waived under Article 22.03, a surety is entitled to notice by service of citation, the length of time and ...
- Texas Code of Criminal Procedure Article 22.06 - Citation By Publication
Where the surety is a nonresident of the State, or where he is a transient person, or where his residence is unknown, the district or ...
- Texas Code of Criminal Procedure Article 22.07 - Cost Of Publication
When service of citation is made by publication, the county in which the forfeiture has been taken shall pay the costs thereof, to be taxed ...
- Texas Code of Criminal Procedure Article 22.08 - Service Out Of The State
Service of a certified copy of the citation upon any absent or non-resident surety may be made outside of the limits of this State by ...
- Texas Code of Criminal Procedure Article 22.09 - When Surety Is Dead
If the surety is dead at the time the forfeiture is taken, the forfeiture shall nevertheless be valid. The final judgment shall not be rendered ...
- Texas Code of Criminal Procedure Article 22.10 - Scire Facias Docket
When a forfeiture has been declared upon a bond, the court or clerk shall docket the case upon the scire facias or upon the civil ...
- Texas Code of Criminal Procedure Article 22.11 - Sureties May Answer
After the forfeiture of the bond, if the sureties, if any, have been duly notified, the sureties, if any, may answer in writing and show ...
- Texas Code of Criminal Procedure Article 22.12 - Proceedings Not Set Aside For Defect Of Form
The bond, the judgment declaring the forfeiture, the citation and the return thereupon, shall not be set aside because of any defect of form; but ...
- Texas Code of Criminal Procedure Article 22.125 - Powers Of The Court
After a judicial declaration of forfeiture is entered, the court may proceed with the trial required by Article 22.14 of this code. The court may ...
- Texas Code of Criminal Procedure Article 22.13 - Causes Which Will Exonerate
(a) The following causes, and no other, will exonerate the defendant and his sureties, if any, from liability upon the forfeiture taken: 1. That the ...
- Texas Code of Criminal Procedure Article 22.14 - Judgment Final
When, upon a trial of the issues presented, no sufficient cause is shown for the failure of the principal to appear, the judgment shall be ...
- Texas Code of Criminal Procedure Article 22.15 - Judgment Final By Default
When the sureties have been duly cited and fail to answer, and the principal also fails to answer within the time limited for answering in ...
- Texas Code of Criminal Procedure Article 22.16 - Remittitur After Forfeiture
(a) After forfeiture of a bond and before entry of a final judgment, the court shall, on written motion, remit to the surety the amount ...
- Texas Code of Criminal Procedure Article 22.17 - Special Bill Of Review
(a) Not later than two years after the date a final judgment is entered in a bond forfeiture proceeding, the surety on the bond may ...
- Texas Code of Criminal Procedure Article 22.18 - Limitation
An action by the state to forfeit a bail bond under this chapter must be brought not later than the fourth anniversary of the date ...
- Texas Code of Criminal Procedure Article 23.01 - Definition Of A "Capias"
A "capias" is a writ issued by the court or clerk, and directed "To any peace officer of the State of Texas", commanding him to ...
- Texas Code of Criminal Procedure Article 23.02 - Its Requisites
A capias shall be held sufficient if it have the following requisites: 1. That it run in the name of "The State of Texas"; 2. ...
- Texas Code of Criminal Procedure Article 23.03 - Capias Or Summons In Felony
(a) A capias shall be issued by the district clerk upon each indictment for felony presented, after bail has been set or denied by the ...
- Texas Code of Criminal Procedure Article 23.031 - Issuance Of Capias In Electronic Form
A district clerk, county clerk, or court may issue in electronic form a capias for the failure of a person to appear before a court, ...
- Texas Code of Criminal Procedure Article 23.04 - In Misdemeanor Case
In misdemeanor cases the capias or summons shall issue from a court having jurisdiction of the case. The summons shall be issued only upon request ...
- Texas Code of Criminal Procedure Article 23.05 - Capias After Surrender Or Forfeiture
(a) If a forfeiture of bail is declared or a surety surrenders a defendant under Article 17.19, a capias shall be immediately issued for the ...
- Texas Code of Criminal Procedure Article 23.06 - New Bail In Felony Case
When a defendant who has been arrested for a felony under a capias has previously given bail to answer said charge, his sureties, if any, ...
- Texas Code of Criminal Procedure Article 23.07 - Capias Does Not Lose Its Force
A capias shall not lose its force if not executed and returned at the time fixed in the writ, but may be executed at any ...
- Texas Code of Criminal Procedure Article 23.08 - Reasons For Retaining Capias
When the capias is not returned at the time fixed in the writ, the officer holding it shall notify the court from whence it was ...
- Texas Code of Criminal Procedure Article 23.09 - Capias To Several Counties
Capiases for a defendant may be issued to as many counties as the district or county attorney may direct. Acts 1965, 59th Leg., p. 317, ...
- Texas Code of Criminal Procedure Article 23.10 - Bail In Felony
In cases of arrest for felony in the county where the prosecution is pending, during a term of court, the officer making the arrest may ...
- Texas Code of Criminal Procedure Article 23.11 - Sheriff May Take Bail In Felony
In cases of arrest for felony less than capital, made during vacation or made in another county than the one in which the prosecution is ...
- Texas Code of Criminal Procedure Article 23.12 - Court Shall Fix Bail In Felony
In felony cases which are bailable, the court shall, before adjourning, fix and enter upon the minutes the amount of the bail to be required ...
- Texas Code of Criminal Procedure Article 23.13 - Who May Arrest Under Capias
A capias may be executed by any peace officer. In felony cases, the defendant must be delivered immediately to the sheriff of the county where ...
- Texas Code of Criminal Procedure Article 23.14 - Bail In Misdemeanor
Any officer making an arrest under a capias in a misdemeanor may in term time or vacation take a bail bond of the defendant. Acts ...
- Texas Code of Criminal Procedure Article 23.15 - Arrest In Capital Cases
Where an arrest is made under a capias in a capital case, the sheriff shall confine the defendant in jail, and the capias shall, for ...
- Texas Code of Criminal Procedure Article 23.16 - Arrest In Capital Case In Another County
In each capital case where a defendant is arrested under a capias in a county other than that in which the case is pending, the ...
- Texas Code of Criminal Procedure Article 23.17 - Return Of Bail And Capias
When an arrest has been made and a bail taken, such bond, together with the capias, shall be returned forthwith to the proper court. Acts ...
- Texas Code of Criminal Procedure Article 23.18 - Return Of Capias
The return of the capias shall be made to the court from which it is issued. If it has been executed, the return shall state ...
- Texas Code of Criminal Procedure Article 24.01 - Issuance Of Subpoenas
(a) A subpoena may summon one or more persons to appear: (1) before a court to testify in a criminal action at a specified term ...
- Texas Code of Criminal Procedure Article 24.011 - Subpoenas; Child Witnesses
(a) If a witness is younger than 18 years, the court may issue a subpoena directing a person having custody, care, or control of the ...
- Texas Code of Criminal Procedure Article 24.02 - Subpoena Duces Tecum
If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct ...
- Texas Code of Criminal Procedure Article 24.03 - Subpoena And Application Therefor
(a) Before the clerk or his deputy shall be required or permitted to issue a subpoena in any felony case pending in any district or ...
- Texas Code of Criminal Procedure Article 24.04 - Service And Return Of Subpoena
(a) A subpoena is served by: (1) reading the subpoena in the hearing of the witness; (2) delivering a copy of the subpoena to the ...
- Texas Code of Criminal Procedure Article 24.05 - Refusing To Obey
If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, as follows: In a felony case, not ...
- Texas Code of Criminal Procedure Article 24.06 - What Is Disobedience Of A Subpoena
It shall be held that a witness refuses to obey a subpoena: 1. If he is not in attendance on the court on the day ...
- Texas Code of Criminal Procedure Article 24.07 - Fine Against Witness Conditional
When a fine is entered against a witness for failure to appear and testify, the judgment shall be conditional; and a citation shall issue to ...
- Texas Code of Criminal Procedure Article 24.08 - Witness May Show Cause
A witness cited to show cause, as provided in the preceding Article, may do so under oath, in writing or verbally, at any time before ...
- Texas Code of Criminal Procedure Article 24.09 - Court May Remit Fine
It shall be within the discretion of the court to judge of the sufficiency of an excuse rendered by a witness, and upon the hearing ...
- Texas Code of Criminal Procedure Article 24.10 - When Witness Appears And Testifies
When a fine has been entered against a witness, but no trial of the cause takes place, and such witness afterward appears and testifies upon ...
- Texas Code of Criminal Procedure Article 24.11 - Requisites Of An "Attachment"
An "attachment" is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand ...
- Texas Code of Criminal Procedure Article 24.12 - When Attachment May Issue
When a witness who resides in the county of the prosecution has been duly served with a subpoena to appear and testify in any criminal ...
- Texas Code of Criminal Procedure Article 24.13 - Attachment For Convict Witnesses
All persons who have been or may be convicted in this State, and who are confined in an institution operated by the Department of Corrections ...
- Texas Code of Criminal Procedure Article 24.131 - Notification To Department Of Criminal Justice
If after the Texas Department of Criminal Justice transfers a defendant or inmate to a county under Article 24.13 and before that person is returned ...
- Texas Code of Criminal Procedure Article 24.14 - Attachment For Resident Witness
When a witness resides in the county of the prosecution, whether he has disobeyed a subpoena or not, either in term-time or vacation, upon the ...
- Texas Code of Criminal Procedure Article 24.15 - To Secure Attendance Before Grand Jury
At any time before the first day of any term of the district court, the clerk, upon application of the State's attorney, shall issue a ...
- Texas Code of Criminal Procedure Article 24.16 - Application For Out-County Witness
Where, in misdemeanor cases in which confinement in jail is a permissible punishment, or in felony cases, a witness resides out of the county in ...
- Texas Code of Criminal Procedure Article 24.17 - Duty Of Officer Receiving Said Subpoena
The officer receiving said subpoena shall execute the same by delivering a copy thereof to each witness therein named. He shall make due return of ...
- Texas Code of Criminal Procedure Article 24.18 - Subpoena Returnable Forthwith
When a subpoena is returnable forthwith, the officer shall immediately serve the witness with a copy of the same; and it shall be the duty ...
- Texas Code of Criminal Procedure Article 24.19 - Certificate To Officer
The clerk, magistrate, or foreman of the grand jury issuing said process, immediately upon the return of said subpoena, if issued as provided in Article ...
- Texas Code of Criminal Procedure Article 24.20 - Subpoena Returnable At Future Date
If the subpoena be returnable at some future date, the officer shall have authority to take bail of such witness for his appearance under said ...
- Texas Code of Criminal Procedure Article 24.21 - Stating Bail In Subpoena
The court or magistrate issuing said subpoena may direct therein the amount of the bail to be required. The officer may fix the amount if ...
- Texas Code of Criminal Procedure Article 24.22 - Witness Fined And Attached
If a witness summoned from without the county refuses to obey a subpoena, he shall be fined by the court or magistrate not exceeding five ...
- Texas Code of Criminal Procedure Article 24.23 - Witness Released
A witness who is in custody for failing to give bail shall be at once released upon giving bail required. Acts 1965, 59th Leg., p. ...
- Texas Code of Criminal Procedure Article 24.24 - Bail For Witness
Witnesses on behalf of the State or defendant may, at the request of either party, be required to enter into bail in an amount to ...
- Texas Code of Criminal Procedure Article 24.25 - Personal Bond Of Witness
When it appears to the satisfaction of the court that personal bond of the witness will insure his attendance, no security need be required of ...
- Texas Code of Criminal Procedure Article 24.26 - Enforcing Forfeiture
The bond of a witness may be enforced against him and his sureties, if any, in the manner pointed out in this Code for enforcing ...
- Texas Code of Criminal Procedure Article 24.27 - No Surrender After Forfeiture
The sureties of a witness have no right to discharge themselves by the surrender of the witness after the forfeiture of their bond. Acts 1965, ...
- Texas Code of Criminal Procedure Article 24.28 - Uniform Act To Secure Attendance Of Witnesses From Without State
Short Title Sec. 1. This Act may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal ...
- Texas Code of Criminal Procedure Article 24.29 - Uniform Act To Secure Rendition Of Prisoners In Criminal Proceedings
Short title Sec. 1. This article may be cited as the "Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings." Definitions Sec. 2. In ...
- Texas Code of Criminal Procedure Article 25.01 - In Felony
In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where ...
- Texas Code of Criminal Procedure Article 25.02 - Service And Return
Upon receipt of such writ and copy, the sheriff shall immediately deliver such certified copy of the indictment to the accused and return the writ ...
- Texas Code of Criminal Procedure Article 25.03 - If On Bail In Felony
When the accused, in case of felony, is on bail at the time the indictment is presented, it is not necessary to serve him with ...
- Texas Code of Criminal Procedure Article 25.04 - In Misdemeanor
In misdemeanors, it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his ...
- Texas Code of Criminal Procedure Article 26.01 - Arraignment
In all felony cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment. Acts 1965, 59th Leg., p. 317, ch. ...
- Texas Code of Criminal Procedure Article 26.011 - Waiver Of Arraignment
An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant ...
- Texas Code of Criminal Procedure Article 26.02 - Purpose Of Arraignment
An arraignment takes place for the purpose of fixing his identity and hearing his plea. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, ...
- Texas Code of Criminal Procedure Article 26.03 - Time Of Arraignment
No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was ...
- Texas Code of Criminal Procedure Article 26.04 - Procedures For Appointing Counsel
(a) The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county, by local rule, shall adopt and ...
- Texas Code of Criminal Procedure Article 26.044 - Public Defender
(a) In this chapter: (1) "Governmental entity" includes a county, a group of counties, a branch or agency of a county, an administrative judicial region ...
- Texas Code of Criminal Procedure Article 26.05 - Compensation Of Counsel Appointed To Defend
(a) A counsel, other than an attorney with a public defender, appointed to represent a defendant in a criminal proceeding, including a habeas corpus hearing, ...
- Texas Code of Criminal Procedure Article 26.051 - Indigent Inmate Defense
(a) In this article: (1) "Board" means the Texas Board of Criminal Justice. (2) "Institutional division" means the institutional division of the Texas Department of ...
- Texas Code of Criminal Procedure Article 26.052 - Appointment Of Counsel In Death Penalty Case; Reimbursement Of Investigative Expenses
(a) Notwithstanding any other provision of this chapter, this article establishes procedures in death penalty cases for appointment and payment of counsel to represent indigent ...
- Texas Code of Criminal Procedure Article 26.053 - Public Defender In Randall County
(a) The Commissioners Court of Randall County may appoint an attorney to serve as a public defender. The public defender serves at the pleasure of ...
- Texas Code of Criminal Procedure Article 26.055 - Contribution From State For Defense Of Indigent Inmates
Sec. 1. (a) This article applies only to an attorney appointed under Article 26.05 of this code to defend an indigent inmate before August 1, ...
- Texas Code of Criminal Procedure Article 26.056 - Contribution From State In Certain Counties
Sec. 1. A county in which a state training school for delinquent children is located shall pay from its general fund the first $250 of ...
- Texas Code of Criminal Procedure Article 26.057 - Cost Of Employment Of Counsel For Certain Minors
If a juvenile has been transferred to a criminal court under Section 54.02, Family Code, and if a court appoints counsel for the juvenile under ...
- Texas Code of Criminal Procedure Article 26.06 - Elected Officials Not To Be Appointed
No court may appoint an elected county, district or state official to represent a person accused of crime, unless the official has notified the court ...
- Texas Code of Criminal Procedure Article 26.07 - Name As Stated In Indictment
When the defendant is arraigned, his name, as stated in the indictment, shall be distinctly called; and unless he suggest by himself or counsel that ...
- Texas Code of Criminal Procedure Article 26.08 - If Defendant Suggests Different Name
If the defendant, or his counsel for him, suggests that he bears some name different from that stated in the indictment, the same shall be ...
- Texas Code of Criminal Procedure Article 26.09 - If Accused Refuses To Give His Real Name
If the defendant alleges that he is not indicted by his true name, and refuses to say what his real name is, the cause shall ...
- Texas Code of Criminal Procedure Article 26.10 - Where Name Is Unknown
A defendant described as a person whose name is unknown may have the indictment so corrected as to give therein his true name. Acts 1965, ...
- Texas Code of Criminal Procedure Article 26.11 - Indictment Read
The name of the accused having been called, if no suggestion, such as is spoken of in the four preceding Articles, be made, or being ...
- Texas Code of Criminal Procedure Article 26.12 - Plea Of Not Guilty Entered
If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court; if he refuses to answer, ...
- Texas Code of Criminal Procedure Article 26.13 - Plea Of Guilty
(a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of: (1) the range of ...
- Texas Code of Criminal Procedure Article 26.14 - Jury On Plea Of Guilty
Where a defendant in a case of felony persists in pleading guilty or in entering a plea of nolo contendere, if the punishment is not ...
- Texas Code of Criminal Procedure Article 26.15 [503] [567] [556] CORRECTING NAME. In any case,
the same proceedings shall be had with respect to the name of the
defendant and the correction of the indictment or information as
provided with respect to the same in capital cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan - 1, 1966
...
- Texas Code of Criminal Procedure Article 27.01 - Indictment Or Information
The primary pleading in a criminal action on the part of the State is the indictment or information. Acts 1965, 59th Leg., p. 317, ch. ...
- Texas Code of Criminal Procedure Article 27.02 - Defendant's Pleadings
The pleadings and motions of the defendant shall be: (1) A motion to set aside or an exception to an indictment or information for some ...
- Texas Code of Criminal Procedure Article 27.03 - Motion To Set Aside Indictment
In addition to any other grounds authorized by law, a motion to set aside an indictment or information may be based on the following: 1. ...
- Texas Code of Criminal Procedure Article 27.04 - Motion Tried By Judge
An issue of fact arising upon a motion to set aside an indictment or information shall be tried by the judge without a jury. Acts ...
- Texas Code of Criminal Procedure Article 27.05 - Defendant's Special Plea
A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal ...
- Texas Code of Criminal Procedure Article 27.06 - Special Plea Verified
Every special plea shall be verified by the affidavit of the defendant. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, ...
- Texas Code of Criminal Procedure Article 27.07 - Special Plea Tried
All issues of fact presented by a special plea shall be tried by the trier of the facts on the trial on the merits. Acts ...
- Texas Code of Criminal Procedure Article 27.08 - Exception To Substance Of Indictment
There is no exception to the substance of an indictment or information except: 1. That it does not appear therefrom that an offense against the ...
- Texas Code of Criminal Procedure Article 27.09 - Exception To Form Of Indictment
Exceptions to the form of an indictment or information may be taken for the following causes only: 1. That it does not appear to have ...
- Texas Code of Criminal Procedure Article 27.10 - Written Pleadings
All motions to set aside an indictment or information and all special pleas and exceptions shall be in writing. Acts 1965, 59th Leg., p. 317, ...
- Texas Code of Criminal Procedure Article 27.11 - Ten Days Allowed For Filing Pleadings
In all cases the defendant shall be allowed ten entire days, exclusive of all fractions of a day after his arrest, and during the term ...
- Texas Code of Criminal Procedure Article 27.12 - Time After Service
In cases where the defendant is entitled to be served with a copy of the indictment, he shall be allowed the ten days time mentioned ...
- Texas Code of Criminal Procedure Article 27.13 - Plea Of Guilty Or Nolo Contendere In Felony
A plea of "guilty" or a plea of "nolo contendere" in a felony case must be made in open court by the defendant in person; ...
- Texas Code of Criminal Procedure Article 27.14 - Plea Of Guilty Or Nolo Contendere In Misdemeanor
(a) A plea of "guilty" or a plea of "nolo contendere" in a misdemeanor case may be made either by the defendant or his counsel ...
- Texas Code of Criminal Procedure Article 27.15 - Change Of Venue To Plead Guilty
When in any county which is located in a judicial district composed of more than one county, a party is charged with a felony and ...
- Texas Code of Criminal Procedure Article 27.16 - Plea Of Not Guilty, How Made
(a) The plea of not guilty may be made orally by the defendant or by his counsel in open court. If the defendant refuses to ...
- Texas Code of Criminal Procedure Article 27.17 - Plea Of Not Guilty Construed
The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. Under this plea, evidence ...
- Texas Code of Criminal Procedure Article 27.18 - Plea Or Waiver Of Rights By Closed Circuit Video Teleconferencing
(a) Notwithstanding any provision of this code requiring that a plea or a waiver of a defendant's right be made in open court, a court ...
- Texas Code of Criminal Procedure Article 28.01 - Pre-Trial
Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the ...
- Texas Code of Criminal Procedure Article 28.02 - Order Of Argument
The counsel of the defendant has the right to open and conclude the argument upon all pleadings of the defendant presented for the decision of ...
- Texas Code of Criminal Procedure Article 28.03 - Process For Testimony On Pleadings
When the matters involved in any written pleading depend in whole or in part upon testimony, and not altogether upon the record of the court, ...
- Texas Code of Criminal Procedure Article 28.04 - Quashing Charge In Misdemeanor
If the motion to set aside or the exception to an indictment or information is sustained, the defendant in a misdemeanor case shall be discharged, ...
- Texas Code of Criminal Procedure Article 28.05 - Quashing Indictment In Felony
If the motion to set aside or the exception to the indictment in cases of felony be sustained, the defendant shall not therefor be discharged, ...
- Texas Code of Criminal Procedure Article 28.06 - Shall Be Fully Discharged, When
Where, after the motion or exception is sustained, it is made known to the court by sufficient testimony that the offense of which the defendant ...
- Texas Code of Criminal Procedure Article 28.061 - Discharge For Delay
If a motion to set aside an indictment, information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the ...
- Texas Code of Criminal Procedure Article 28.07 - If Exception Is That No Offense Is Charged
If an exception to an indictment or information is taken and sustained upon the ground that there is no offense against the law charged therein, ...
- Texas Code of Criminal Procedure Article 28.08 - When Defendant Is Held By Order Of Court
If the motion to set aside the indictment or any exception thereto is sustained, but the court refuses to discharge the defendant, then at the ...
- Texas Code of Criminal Procedure Article 28.09 - Exception On Account Of Form Or Substance
If the exception to an indictment or information is sustained, the information or indictment may be amended if permitted by Article 28.10 of this code, ...
- Texas Code of Criminal Procedure Article 28.10 - Amendment Of Indictment Or Information
(a) After notice to the defendant, a matter of form or substance in an indictment or information may be amended at any time before the ...
- Texas Code of Criminal Procedure Article 28.11 - How Amended
All amendments of an indictment or information shall be made with the leave of the court and under its direction. Acts 1965, 59th Leg., p. ...
- Texas Code of Criminal Procedure Article 28.12 - Exception And Trial Of Special Pleas
When a special plea is filed by the defendant, the State may except to it for substantial defects. If the exception be sustained, the plea ...
- Texas Code of Criminal Procedure Article 28.13 - Former Acquittal Or Conviction
A former judgment of acquittal or conviction in a court of competent jurisdiction shall be a bar to any further prosecution for the same offense, ...
- Texas Code of Criminal Procedure Article 28.14 - Plea Allowed
Judgment shall, in no case, be given against the defendant where his motion, exception or plea is overruled; but in all cases the plea of ...
- Texas Code of Criminal Procedure Article 29.01 - By Operation Of Law
Criminal actions are continued by operation of law if: (1) The individual defendant has not been arrested; (2) A defendant corporation or association has not ...
- Texas Code of Criminal Procedure Article 29.011 - Religious Holy Day
(a) In this article: (1) "Religious organization" means an organization that meets the standards for qualifying as a religious organization under Section 11.20, Tax Code. ...
- Texas Code of Criminal Procedure Article 29.012 - Religious Holy Day
(a) In this article: (1) "Religious organization" means an organization that meets the standards for qualification as a religious organization under Section 11.20, Tax Code. ...
- Texas Code of Criminal Procedure Article 29.02 - By Agreement
A criminal action may be continued by consent of the parties thereto, in open court, at any time on a showing of good cause, but ...
- Texas Code of Criminal Procedure Article 29.03 - For Sufficient Cause Shown
A criminal action may be continued on the written motion of the State or of the defendant, upon sufficient cause shown; which cause shall be ...
- Texas Code of Criminal Procedure Article 29.04 - First Motion By State
It shall be sufficient, upon the first motion by the State for a continuance, if the same be for the want of a witness, to ...
- Texas Code of Criminal Procedure Article 29.05 - Subsequent Motion By State
On any subsequent motion for a continuance by the State, for the want of a witness, the motion, in addition to the requisites in the ...
- Texas Code of Criminal Procedure Article 29.06 - First Motion By Defendant
In the first motion by the defendant for a continuance, it shall be necessary, if the same be on account of the absence of a ...
- Texas Code of Criminal Procedure Article 29.07 - Subsequent Motion By Defendant
Subsequent motions for continuance on the part of the defendant shall, in addition to the requisites in the preceding Article, state also: 1. That the ...
- Texas Code of Criminal Procedure Article 29.08 - Motion Sworn To
All motions for continuance must be sworn to by a person having personal knowledge of the facts relied on for the continuance. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 29.09 - Controverting Motion
Any material fact stated, affecting diligence, in a motion for a continuance, may be denied in writing by the adverse party. The denial shall be ...
- Texas Code of Criminal Procedure Article 29.10 - When Denial Is Filed
When such denial is filed, the issue shall be tried by the judge; and he shall hear testimony by affidavits, and grant or refuse continuance, ...
- Texas Code of Criminal Procedure Article 29.11 - Argument
No argument shall be heard on a motion for a continuance, unless requested by the judge; and when argument is heard, the applicant shall have ...
- Texas Code of Criminal Procedure Article 29.12 - Bail Resulting From Continuance
If a defendant in a capital case demand a trial, and it appears that more than one continuance has been granted to the State, and ...
- Texas Code of Criminal Procedure Article 29.13 - Continuance After Trial Is Begun
A continuance or postponement may be granted on the motion of the State or defendant after the trial has begun, when it is made to ...
- Texas Code of Criminal Procedure Article 30.01 - Causes Which Disqualify
No judge or justice of the peace shall sit in any case where he may be the party injured, or where he has been of ...
- Texas Code of Criminal Procedure Article 30.02 - District Judge Disqualified
Whenever any case is pending in which the district judge or criminal district judge is disqualified from trying the case, no change of venue shall ...
- Texas Code of Criminal Procedure Article 30.07 - Justice Disqualified
If a justice of the peace be disqualified from sitting in any criminal action pending before him, he shall transfer the same to any justice ...
- Texas Code of Criminal Procedure Article 30.08 - Order Of Transfer
In cases provided for in the preceding Article, the order of transfer shall state the cause of the transfer, and name the court to which ...
- Texas Code of Criminal Procedure Article 31.01 - On Court's Own Motion
Whenever in any case of felony or misdemeanor punishable by confinement, the judge presiding shall be satisfied that a trial, alike fair and impartial to ...
- Texas Code of Criminal Procedure Article 31.02 - State May Have
Whenever the district or county attorney shall represent in writing to the court before which any felony or misdemeanor case punishable by confinement, is pending, ...
- Texas Code of Criminal Procedure Article 31.03 - Granted On Motion Of Defendant
(a) A change of venue may be granted in any felony or misdemeanor case punishable by confinement on the written motion of the defendant, supported ...
- Texas Code of Criminal Procedure Article 31.04 - Motion May Be Controverted
The credibility of the persons making affidavit for change of venue, or their means of knowledge, may be attacked by the affidavit of a credible ...
- Texas Code of Criminal Procedure Article 31.05 - Clerk's Duties On Change Of Venue
Where an order for a change of venue of any court in any criminal cause in this State has been made the clerk of the ...
- Texas Code of Criminal Procedure Article 31.06 - If Defendant Be In Custody
When the venue is changed in any criminal action if the defendant be in custody, an order shall be made for his removal to the ...
- Texas Code of Criminal Procedure Article 31.07 - Witness Need Not Again Be Summoned
When the venue in a criminal action has been changed, it shall not be necessary to have the witnesses therein again subpoenaed, attached or bailed, ...
- Texas Code of Criminal Procedure Article 31.08 - Return To County Of Original Venue
Sec. 1. (a) On the completion of a trial in which a change of venue has been ordered and after the jury has been discharged, ...
- Texas Code of Criminal Procedure Article 31.09 - Change Of Venue; Use Of Existing Services
(a) If a change of venue in a criminal case is ordered under this chapter, the judge ordering the change of venue may, with the ...
- Texas Code of Criminal Procedure Article 32.01 - Defendant In Custody And No Indictment Presented
When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered ...
- Texas Code of Criminal Procedure Article 32.02 - Dismissal By State's Attorney
The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the ...
- Texas Code of Criminal Procedure Article 32A.01 - Trial Priorities
Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases, and the trial of a criminal ...
- Texas Code of Criminal Procedure Article 33.01 - Jury Size
(a) Except as provided by Subsection (b), in the district court, the jury shall consist of twelve qualified jurors. In the county court and inferior ...
- Texas Code of Criminal Procedure Article 33.011 - Alternate Jurors
(a) In district courts, the judge may direct that not more than four jurors in addition to the regular jury be called and impaneled to ...
- Texas Code of Criminal Procedure Article 33.02 - Failure To Register
Failure to register to vote shall not disqualify any person from jury service. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. ...
- Texas Code of Criminal Procedure Article 33.03 - Presence Of Defendant
In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor ...
- Texas Code of Criminal Procedure Article 33.04 - May Appear By Counsel
In other misdemeanor cases, the defendant may, by consent of the State's attorney, appear by counsel, and the trial may proceed without his personal presence. ...
- Texas Code of Criminal Procedure Article 33.05 - On Bail During Trial
If the defendant is on bail when the trial commences, such bail shall be considered as discharged if he is acquitted. If a verdict of ...
- Texas Code of Criminal Procedure Article 33.06 - Sureties Bound In Case Of Mistrial
If there be a mistrial in a felony case, the original sureties, if any, of the defendant shall be still held bound for his appearance ...
- Texas Code of Criminal Procedure Article 33.07 - Criminal Docket
Each clerk of a court of record having criminal jurisdiction shall keep a docket in which shall be set down the style and file number ...
- Texas Code of Criminal Procedure Article 33.08 - To Fix Day For Criminal Docket
The district courts and county courts shall have control of their respective dockets as to the settings of criminal cases. Acts 1965, 59th Leg., p. ...
- Texas Code of Criminal Procedure Article 33.09 - Jury Drawn
Jury panels, including special venires, for the trial of criminal cases shall be selected and summoned (with return on summons) in the same manner as ...
- Texas Code of Criminal Procedure Article 34.01 - Special Venire
A "special venire" is a writ issued in a capital case by order of the district court, commanding the sheriff to summon either verbally or ...
- Texas Code of Criminal Procedure Article 34.02 - Additional Names Drawn
In any criminal case in which the court deems that the veniremen theretofore drawn will be insufficient for the trial of the case, or in ...
- Texas Code of Criminal Procedure Article 34.03 - Instructions To Sheriff
When the sheriff is ordered by the court to summon persons upon a special venire whose names have not been selected under the Jury Wheel ...
- Texas Code of Criminal Procedure Article 34.04 - Notice Of List
No defendant in a capital case in which the state seeks the death penalty shall be brought to trial until he shall have had at ...
- Texas Code of Criminal Procedure Article 34.05 - Mechanical Or Electronic Selection Method
A mechanical or electronic method of jury selection as provided by Chapter 62, Government Code, may be used under this chapter. Added by Acts 1995, ...
- Texas Code of Criminal Procedure Article 35.01 - Jurors Called
When a case is called for trial and the parties have announced ready for trial, the names of those summoned as jurors in the case ...
- Texas Code of Criminal Procedure Article 35.02 - Sworn To Answer Questions
To those present the court shall cause to be administered this oath: "You, and each of you, solemnly swear that you will make true answers ...
- Texas Code of Criminal Procedure Article 35.03 - Excuses
Sec. 1. Except as provided by Sections 2 and 3 of this article, the court shall then hear and determine excuses offered for not serving ...
- Texas Code of Criminal Procedure Article 35.04 - Claiming Exemption
Any person summoned as a juror who is exempt by law from jury service may establish his exemption without appearing in person by filing a ...
- Texas Code of Criminal Procedure Article 35.05 - Excused By Consent
One summoned upon a special venire may by consent of both parties be excused from attendance by the court at any time before he is ...
- Texas Code of Criminal Procedure Article 35.06 - Challenge To Array First Heard
The court shall hear and determine a challenge to the array before interrogating those summoned as to their qualifications. Acts 1965, 59th Leg., p. 317, ...
- Texas Code of Criminal Procedure Article 35.07 - Challenge To The Array
Each party may challenge the array only on the ground that the officer summoning the jury has wilfully summoned jurors with a view to securing ...
- Texas Code of Criminal Procedure Article 35.08 - When Challenge Is Sustained
The array of jurors summoned shall be discharged if the challenge be sustained, and the court shall order other jurors to be summoned in their ...
- Texas Code of Criminal Procedure Article 35.09 - List Of New Venire
When a challenge to the array has been sustained, the defendant shall be entitled, as in the first instance, to service of a copy of ...
- Texas Code of Criminal Procedure Article 35.10 - Court To Try Qualifications
When no challenge to the array has been made, or if made, has been over-ruled, the court shall proceed to try the qualifications of those ...
- Texas Code of Criminal Procedure Article 35.11 - Preparation Of List
The trial judge, on the demand of the defendant or his attorney, or of the State's counsel, shall cause a sufficient number of jurors from ...
- Texas Code of Criminal Procedure Article 35.12 - Mode Of Testing
(a) In testing the qualification of a prospective juror after the juror has been sworn, the juror shall be asked by the court, or under ...
- Texas Code of Criminal Procedure Article 35.13 - Passing Juror For Challenge
A juror in a capital case in which the state has made it known it will seek the death penalty, held to be qualified, shall ...
- Texas Code of Criminal Procedure Article 35.14 - A Peremptory Challenge
A peremptory challenge is made to a juror without assigning any reason therefor. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. ...
- Texas Code of Criminal Procedure Article 35.15 - Number Of Challenges
(a) In capital cases in which the State seeks the death penalty both the State and defendant shall be entitled to fifteen peremptory challenges. Where ...
- Texas Code of Criminal Procedure Article 35.16 - Reasons For Challenge For Cause
(a) A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve ...
- Texas Code of Criminal Procedure Article 35.17 - Voir Dire Examination
1. When the court in its discretion so directs, except as provided in Section 2, the state and defendant shall conduct the voir dire examination ...
- Texas Code of Criminal Procedure Article 35.18 - Other Evidence On Challenge
Upon a challenge for cause, the examination is not confined to the answers of the juror, but other evidence may be heard for or against ...
- Texas Code of Criminal Procedure Article 35.19 - Absolute Disqualification
No juror shall be impaneled when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16, though ...
- Texas Code of Criminal Procedure Article 35.20 - Names Called In Order
In selecting the jury from the persons summoned, the names of such persons shall be called in the order in which they appear upon the ...
- Texas Code of Criminal Procedure Article 35.21 - Judge To Decide Qualifications
The court is the judge, after proper examination, of the qualifications of a juror, and shall decide all challenges without delay and without argument thereupon. ...
- Texas Code of Criminal Procedure Article 35.22 - Oath To Jury
When the jury has been selected, the following oath shall be administered them by the court or under its direction: "You and each of you ...
- Texas Code of Criminal Procedure Article 35.23 - Jurors May Separate
The court may adjourn veniremen to any day of the term. When jurors have been sworn in a felony case, the court may, at its ...
- Texas Code of Criminal Procedure Article 35.25 - Making Peremptory Challenge
In non-capital cases and in capital cases in which the State's attorney has announced that he will not qualify the jury for, or seek the ...
- Texas Code of Criminal Procedure Article 35.26 - Lists Returned To Clerk
(a) When the parties have made or declined to make their peremptory challenges, they shall deliver their lists to the clerk. Except as provided in ...
- Texas Code of Criminal Procedure Article 35.261 - Peremptory Challenges Based On Race Prohibited
(a) After the parties have delivered their lists to the clerk under Article 35.26 of this code and before the court has impanelled the jury, ...
- Texas Code of Criminal Procedure Article 35.27 - Reimbursement Of Nonresident Witnesses
Expenses for Nonresident Witnesses Sec. 1. (a) Every person subpoenaed by either party or otherwise required or requested in writing by the prosecuting attorney ...
- Texas Code of Criminal Procedure Article 35.28 - When No Clerk
In each instance in Article 35.27 in which the clerk of the court is authorized or directed to perform any act, the judge of such ...
- Texas Code of Criminal Procedure Article 35.29 - Personal Information About Jurors
Information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the ...
- Texas Code of Criminal Procedure Article 36.01 - Order Of Proceeding In Trial
(a) A jury being impaneled in any criminal action, except as provided by Subsection (b) of this article, the cause shall proceed in the following ...
- Texas Code of Criminal Procedure Article 36.02 - Testimony At Any Time
The court shall allow testimony to be introduced at any time before the argument of a cause is concluded, if it appears that it is ...
- Texas Code of Criminal Procedure Article 36.03 - Invocation Of Rule
(a) Notwithstanding Rule 614, Texas Rules of Evidence, a court at the request of a party may order the exclusion of a witness who for ...
- Texas Code of Criminal Procedure Article 36.05 - Not To Hear Testimony
Witnesses under rule shall be attended by an officer, and all their reasonable wants provided for, unless the court, in its discretion, directs that they ...
- Texas Code of Criminal Procedure Article 36.06 - Instructed By The Court
Witnesses, when placed under rule, shall be instructed by the court that they are not to converse with each other or with any other person ...
- Texas Code of Criminal Procedure Article 36.07 - Order Of Argument
The order of argument may be regulated by the presiding judge; but the State's counsel shall have the right to make the concluding address to ...
- Texas Code of Criminal Procedure Article 36.08 - Number Of Arguments
The court shall never restrict the argument in felony cases to a number of addresses less than two on each side. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 36.09 - Severance On Separate Indictments
Two or more defendants who are jointly or separately indicted or complained against for the same offense or any offense growing out of the same ...
- Texas Code of Criminal Procedure Article 36.10 - Order Of Trial
If a severance is granted, the defendants may agree upon the order in which they are to be tried, but if they fail to agree, ...
- Texas Code of Criminal Procedure Article 36.11 - Discharge Before Verdict
If it appears during a trial that the court has no jurisdiction of the offense, or that the facts charged in the indictment do not ...
- Texas Code of Criminal Procedure Article 36.12 - Court May Commit
If the want of jurisdiction arises from the fact that the defendant is not liable to prosecution in the county where the indictment was presented, ...
- Texas Code of Criminal Procedure Article 36.13 - Jury Is Judge Of Facts
Unless otherwise provided in this Code, the jury is the exclusive judge of the facts, but it is bound to receive the law from the ...
- Texas Code of Criminal Procedure Article 36.14 - Charge Of Court
Subject to the provisions of Article 36.07 in each felony case and in each misdemeanor case tried in a court of record, the judge shall, ...
- Texas Code of Criminal Procedure Article 36.15 - Requested Special Charges
Before the court reads his charge to the jury, counsel on both sides shall have a reasonable time to present written instructions and ask that ...
- Texas Code of Criminal Procedure Article 36.16 - Final Charge
After the judge shall have received the objections to his main charge, together with any special charges offered, he may make such changes in his ...
- Texas Code of Criminal Procedure Article 36.17 - Charge Certified By Judge
The general charge given by the court and all special charges given or refused shall be certified by the judge and filed among the papers ...
- Texas Code of Criminal Procedure Article 36.18 - Jury May Take Charge
The jury may take to their jury room the charges given by the court after the same have been filed. They shall not be permitted ...
- Texas Code of Criminal Procedure Article 36.19 - Review Of Charge On Appeal
Whenever it appears by the record in any criminal action upon appeal that any requirement of Articles 36.14, 36.15, 36.16, 36.17 and 36.18 has been ...
- Texas Code of Criminal Procedure Article 36.21 - To Provide Jury Room
The sheriff shall provide a suitable room for the deliberation of the jury and supply them with such necessary food and lodging as he can ...
- Texas Code of Criminal Procedure Article 36.215 - Recording Of Jury Deliberations
A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the ...
- Texas Code of Criminal Procedure Article 36.22 - Conversing With Jury
No person shall be permitted to be with a jury while it is deliberating. No person shall be permitted to converse with a juror about ...
- Texas Code of Criminal Procedure Article 36.23 - Violation Of Preceding Article
Any juror or other person violating the preceding Article shall be punished for contempt of court by confinement in jail not to exceed three days ...
- Texas Code of Criminal Procedure Article 36.24 - Officer Shall Attend Jury
The sheriff of the county shall furnish the court with a bailiff during the trial of any case to attend the wants of the jury ...
- Texas Code of Criminal Procedure Article 36.25 - Written Evidence
There shall be furnished to the jury upon its request any exhibits admitted as evidence in the case. Acts 1965, 59th Leg., vol. 2, p. ...
- Texas Code of Criminal Procedure Article 36.26 - Foreman Of Jury
Each jury shall appoint one of its members foreman. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. ...
- Texas Code of Criminal Procedure Article 36.27 - Jury May Communicate With Court
When the jury wishes to communicate with the court, it shall so notify the sheriff, who shall inform the court thereof. Any communication relative to ...
- Texas Code of Criminal Procedure Article 36.28 - Jury May Have Witness Re-Examined Or Testimony Read
In the trial of a criminal case in a court of record, if the jury disagree as to the statement of any witness they may, ...
- Texas Code of Criminal Procedure Article 36.29 - If A Juror Dies Or Becomes Disabled
(a) Not less than twelve jurors can render and return a verdict in a felony case. It must be concurred in by each juror and ...
- Texas Code of Criminal Procedure -
Art. heading amended by Acts 2001, 77th Leg., ch. 1000, Sec. 1, eff. Sept. 1, 2001; Subsec. (a) amended by Acts 2001, 77th ...
- Texas Code of Criminal Procedure Article 36.30 - Discharging Jury In Misdemeanor
If nine of the jury can be kept together in a misdemeanor case in the district court, they shall not be discharged. If more than ...
- Texas Code of Criminal Procedure Article 36.31 - Disagreement Of Jury
After the cause is submitted to the jury, it may be discharged when it cannot agree and both parties consent to its discharge; or the ...
- Texas Code of Criminal Procedure Article 36.32 - Receipt Of Verdict And Final Adjournment
During the trial of any case, the term shall be deemed to have been extended until such time as the jury has rendered its verdict ...
- Texas Code of Criminal Procedure Article 36.33 - Discharge Without Verdict
When a jury has been discharged, as provided in the four preceding Articles, without having rendered a verdict, the cause may be again tried at ...
- Texas Code of Criminal Procedure Article 37.01 - Verdict
A "verdict" is a written declaration by a jury of its decision of the issue submitted to it in the case. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 37.02 - Verdict By Nine Jurors
In misdemeanor cases in the district court, where one or more jurors have been discharged from serving after the cause has been submitted to them, ...
- Texas Code of Criminal Procedure Article 37.03 - In County Court
In the county court the verdict must be concurred in by each juror. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. ...
- Texas Code of Criminal Procedure Article 37.04 - When Jury Has Agreed
When the jury agrees upon a verdict, it shall be brought into court by the proper officer; and if it states that it has agreed, ...
- Texas Code of Criminal Procedure Article 37.05 - Polling The Jury
The State or the defendant shall have the right to have the jury polled, which is done by calling separately the name of each juror ...
- Texas Code of Criminal Procedure Article 37.06 - Presence Of Defendant
In felony cases the defendant must be present when the verdict is read unless his absence is wilful or voluntary. A verdict in a misdemeanor ...
- Texas Code of Criminal Procedure Article 37.07 - Verdict Must Be General; Separate Hearing On Proper Punishment
Sec. 1. (a) The verdict in every criminal action must be general. When there are special pleas on which a jury is to find they ...
- Texas Code of Criminal Procedure Article 37.071 - Procedure In Capital Case
Sec. 1. If a defendant is found guilty in a capital felony case in which the state does not seek the death penalty, the judge ...
- Texas Code of Criminal Procedure Article 37.0711 - Procedure In Capital Case For Offense Committed Before September 1, 1991
Sec. 1. This article applies to the sentencing procedure in a capital case for an offense that is committed before September 1, 1991, whether the ...
- Texas Code of Criminal Procedure Article 37.073 - Repayment Of Rewards
(a) After a defendant has been convicted of a felony offense, the judge may order a defendant to repay all or part of a reward ...
- Texas Code of Criminal Procedure Article 37.08 - Conviction Of Lesser Included Offense
In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of ...
- Texas Code of Criminal Procedure Article 37.09 - Lesser Included Offense
An offense is a lesser included offense if: (1) it is established by proof of the same or less than all the facts required to ...
- Texas Code of Criminal Procedure Article 37.10 - Informal Verdict
(a) If the verdict of the jury is informal, its attention shall be called to it, and with its consent the verdict may, under the ...
- Texas Code of Criminal Procedure Article 37.11 - Defendants Tried Jointly
Where several defendants are tried together, the jury may convict each defendant it finds guilty and acquit others. If it agrees to a verdict as ...
- Texas Code of Criminal Procedure Article 37.12 - Judgment On Verdict
On each verdict of acquittal or conviction, the proper judgment shall be entered immediately. If acquitted, the defendant shall be at once discharged from all ...
- Texas Code of Criminal Procedure Article 37.13 - If Jury Believes Accused Insane
When a jury has been impaneled to assess the punishment upon a plea of guilty, it shall say in its verdict what the punishment is ...
- Texas Code of Criminal Procedure Article 37.14 - Acquittal Of Higher Offense As Jeopardy
If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is ...
- Texas Code of Criminal Procedure Article 38.01 - Texas Forensic Science Commission
Creation Sec. 1. The Texas Forensic Science Commission is created. Definition Sec. 2. In this article, "forensic analysis" has the meaning assigned by Article ...
- Texas Code of Criminal Procedure Article 38.03 - Presumption Of Innocence
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond ...
- Texas Code of Criminal Procedure Article 38.04 - Jury Are Judges Of Facts
The jury, in all cases, is the exclusive judge of the facts proved, and of the weight to be given to the testimony, except where ...
- Texas Code of Criminal Procedure Article 38.05 - Judge Shall Not Discuss Evidence
In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the ...
- Texas Code of Criminal Procedure Article 38.07 - Testimony In Corroboration Of Victim Of Sexual Offense
(a) A conviction under Chapter 21, Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual ...
- Texas Code of Criminal Procedure Article 38.071 - Testimony Of Child Who Is Victim Of Offense
Sec. 1. This article applies only to a hearing or proceeding in which the court determines that a child younger than 13 years of age ...
- Texas Code of Criminal Procedure Article 38.072 - Hearsay Statement Of Child Abuse Victim
Sec. 1. This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if ...
- Texas Code of Criminal Procedure Article 38.073 - Testimony Of Inmate Witnesses
In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is ...
- Texas Code of Criminal Procedure Article 38.08 - Defendant May Testify
Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify ...
- Texas Code of Criminal Procedure Article 38.10 - Exceptions To The Spousal Adverse Testimony Privilege
The privilege of a person's spouse not to be called as a witness for the state does not apply in any proceeding in which the ...
- Texas Code of Criminal Procedure Article 38.101 - Communications By Drug Abusers
A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission ...
- Texas Code of Criminal Procedure Article 38.12 - Religious Opinion
No person is incompetent to testify on account of his religious opinion or for the want of any religious belief. Acts 1965, 59th Leg., vol. ...
- Texas Code of Criminal Procedure Article 38.14 - Testimony Of Accomplice
A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; ...
- Texas Code of Criminal Procedure Article 38.141 - Testimony Of Undercover Peace Officer Or Special Investigator
(a) A defendant may not be convicted of an offense under Chapter 481, Health and Safety Code, on the testimony of a person who is ...
- Texas Code of Criminal Procedure Article 38.15 - Two Witnesses In Treason
No person can be convicted of treason except upon the testimony of at least two witnesses to the same overt act, or upon his own ...
- Texas Code of Criminal Procedure Article 38.16 - Evidence In Treason
Evidence shall not be admitted in a prosecution for treason as to an overt act not expressly charged in the indictment; nor shall any person ...
- Texas Code of Criminal Procedure Article 38.17 - Two Witnesses Required
In all cases where, by law, two witnesses, or one with corroborating circumstances, are required to authorize a conviction, if the requirement be not fulfilled, ...
- Texas Code of Criminal Procedure Article 38.18 - Perjury And Aggravated Perjury
(a) No person may be convicted of perjury or aggravated perjury if proof that his statement is false rests solely upon the testimony of one ...
- Texas Code of Criminal Procedure Article 38.19 - Intent To Defraud In Forgery
In trials of forgery, it need not be proved that the defendant committed the act with intent to defraud any particular person. It shall be ...
- Texas Code of Criminal Procedure Article 38.21 - Statement
A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion ...
- Texas Code of Criminal Procedure Article 38.22 - When Statements May Be Used
Sec. 1. In this article, a written statement of an accused means a statement signed by the accused or a statement made by the accused ...
- Texas Code of Criminal Procedure Article 38.23 - Evidence Not To Be Used
(a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, ...
- Texas Code of Criminal Procedure Article 38.25 - Written Part Of Instrument Controls
When an instrument is partly written and partly printed, the written shall control the printed portion when the two are inconsistent. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 38.27 - Evidence Of Handwriting
It is competent to give evidence of handwriting by comparison, made by experts or by the jury. Proof by comparison only shall not be sufficient ...
- Texas Code of Criminal Procedure Article 38.30 - Interpreter
(a) When a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it ...
- Texas Code of Criminal Procedure Article 38.31 - Interpreters For Deaf Persons
(a) If the court is notified by a party that the defendant is deaf and will be present at an arraignment, hearing, examining trial, or ...
- Texas Code of Criminal Procedure Article 38.32 - Presumption Of Death
(a) Upon introduction and admission into evidence of a valid certificate of death wherein the time of death of the decedent has been entered by ...
- Texas Code of Criminal Procedure Article 38.33 - Preservation And Use Of Evidence Of Certain Misdemeanor Convictions
Sec. 1. The court shall order that a defendant who is convicted of a felony or a misdemeanor offense that is punishable by confinement in ...
- Texas Code of Criminal Procedure Article 38.34 - Photographic Evidence In Theft Cases
(a) As used herein, the term "property" means tangible personal property offered for sale or lease by a person engaged in the business of selling ...
- Texas Code of Criminal Procedure Article 38.35 - Forensic Analysis Of Evidence; Admissibility
(a) In this article: (1) "Crime laboratory"' includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article. ...
- Texas Code of Criminal Procedure Article 38.36 - Evidence In Prosecutions For Murder
(a) In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding ...
- Texas Code of Criminal Procedure Article 38.37 - Evidence Of Extraneous Offenses Or Acts
Sec. 1. This article applies to a proceeding in the prosecution of a defendant for an offense under the following provisions of the Penal Code, ...
- Texas Code of Criminal Procedure Article 38.38 - Evidence Relating To Retaining Attorney
Evidence that a person has contacted or retained an attorney is not admissible on the issue of whether the person committed a criminal offense. In ...
- Texas Code of Criminal Procedure Article 38.39 - Evidence In An Aggregation Prosecution With Numerous Victims
In trials involving an allegation of a continuing scheme of fraud or theft alleged to have been committed against a large class of victims in ...
- Texas Code of Criminal Procedure Article 38.40 - Evidence Of Pregnancy
(a) In a prosecution for the death of or injury to an individual who is an unborn child, the prosecution shall provide medical or other ...
- Texas Code of Criminal Procedure Article 38.41 - Certificate Of Analysis
Sec. 1. A certificate of analysis that complies with this article is admissible in evidence on behalf of the state or the defendant to establish ...
- Texas Code of Criminal Procedure Article 38.42 - Chain Of Custody Affidavit
Sec. 1. A chain of custody affidavit that complies with this article is admissible in evidence on behalf of the state or the defendant to ...
- Texas Code of Criminal Procedure Article 38.43 - Preservation Of Evidence Containing Biological Material
(a) In a criminal case in which a defendant is convicted, the attorney representing the state, a clerk, or any other officer in possession of ...
- Texas Code of Criminal Procedure Article 38.44 - Admissibility Of Electronically Preserved Document
An electronically preserved document has the same legal significance and admissibility as if the document had been maintained in hard-copy form. If a party opposes ...
- Texas Code of Criminal Procedure Article 39.01 - In Examining Trial
When an examination takes place in a criminal action before a magistrate, the State or the defendant may have the deposition of any witness taken ...
- Texas Code of Criminal Procedure Article 39.02 - Witness Depositions
Depositions of witnesses may be taken by either the state or the defendant. When a party desires to take the deposition of a witness, the ...
- Texas Code of Criminal Procedure Article 39.03 - Officers Who May Take The Deposition
Upon the filing of such an affidavit and application, the court shall appoint, order or designate one of the following persons before whom such deposition ...
- Texas Code of Criminal Procedure Article 39.04 - Applicability Of Civil Rules
The rules prescribed in civil cases for issuance of commissions, subpoenaing witnesses, taking the depositions of witnesses and all other formalities governing depositions shall, as ...
- Texas Code of Criminal Procedure Article 39.05 - Objections
The rules of procedure as to objections in depositions in civil actions shall govern in criminal actions when not in conflict with this Code. Acts ...
- Texas Code of Criminal Procedure Article 39.06 - Written Interrogatories
When any such deposition is to be taken by written interrogatories, such written interrogatories shall be filed with the clerk of the court, and a ...
- Texas Code of Criminal Procedure Article 39.07 - Certificate
Where depositions are taken under commission in criminal actions, the officer or officers taking the same shall certify that the person deposing is the identical ...
- Texas Code of Criminal Procedure Article 39.08 - Authenticating The Deposition
The official seal and signature of the officer taking the deposition shall be attached to the certificate authenticating the deposition. Acts 1965, 59th Leg., vol. ...
- Texas Code of Criminal Procedure Article 39.09 - Non-Resident Witnesses
Depositions of a witness residing out of the State may be taken before a judge or before a commissioner of deeds and depositions for this ...
- Texas Code of Criminal Procedure Article 39.10 - Return
In all cases the return of depositions may be made as provided in civil actions. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, ...
- Texas Code of Criminal Procedure Article 39.11 - Waiver
The State and defense may agree upon a waiver of any formalities in the taking of a deposition other than that the taking of such ...
- Texas Code of Criminal Procedure Article 39.12 - Predicate To Read
Depositions taken in criminal actions shall not be read unless oath be made that the witness resides out of the State; or that since his ...
- Texas Code of Criminal Procedure Article 39.13 - Impeachment
Nothing contained in the preceding Articles shall be construed as prohibiting the use of any such evidence for impeachment purposes under the rules of evidence ...
- Texas Code of Criminal Procedure Article 39.14 - Discovery
(a) Upon motion of the defendant showing good cause therefor and upon notice to the other parties, the court in which an action is pending ...
- Texas Code of Criminal Procedure Article 40.001 - New Trial On Material Evidence
A new trial shall be granted an accused where material evidence favorable to the accused has been discovered since trial. Added by Acts 1993, 73rd ...
- Texas Code of Criminal Procedure Article 42.01 - Judgment
Sec. 1. A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal ...
- Texas Code of Criminal Procedure Article 42.011 - Judgment Affecting An Officer Or Jailer
If a person licensed under Chapter 415, Government Code, is charged with the commission of a felony and a court that knows the person is ...
- Texas Code of Criminal Procedure Article 42.012 - Finding That Controlled Substance Used To Commit Offense
In the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court determines beyond ...
- Texas Code of Criminal Procedure Article 42.013 - Finding Of Family Violence
In the trial of an offense under Title 5, Penal Code, if the court determines that the offense involved family violence, as defined by Section ...
- Texas Code of Criminal Procedure Article 42.014 - Finding That Offense Was Committed Because Of Bias Or Prejudice
(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an ...
- Texas Code of Criminal Procedure Article 42.015 - Finding Of Age Of Victim
In the trial of an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those ...
- Texas Code of Criminal Procedure Article 42.016 - Special Driver's License Or Identification Requirements For Certain Sex Offenders
If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a ...
- Texas Code of Criminal Procedure Article 42.017 - Finding Regarding Age-Based Offense
In the trial of an offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code, the judge shall make an affirmative finding of fact and ...
- Texas Code of Criminal Procedure Article 42.018 - Notice Provided By Clerk Of Court
(a) This article applies only: (1) to conviction or deferred adjudication granted on the basis of: (A) an offense under Title 5, Penal Code; or ...
- Texas Code of Criminal Procedure Article 42.0181 - Notice Of Theft, Fraud, Money Laundering, Or Insurance Fraud Provided By Clerk Of Court
Not later than the fifth day after the date a person who holds a certificate of authority, license, or other authority issued by the Texas ...
- Texas Code of Criminal Procedure Article 42.019 - Motor Fuel Theft
(a) A judge shall enter an affirmative finding in the judgment in a case if the judge or jury, whichever is the finder of fact, ...
- Texas Code of Criminal Procedure Article 42.02 - Sentence
The sentence is that part of the judgment, or order revoking a suspension of the imposition of a sentence, that orders that the punishment be ...
- Texas Code of Criminal Procedure Article 42.023 - Judge May Consider Alternative Sentencing
Before pronouncing sentence on a defendant convicted of a criminal offense, the judge may consider whether the defendant should be committed for care and treatment ...
- Texas Code of Criminal Procedure Article 42.03 - Pronouncing Sentence; Time; Credit For Time Spent In Jail Between Arrest And Sentence Or Pending Appeal
Sec. 1. (a) Except as provided in Article 42.14, sentence shall be pronounced in the defendant's presence. (b) The court shall permit a victim, close ...
- Texas Code of Criminal Procedure Article 42.031 - Work Release Program
Sec. 1. (a) The sheriff of each county may attempt to secure employment for each defendant sentenced to the county jail work release program under ...
- Texas Code of Criminal Procedure Article 42.032 - Good Conduct
Sec. 1. To encourage county jail discipline, a distinction may be made to give orderly, industrious, and obedient defendants the comforts and privileges they deserve. ...
- Texas Code of Criminal Procedure Article 42.033 - Sentence To Serve Time During Off-Work Hours
(a) Where jail time has been awarded to a person sentenced for a misdemeanor or sentenced to confinement in the county jail for a felony ...
- Texas Code of Criminal Procedure Article 42.034 - County Jail Work Release Program
(a) If jail time has been awarded to a person sentenced for a misdemeanor or sentenced to confinement in the county jail for a felony, ...
- Texas Code of Criminal Procedure Article 42.035 - Electronic Monitoring; House Arrest
(a) A court in a county served by a community supervision and corrections department that has an electronic monitoring program approved by the community justice ...
- Texas Code of Criminal Procedure Article 42.036 - Community Service
(a) A court may require a defendant, other than a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, to serve all or part ...
- Texas Code of Criminal Procedure Article 42.037 - Restitution
(a) In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make ...
- Texas Code of Criminal Procedure Article 42.0371 - Mandatory Restitution For Kidnapped Or Abducted Children
(a) The court shall order a defendant convicted of an offense under Chapter 20, Penal Code, or Section 25.03, 25.031, or 25.04, Penal Code, to ...
- Texas Code of Criminal Procedure Article 42.038 - Reimbursement For Confinement Expenses
(a) In addition to any fine, cost, or fee authorized by law, a court that sentences a defendant convicted of a misdemeanor to serve a ...
- Texas Code of Criminal Procedure Article 42.04 - Sentence When Appeal Is Taken
When a defendant is sentenced to death, no date shall be set for the execution of sentence until after the receipt by the clerk of ...
- Texas Code of Criminal Procedure Article 42.05 - If Court Is About To Adjourn
The time limit within which any act is to be done within the meaning of this Code shall not be affected by the expiration of ...
- Texas Code of Criminal Procedure Article 42.07 - Reasons To Prevent Sentence
Before pronouncing sentence, the defendant shall be asked whether he has anything to say why the sentence should not be pronounced against him. The only ...
- Texas Code of Criminal Procedure Article 42.08 - Cumulative Or Concurrent Sentence
(a) When the same defendant has been convicted in two or more cases, judgment and sentence shall be pronounced in each case in the same ...
- Texas Code of Criminal Procedure Article 42.09 - Commencement Of Sentence; Status During Appeal; Pen Packet
Sec. 1. Except as provided in Sections 2 and 3, a defendant shall be delivered to a jail or to the institutional division of the ...
- Texas Code of Criminal Procedure Article 42.10 - Satisfaction Of Judgment As In Misdemeanor Convictions
When a person is convicted of a felony, and the punishment assessed is only a fine or a term in jail, or both, the judgment ...
- Texas Code of Criminal Procedure Article 42.11 - Uniform Act For Out-Of-State Probationer And Parolee Supervision
Sec. 1. This Act may be cited as the Uniform Act for out-of-State probationer and parolee supervision. Sec. 2. The Governor of this State is ...
- Texas Code of Criminal Procedure Article 42.111 - Deferral Of Proceedings In Cases Appealed To County Court
If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the ...
- Texas Code of Criminal Procedure Article 42.12 - Community Supervision
Purpose Sec. 1. It is the purpose of this article to place wholly within the state courts the responsibility for determining when the imposition ...
- Texas Code of Criminal Procedure Article 42.122. The adult probation officer of the 222nd
Judicial District receives a salary of not less than $15,000 per
annum. Also, the probation officer receives allowances, not to
exceed the amount allowed by the federal government for traveling
the most practical route to and from the place where the duties are
discharged, for his necessary travel and hotel expenses. Upon the
sworn statement of the officer, approved by the judge, the
respective counties of the judicial district pay the expenses
incurred for their regular or special term of court out of the
general county fund. In lieu of travel allowances the
commissioners court of each county, by agreement, may provide
transportation under the same terms and conditions as provided for
sheriffs.
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept - 1, 1985
...
- Texas Code of Criminal Procedure Article 42.14 - In Absence Of Defendant
The judgment and sentence in a misdemeanor case may be rendered in the absence of the defendant. Acts 1965, 59th Leg., vol. 2, p. 317, ...
- Texas Code of Criminal Procedure Article 42.141 - Battering Intervention And Prevention Program
Definitions Sec. 1. In this article: (1) "Batterer" means a person who commits repeated acts of violence or who repeatedly threatens violence against another ...
- Texas Code of Criminal Procedure Article 42.15 - Fines
(a) When the defendant is fined, the judgment shall be that the defendant pay the amount of the fine and all costs to the state. ...
- Texas Code of Criminal Procedure Article 42.151 - Fees For Abused Children's Counseling
If a court orders a defendant to pay a fee under Article 37.072 of this code, the court shall assess the fee against the defendant ...
- Texas Code of Criminal Procedure Article 42.152 - Repayment Of Reward
(a) If a judge orders a defendant to repay a reward or part of a reward under Article 37.073 of this code, the court shall ...
- Texas Code of Criminal Procedure Article 42.16 - On Other Judgment
If the punishment is any other than a fine, the judgment shall specify it, and order it enforced by the proper process. It shall also ...
- Texas Code of Criminal Procedure Article 42.17 - Transfer Under Treaty
When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders who are citizens or ...
- Texas Code of Criminal Procedure Article 42.19 - Interstate Corrections Compact
Article I. Purpose and Policy The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs ...
- Texas Code of Criminal Procedure Article 42.20 - Immunities
(a) An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not ...
- Texas Code of Criminal Procedure Article 42.21 - Notice Of Release Of Family Violence Offenders
(a) Before releasing a person convicted of a family violence offense, the entity holding the person shall make a reasonable attempt to give personal notice ...
- Texas Code of Criminal Procedure Article 42.22 - Restitution Liens
Definitions Sec. 1. In this article: (1) "Department" means the Texas Department of Transportation. (2) "Motor vehicle" has the meaning assigned by Chapter 501, ...
- Texas Code of Criminal Procedure Article 42.23 - Notification Of Court Of Family Violence Conviction
(a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. (b) If the attorney representing the state in a criminal ...
- Texas Code of Criminal Procedure Article 43.01 - Discharging Judgment For Fine
(a) When the sentence against an individual defendant is for fine and costs, he shall be discharged from the same: (1) when the amount thereof ...
- Texas Code of Criminal Procedure Article 43.02 - Payable In Money
All recognizances, bail bonds, and undertakings of any kind, whereby a party becomes bound to pay money to the State, and all fines and forfeitures ...
- Texas Code of Criminal Procedure Article 43.03 - Payment Of Fine
(a) If a defendant is sentenced to pay a fine or costs or both and the defendant defaults in payment, the court after a hearing ...
- Texas Code of Criminal Procedure Article 43.04 - If Defendant Is Absent
When a judgment and sentence have been rendered against a defendant for a fine in his absence, the court may order a capias issued for ...
- Texas Code of Criminal Procedure Article 43.05 - Capias Shall Recite What
Where such capias issues, it shall state the rendition and amount of the judgment and sentence, and command the sheriff to bring the defendant before ...
- Texas Code of Criminal Procedure Article 43.06 - Capias May Issue To Any County
The capias provided for in this Chapter may be issued to any county in the State, and shall be executed and returned as in other ...
- Texas Code of Criminal Procedure Article 43.07 - Execution For Fine And Costs
In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias was issued for the defendant; and a ...
- Texas Code of Criminal Procedure Article 43.08 - Further Enforcement Of Judgment
When a defendant has been committed to jail in default of the fine and costs adjudged against him, the further enforcement of such judgment and ...
- Texas Code of Criminal Procedure Article 43.09 - Fine Discharged
(a) When a defendant is convicted of a misdemeanor and his punishment is assessed at a pecuniary fine or is confined in a jail after ...
- Texas Code of Criminal Procedure Article 43.091 - Waiver Of Payment Of Fines And Costs For Indigent Defendants In Justice Or Municipal Court
A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of a fine or cost ...
- Texas Code of Criminal Procedure Article 43.10 - Manual Labor
Where the punishment assessed in a conviction for misdemeanor is confinement in jail for more than one day, or where in such conviction the punishment ...
- Texas Code of Criminal Procedure Article 43.101 - Voluntary Work
(a) A defendant confined in county jail awaiting trial or a defendant confined in county jail after conviction of a felony or revocation of community ...
- Texas Code of Criminal Procedure Article 43.11 - Authority For Confinement
When, by the judgment and sentence of the court, a defendant is to be confined in jail, a certified copy of such judgment and sentence ...
- Texas Code of Criminal Procedure Article 43.12 - Capias For Confinement
A capias issued for the arrest and commitment of one convicted of a misdemeanor, the penalty of which or any part thereof is a fine, ...
- Texas Code of Criminal Procedure Article 43.13 - Discharge Of Defendant
(a) A defendant who has remained in jail the length of time required by the judgment and sentence shall be discharged. The sheriff shall return ...
- Texas Code of Criminal Procedure Article 43.131 - Immunities
(a) An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not ...
- Texas Code of Criminal Procedure Article 43.14 - Execution Of Convict
Whenever the sentence of death is pronounced against a convict, the sentence shall be executed at any time after the hour of 6 p.m. on ...
- Texas Code of Criminal Procedure Article 43.141 - Scheduling Of Execution Date; Withdrawal; Modification
(a) If an initial application under Article 11.071 is timely filed, the convicting court may not set an execution date before: (1) the court of ...
- Texas Code of Criminal Procedure Article 43.15 - Warrant Of Execution
Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced, shall within ten days after the court ...
- Texas Code of Criminal Procedure Article 43.16 - Taken To Department Of Corrections
Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the Director of the Department of Corrections, if he has ...
- Texas Code of Criminal Procedure Article 43.17 - Visitors
Upon the receipt of such condemned person by the Director of the Department of Corrections, the condemned person shall be confined therein until the time ...
- Texas Code of Criminal Procedure Article 43.18 - Executioner
The Director of the Texas Department of Corrections, shall designate an executioner to carry out the death penalty provided by law. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 43.19 - Place Of Execution
The execution shall take place at a location designated by the Texas Department of Corrections in a room arranged for that purpose. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 43.20 - Present At Execution
The following persons may be present at the execution: the executioner, and such persons as may be necessary to assist him in conducting the execution; ...
- Texas Code of Criminal Procedure Article 43.21 - Escape After Sentence
If the condemned escape after sentence and before his delivery to the Director of the Department of Corrections, and be not rearrested until after the ...
- Texas Code of Criminal Procedure Article 43.22 - Escape From Department Of Corrections
If the condemned person escapes after his delivery to the Director of the Department of Corrections, and is not retaken before the time appointed for ...
- Texas Code of Criminal Procedure Article 43.23 - Return Of Director
When the execution of sentence is suspended or respited to another date, same shall be noted on the warrant and on the arrival of such ...
- Texas Code of Criminal Procedure Article 43.24 - Treatment Of Condemned
No torture, or ill treatment, or unnecessary pain, shall be inflicted upon a prisoner to be executed under the sentence of the law. Acts 1965, ...
- Texas Code of Criminal Procedure Article 43.25 - Body Of Convict
The body of a convict who has been legally executed shall be embalmed immediately and so directed by the Director of the Department of Corrections. ...
- Texas Code of Criminal Procedure Article 43.26 - Preventing Rescue
The sheriff may, when he supposes there will be a necessity, order such number of citizens of his county, or request any military or militia ...
- Texas Code of Criminal Procedure Article 44.01 - Appeal By State
(a) The state is entitled to appeal an order of a court in a criminal case if the order: (1) dismisses an indictment, information, or ...
- Texas Code of Criminal Procedure Article 44.02 - Defendant May Appeal
A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed, provided, however, before the defendant who has been convicted ...
- Texas Code of Criminal Procedure Article 44.04 - Bond Pending Appeal
(a) Pending the determination of any motion for new trial or the appeal from any misdemeanor conviction, the defendant is entitled to be released on ...
- Texas Code of Criminal Procedure Article 44.041 - Conditions In Lieu Of Bond
(a) If a defendant is confined in county jail pending appeal and is eligible for release on bond pending appeal but is financially unable to ...
- Texas Code of Criminal Procedure Article 44.07 - Right Of Appeal Not Abridged
The right of appeal, as otherwise provided by law, shall in no wise be abridged by any provision of this Chapter. Act 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 44.10 - Sheriff To Report Escape
When any such escape occurs, the sheriff who had the prisoner in custody shall immediately report the fact under oath to the district or county ...
- Texas Code of Criminal Procedure Article 44.12 - Procedure As To Bail Pending Appeal
The amount of any bail given in any felony or misdemeanor case to perfect an appeal from any court to the Court of Appeals shall ...
- Texas Code of Criminal Procedure Article 44.15 - Appellate Court May Allow New Bond
When an appeal is taken from any court of this State, by filing a bond within the time prescribed by law in such cases, and ...
- Texas Code of Criminal Procedure Article 44.16 - Appeal Bond Given Within What Time
If the defendant is not in custody, a notice of appeal as provided in Article 44.13 shall have no effect whatever until the required appeal ...
- Texas Code of Criminal Procedure Article 44.17 - Appeal To County Court, How Conducted
In all appeals to a county court from justice courts and municipal courts other than municipal courts of record, the trial shall be de novo ...
- Texas Code of Criminal Procedure Article 44.18 - Original Papers Sent Up
In appeals from justice and corporation courts, all the original papers in the case, together with the appeal bond, if any, and together, with a ...
- Texas Code of Criminal Procedure Article 44.181 - Defect In Complaint
(a) A court conducting a trial de novo based on an appeal from a justice or municipal court may dismiss the case because of a ...
- Texas Code of Criminal Procedure Article 44.19 - Witnesses Not Again Summoned
In the cases mentioned in the preceding Article, the witnesses who have been summoned or attached to appear in the case before the court below, ...
- Texas Code of Criminal Procedure Article 44.20 - Rules Governing Appeal Bonds
The rules governing the taking and forfeiture of bail shall govern appeal bonds, and the forfeiture and collection of such appeal bonds shall be in ...
- Texas Code of Criminal Procedure Article 44.25 - Cases Remanded
The courts of appeals or the Court of Criminal Appeals may reverse the judgment in a criminal action, as well upon the law as upon ...
- Texas Code of Criminal Procedure Article 44.251 - Reformation Of Sentence In Capital Case
(a) The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the institutional division of the Texas Department ...
- Texas Code of Criminal Procedure Article 44.2511 - Reformation Of Sentence In Capital Case For Offense Committed Before September 1, 1991
(a) This article applies to the reformation of a sentence of death in a capital case for an offense committed before September 1, 1991. For ...
- Texas Code of Criminal Procedure Article 44.28 - When Misdemeanor Is Affirmed
In misdemeanor cases where there has been an affirmance, no proceedings need be had after filing the mandate, except to forfeit the bond of the ...
- Texas Code of Criminal Procedure Article 44.281 - Disposition Of Fines And Costs When Misdemeanor Affirmed
In misdemeanor cases affirmed on appeal from a municipal court, the fine imposed on appeal and the costs imposed on appeal shall be collected from ...
- Texas Code of Criminal Procedure Article 44.29 - Effect Of Reversal
(a) Where the court of appeals or the Court of Criminal Appeals awards a new trial to the defendant on the basis of an error ...
- Texas Code of Criminal Procedure Article 44.33 - Hearing In Appellate Court
(a) The Court of Criminal Appeals shall make rules of posttrial and appellate procedure as to the hearing of criminal actions not inconsistent with this ...
- Texas Code of Criminal Procedure Article 44.35 - Bail Pending Habeas Corpus Appeal
In any habeas corpus proceeding in any court or before any judge in this State where the defendant is remanded to the custody of an ...
- Texas Code of Criminal Procedure Article 44.39 - Appellant Detained By Other Than Officer
If the appellant in a case of habeas corpus be detained by any person other than an officer, the sheriff receiving the mandate of the ...
- Texas Code of Criminal Procedure Article 44.41 - Who Shall Take Bail Bond
When, by the judgment of the appellate court upon cases of habeas corpus, the applicant is ordered to give bail, such judgment shall be certified ...
- Texas Code of Criminal Procedure Article 44.42 - Appeal On Forfeitures
An appeal may be taken by the defendant from every final judgment rendered upon a personal bond, bail bond or bond taken for the prevention ...
- Texas Code of Criminal Procedure Article 44.43 - Writ Of Error
The defendant may also have any such judgment as is mentioned in the preceding Article, and which may have been rendered in courts other than ...
- Texas Code of Criminal Procedure Article 44.44 - Rules In Forfeitures
In the cases provided for in the two preceding Articles, the proceeding shall be regulated by the same rules that govern civil actions where an ...
- Texas Code of Criminal Procedure Article 44.45 - Review By Court Of Criminal Appeals
(a) The Court of Criminal Appeals may review decisions of the court of appeals on its own motion. An order for review must be filed ...
- Texas Code of Criminal Procedure Article 44.46 - Reversal Of Conviction On The Basis Of Service On Jury By A Disqualified Juror
A conviction in a criminal case may be reversed on appeal on the ground that a juror in the case was absolutely disqualified from service ...
- Texas Code of Criminal Procedure Article 44.47 - Appeal Of Transfer From Juvenile Court
(a) A defendant may appeal an order of a juvenile court certifying the defendant to stand trial as an adult and transferring the defendant to ...
- Texas Code of Criminal Procedure Article 45.001 - Objectives Of Chapter
The purpose of this chapter is to establish procedures for processing cases that come within the criminal jurisdiction of the justice courts and municipal courts. ...
- Texas Code of Criminal Procedure Article 45.002 - Application Of Chapter
Criminal proceedings in the justice and municipal courts shall be conducted in accordance with this chapter, including any other rules of procedure specifically made applicable ...
- Texas Code of Criminal Procedure Article 45.003 - Definition For Certain Prosecutions
For purposes of dismissing a charge under Section 502.407 or 548.605, Transportation Code, "day" does not include Saturday, Sunday, or a legal holiday. Added by ...
- Texas Code of Criminal Procedure Article 45.011 - Rules Of Evidence
The rules of evidence that govern the trials of criminal actions in the district court apply to a criminal proceeding in a justice or municipal ...
- Texas Code of Criminal Procedure Article 45.012 - Electronically Created Records
(a) Notwithstanding any other provision of law, a document that is issued or maintained by a justice or municipal court or a notice or a ...
- Texas Code of Criminal Procedure Article 45.013 - Filing With Clerk By Mail
(a) Notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a court if: (1) ...
- Texas Code of Criminal Procedure Article 45.014 - Warrant Of Arrest
(a) When a sworn complaint or affidavit based on probable cause has been filed before the justice or municipal court, the justice or judge may ...
- Texas Code of Criminal Procedure Article 45.015 - Defendant Placed In Jail
Whenever, by the provisions of this title, the peace officer is authorized to retain a defendant in custody, the peace officer may place the defendant ...
- Texas Code of Criminal Procedure Article 45.016 - Bail
The justice or judge may require the defendant to give bail to secure the defendant's appearance in accordance with this code. If the defendant fails ...
- Texas Code of Criminal Procedure Article 45.017 - Criminal Docket
(a) The justice or judge of each court, or, if directed by the justice or judge, the clerk of the court, shall keep a docket ...
- Texas Code of Criminal Procedure Article 45.018 - Complaint
(a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense. (b) A defendant is ...
- Texas Code of Criminal Procedure Article 45.019 - Requisites Of Complaint
(a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites: (1) it must be in writing; (2) it ...
- Texas Code of Criminal Procedure Article 45.020 - Appearance By Counsel
(a) The defendant has a right to appear by counsel as in all other cases. (b) Not more than one counsel shall conduct either the ...
- Texas Code of Criminal Procedure Article 45.021 - Pleadings
All pleading of the defendant in justice or municipal court may be oral or in writing as the court may direct. Acts 1965, 59th Leg., ...
- Texas Code of Criminal Procedure Article 45.0215 - Plea By Minor And Appearance Of Parent
(a) If a defendant is younger than 17 years of age and has not had the disabilities of minority removed, the judge or justice: (1) ...
- Texas Code of Criminal Procedure Article 45.0216 - Expunction Of Certain Conviction Records Of Children
(a) In this article, "child" has the meaning assigned by Section 51.02, Family Code. (b) A person convicted of not more than one offense described ...
- Texas Code of Criminal Procedure Article 45.022 - Plea Of Guilty Or Nolo Contendere
Proof as to the offense may be heard upon a plea of guilty or a plea of nolo contendere and the punishment assessed by the ...
- Texas Code of Criminal Procedure Article 45.023 - Defendant's Plea
After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may: (1) plead guilty or not guilty; (2) enter ...
- Texas Code of Criminal Procedure Article 45.024 - Defendant's Refusal To Plead
The justice or judge shall enter a plea of not guilty if the defendant refuses to plead. Acts 1965, 59th Leg., vol. 2, p. 317, ...
- Texas Code of Criminal Procedure Article 45.025 - Defendant May Waive Jury
The accused may waive a trial by jury in writing. If the defendant waives a trial by jury, the justice or judge shall hear and ...
- Texas Code of Criminal Procedure Article 45.026 - Jury Trial; Failure To Appear
(a) A justice or municipal court may order a party who does not waive a jury trial in a justice or municipal court and who ...
- Texas Code of Criminal Procedure Article 45.027 - Jury Summoned
(a) If the accused does not waive a trial by jury, the justice or judge shall issue a writ commanding the proper officer to summon ...
- Texas Code of Criminal Procedure Article 45.028 - Other Jurors Summoned
If, from challenges or any other cause, a sufficient number of jurors are not in attendance, the justice or judge shall order the proper officer ...
- Texas Code of Criminal Procedure Article 45.029 - Peremptory Challenges
In all jury trials in a justice or municipal court, the state and each defendant in the case is entitled to three peremptory challenges. Acts ...
- Texas Code of Criminal Procedure Article 45.030 - Formation Of Jury
The justice or judge shall form the jury and administer the appropriate oath in accordance with Chapter 35. Acts 1965, 59th Leg., vol. 2, p. ...
- Texas Code of Criminal Procedure Article 45.031 - Counsel For State Not Present
If the state is not represented by counsel when the case is called for trial, the justice or judge may: (1) postpone the trial to ...
- Texas Code of Criminal Procedure Article 45.032 - Directed Verdict
If, upon the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense ...
- Texas Code of Criminal Procedure Article 45.033 - Jury Charge
The judge shall charge the jury. The charge may be made orally or in writing, except that the charge shall be made in writing if ...
- Texas Code of Criminal Procedure Article 45.034 - Jury Kept Together
The jury shall retire in charge of an officer when the cause is submitted to them, and be kept together until they agree to a ...
- Texas Code of Criminal Procedure Article 45.035 - Mistrial
A jury shall be discharged if it fails to agree to a verdict after being kept together a reasonable time. If a jury is discharged ...
- Texas Code of Criminal Procedure Article 45.036 - Verdict
(a) When the jury has agreed on a verdict, the jury shall bring the verdict into court. (b) The justice or judge shall see that ...
- Texas Code of Criminal Procedure Article 45.037 - Motion For New Trial
A motion for a new trial must be made within one day after the rendition of judgment and sentence, and not afterward. Acts 1965, 59th ...
- Texas Code of Criminal Procedure Article 45.038 - New Trial Granted
(a) Not later than the 10th day after the date that the judgment is entered, a justice or judge may, for good cause shown, grant ...
- Texas Code of Criminal Procedure Article 45.039 - Only One New Trial Granted
Not more than one new trial shall be granted the defendant in the same case. When a new trial has been granted, the justice or ...
- Texas Code of Criminal Procedure Article 45.040 - State Not Entitled To New Trial
In no case shall the state be entitled to a new trial. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon's ...
- Texas Code of Criminal Procedure Article 45.041 - Judgment
(a) The judgment and sentence, in case of conviction in a criminal action before a justice of the peace or municipal court judge, shall be ...
- Texas Code of Criminal Procedure Article 45.042 - Appeal
(a) Appeals from a justice or municipal court, including appeals from final judgments in bond forfeiture proceedings, shall be heard by the county court except ...
- Texas Code of Criminal Procedure Article 45.0425 - Appeal Bond
(a) If the court from whose judgment and sentence the appeal is taken is in session, the court must approve the bail. The amount of ...
- Texas Code of Criminal Procedure Article 45.0426 - Filing Bond Perfects Appeal
(a) When the appeal bond has been filed with the justice or judge who tried the case not later than the 10th day after the ...
- Texas Code of Criminal Procedure Article 45.043 - Effect Of Appeal
When a defendant files the appeal bond required by law with the justice or municipal court, all further proceedings in the case in the justice ...
- Texas Code of Criminal Procedure Article 45.044 - Forfeiture Of Cash Bond In Satisfaction Of Fine
(a) A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant in satisfaction of the defendant's ...
- Texas Code of Criminal Procedure Article 45.045 - Capias Pro Fine
(a) If the defendant is not in custody when the judgment is rendered or if the defendant fails to satisfy the judgment according to its ...
- Texas Code of Criminal Procedure Article 45.046 - Commitment
(a) When a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may ...
- Texas Code of Criminal Procedure Article 45.047 - Civil Collection Of Fines After Judgment
If after a judgment and sentence is entered the defendant defaults in payment of a fine, the justice or judge may order the fine and ...
- Texas Code of Criminal Procedure Article 45.048 - Discharged From Jail
(a) A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that ...
- Texas Code of Criminal Procedure Article 45.049 - Community Service In Satisfaction Of Fine Or Costs
(a) A justice or judge may require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the ...
- Texas Code of Criminal Procedure Article 45.050 - Failure To Pay Fine; Contempt: Juveniles
(a) In this article, "child" has the meaning assigned by Article 45.058(h). (b) A justice or municipal court may not order the confinement of a ...
- Texas Code of Criminal Procedure Article 45.051 - Suspension Of Sentence And Deferral Of Final Disposition
(a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine ...
- Texas Code of Criminal Procedure Article 45.0511 - Driving Safety Course Or Motorcycle Operator Course Dismissal Procedures
(a) Except as provided by Subsection (a-1), this article applies only to an alleged offense that: (1) is within the jurisdiction of a justice court ...
- Texas Code of Criminal Procedure Article 45.052 - Dismissal Of Misdemeanor Charge On Completion Of Teen Court Program
(a) A justice or municipal court may defer proceedings against a defendant who is under the age of 18 or enrolled full time in an ...
- Texas Code of Criminal Procedure Article 45.053 - Dismissal Of Misdemeanor Charge On Commitment Of Chemically Dependent Person
(a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by a ...
- Texas Code of Criminal Procedure Article 45.054 - Failure To Attend School Proceedings
(a) On a finding by a county, justice, or municipal court that an individual has committed an offense under Section 25.094, Education Code, the court ...
- Texas Code of Criminal Procedure Article 45.055 - Expunction Of Conviction And Records In Failure To Attend School Cases
(a) An individual convicted of not more than one violation of Section 25.094, Education Code, may, on or after the individual's 18th birthday, apply to ...
- Texas Code of Criminal Procedure Article 45.056 - Authority To Employ Juvenile Case Managers; Reimbursement
(a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, ...
- Texas Code of Criminal Procedure Article 45.057 - Offenses Committed By Juveniles
(a) In this article: (1) "Child" has the meaning assigned by Article 45.058(h). (2) "Residence" means any place where the child lives or resides for ...
- Texas Code of Criminal Procedure Article 45.058 - Children Taken Into Custody
(a) A child may be released to the child's parent, guardian, custodian, or other responsible adult as provided by Section 52.02(a)(1), Family Code, if the ...
- Texas Code of Criminal Procedure Article 45.059 - Children Taken Into Custody For Violation Of Juvenile Curfew Or Order
(a) A peace officer taking into custody a person younger than 17 years of age for violation of a juvenile curfew ordinance of a municipality ...
- Texas Code of Criminal Procedure Article 45.060 - Unadjudicated Children, Now Adults; Notice On Reaching Age Of Majority; Offense
(a) Except as provided by Articles 45.058 and 45.059, an individual may not be taken into secured custody for offenses alleged to have occurred before ...
- Texas Code of Criminal Procedure Article 45.101 - Justice Court Prosecutions
(a) All prosecutions in a justice court shall be conducted by the county or district attorney or a deputy county or district attorney. (b) Except ...
- Texas Code of Criminal Procedure Article 45.102 - Offenses Committed In Another County
Whenever complaint is made before any justice of the peace that a felony has been committed in any other than a county in which the ...
- Texas Code of Criminal Procedure Article 45.103 - Warrant Without Complaint
If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may ...
- Texas Code of Criminal Procedure Article 45.201 - Municipal Prosecutions
(a) All prosecutions in a municipal court shall be conducted by the city attorney of the municipality or by a deputy city attorney. (b) The ...
- Texas Code of Criminal Procedure Article 45.202 - Service Of Process
(a) All process issuing out of a municipal court may be served and shall be served when directed by the court, by a peace officer ...
- Texas Code of Criminal Procedure Article 45.203 - Collection Of Fines, Costs, And Special Expenses
(a) The governing body of each municipality shall by ordinance prescribe rules, not inconsistent with any law of this state, as may be proper to ...
- Texas Code of Criminal Procedure Article 46.03 - Insanity Defense
Secs. 1 to 3. Repealed by Acts 2005, 79th Leg., ch. 831, Sec. 1. Disposition Following Acquittal by Reason of Insanity Sec. 4(a) to (c) ...
- Texas Code of Criminal Procedure Article 46.04 - Transportation To A Mental Health Facility Or Residential Care Facility
Persons Accompanying Transport Sec. 1. (a) A patient transported from a jail or detention facility to a mental health facility or a residential care facility ...
- Texas Code of Criminal Procedure Article 46.05 - Competency To Be Executed
(a) A person who is incompetent to be executed may not be executed. (b) The trial court retains jurisdiction over motions filed by or for ...
- Texas Code of Criminal Procedure Article 47.01 - Subject To Order Of Court
(a) Except as provided by Subsection (b), an officer who comes into custody of property alleged to have been stolen shall hold it subject to ...
- Texas Code of Criminal Procedure Article 47.01a - Restoration When No Trial Is Pending
(a) If a criminal action relating to allegedly stolen property is not pending, a district judge, county court judge, statutory county court judge, or justice ...
- Texas Code of Criminal Procedure Article 47.02 - Restored On Trial
Upon the trial of any criminal action for theft, or for any other illegal acquisition of property which is by law a penal offense, the ...
- Texas Code of Criminal Procedure Article 47.03 - Schedule
When an officer seizes property alleged to have been stolen, he shall immediately file a schedule of the same, and its value, with the court ...
- Texas Code of Criminal Procedure Article 47.04 - Restored To Owner
Upon an examining trial, if it is proven to the satisfaction of the court that any person is the true owner of property alleged to ...
- Texas Code of Criminal Procedure Article 47.05 - Bond Required
If the court has any doubt as to the ownership of the property, the court may require a bond of the claimant for its re-delivery ...
- Texas Code of Criminal Procedure Article 47.06 - Property Sold
If the property is not claimed within 30 days from the conviction of the person accused of illegally acquiring it, the same procedure for its ...
- Texas Code of Criminal Procedure Article 47.07 - Owner May Recover
The real owner of the property sold under the provisions of Article 47.06 may recover such property under the same terms as prescribed in Subsection ...
- Texas Code of Criminal Procedure Article 47.08 - Written Instrument
If the property is a written instrument, it shall be deposited with the county clerk of the county where the proceedings are had, subject to ...
- Texas Code of Criminal Procedure Article 47.09 - Claimant To Pay Charges
The claimant of the property, before he shall be entitled to have the same delivered to him, shall pay all reasonable charges for the safekeeping ...
- Texas Code of Criminal Procedure Article 47.10 - Charges Of Officer
When property is sold, and the proceeds of sale are ready to be paid into the county treasury, the amount of expenses for keeping the ...
- Texas Code of Criminal Procedure Article 47.11 - Scope Of Chapter
Each provision of this Chapter relating to stolen property applies as well to property acquired in any manner which makes the acquisition a penal offense. ...
- Texas Code of Criminal Procedure Article 47.12 - Appeal
(a) Appeals from a hearing in a district court, county court, or statutory county court under Article 47.01a of this code shall be heard by ...
- Texas Code of Criminal Procedure Article 48.01 - Governor May Pardon
In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board ...
- Texas Code of Criminal Procedure Article 48.02 - Shall File Reasons
When the Governor remits fines or forfeitures, or grants reprieves, commutation of punishment or pardons, he shall file in the office of Secretary of State ...
- Texas Code of Criminal Procedure Article 48.03 - Governor's Acts Under Seal
All remissions of fines and forfeitures, and all reprieves, commutations of punishment and pardons, shall be signed by the Governor, and certified by the Secretary ...
- Texas Code of Criminal Procedure Article 48.04 - Power To Remit Fines And Forfeitures
The Governor shall have the power to remit forfeitures of bail bonds. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. ...
- Texas Code of Criminal Procedure Article 48.05 - Restoration Of Civil Rights
(a)(1) An individual convicted of an offense described by Subdivision (2) of this subsection may, except as provided by Subsection (b) of this article, submit ...
- Texas Code of Criminal Procedure Article 49.01 - Definitions
In this article: (1) "Autopsy" means a post mortem examination of the body of a person, including X-rays and an examination of the internal organs ...
- Texas Code of Criminal Procedure Article 49.02 - Applicability
This subchapter applies to the inquest into a death occurring in a county that does not have a medical examiner's office or that is not ...
- Texas Code of Criminal Procedure Article 49.03 - Powers And Duties
The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a law ...
- Texas Code of Criminal Procedure Article 49.04 - Deaths Requiring An Inquest
(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice ...
- Texas Code of Criminal Procedure Article 49.041 - Reopening An Inquest
A justice of the peace may reopen an inquest if, based on information provided by a credible person or facts within the knowledge of the ...
- Texas Code of Criminal Procedure Article 49.05 - Time And Place Of Inquest; Removal Of Property And Body From Place Of Death
(a) A justice of the peace shall conduct an inquest immediately or as soon as practicable after the justice receives notification of the death. (b) ...
- Texas Code of Criminal Procedure Article 49.06 - Hindering An Inquest
(a) A person commits an offense if the person intentionally or knowingly hinders the entrance of a justice of the peace to a premises where ...
- Texas Code of Criminal Procedure Article 49.07 - Notification Of Investigating Official
(a) A physician or other person who has possession of a body or body part of a person whose death requires an inquest under Article ...
- Texas Code of Criminal Procedure Article 49.08 - Information Leading To An Inquest
A justice of the peace conducting an inquest may act on information the justice receives from any credible person or on facts within his knowledge. ...
- Texas Code of Criminal Procedure Article 49.09 - Body Disinterred Or Cremated
(a) If a body or body part subject to investigation under Article 49.04 of this code is interred and an authorized person has not conducted ...
- Texas Code of Criminal Procedure Article 49.10 - Autopsies And Tests
(a) At his discretion, a justice of the peace may obtain the opinion of a county health officer or a physician concerning the necessity of ...
- Texas Code of Criminal Procedure Article 49.11 - Chemical Analysis
(a) A justice of the peace may obtain a chemical analysis of a sample taken from a body in order to determine whether death was ...
- Texas Code of Criminal Procedure Article 49.12 - Liability Of Person Performing Autopsy Or Test
A person who performs an autopsy or makes a test on a body on the order of a justice of the peace in the good ...
- Texas Code of Criminal Procedure Article 49.13 - Consent To Autopsy
(a) Consent for a physician to conduct an autopsy is sufficient if given by the following: (1) if the deceased was married, the surviving spouse; ...
- Texas Code of Criminal Procedure Article 49.14 - Inquest Hearing
(a) A justice of the peace conducting an inquest may hold an inquest hearing if the justice determines that the circumstances warrant the hearing. The ...
- Texas Code of Criminal Procedure Article 49.15 - Inquest Record
(a) A justice of the peace or other person authorized under this subchapter to conduct an inquest shall make an inquest record for each inquest ...
- Texas Code of Criminal Procedure Article 49.16 - Orders And Death Certificates
The justice of the peace or other person who conducts an inquest under this subchapter shall sign the death certificate and all orders made as ...
- Texas Code of Criminal Procedure Article 49.17 - Evidence
A justice of the peace shall preserve all tangible evidence that the justice accumulates in the course of an inquest that tends to show the ...
- Texas Code of Criminal Procedure Article 49.18 - Death In Custody
(a) If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as ...
- Texas Code of Criminal Procedure Article 49.19 - Warrant Of Arrest
(a) A justice of the peace who is conducting an inquest of a death under this subchapter may issue a warrant for the arrest of ...
- Texas Code of Criminal Procedure Article 49.20 - Requisites Of Warrant
A warrant of arrest issued under Article 49.19 of this code is sufficient if it: (1) is issued in the name of "The State of ...
- Texas Code of Criminal Procedure Article 49.21 - Commitment Of Homicide Suspect
At the conclusion of an inquest, if a justice of the peace finds that a person who has been arrested in the case caused or ...
- Texas Code of Criminal Procedure Article 49.22 - Sealing Premises Of Deceased
(a) If a body or body part that is subject to an inquest under Article 49.04 of this code is found on premises that were ...
- Texas Code of Criminal Procedure Article 49.23 - Office Of Death Investigator
(a) The commissioners court of a county may establish an office of death investigator and employ one or more death investigators to provide assistance to ...
- Texas Code of Criminal Procedure Article 49.24 - Notification And Report Of Death Of Resident Of Institution
(a) A superintendent or general manager of an institution who is required by Article 49.04 to report to a justice of the peace the death ...
- Texas Code of Criminal Procedure Article 49.25 - Medical Examiners
Office authorized Sec. 1. Subject to the provisions of this Act, the Commissioners Court of any county having a population of more than one ...
- Texas Code of Criminal Procedure Article 50.01 - Investigations
When an affidavit is made by a credible person before any justice of the peace that there is ground to believe that any building has ...
- Texas Code of Criminal Procedure Article 50.02 - Proceedings
The proceedings in such case shall be governed by the laws relating to inquests upon dead bodies. The officer conducting such investigations shall have the ...
- Texas Code of Criminal Procedure Article 50.03 - Verdict In Fire Inquest
The jury after inspecting the place in question and after hearing the testimony, shall deliver to the justice holding such inquest its written signed verdict ...
- Texas Code of Criminal Procedure Article 50.04 - Witnesses Bound Over
If the jury finds that any building has been unlawfully set on fire or has been attempted so to be, the justice holding such inquest ...
- Texas Code of Criminal Procedure Article 50.05 - Warrant For Accused
If the person charged with the offense, if any, be not in custody, the justice of the peace shall issue a warrant for his arrest, ...
- Texas Code of Criminal Procedure Article 50.06 - Testimony Written Down
In all such investigations, the testimony of all witnesses examined before the jury shall be reduced to writing by or under the direction of the ...
- Texas Code of Criminal Procedure Article 50.07 - Compensation
The pay of the officers and jury making such investigation shall be the same as that allowed for the holding of an inquest upon a ...
- Texas Code of Criminal Procedure Article 51.01 - Delivered Up
A person in any other State of the United States charged with treason or any felony who shall flee from justice and be found in ...
- Texas Code of Criminal Procedure Article 51.02 - To Aid In Arrest
All peace officers of the State shall give aid in the arrest and detention of a fugitive from any other State that he may be ...
- Texas Code of Criminal Procedure Article 51.03 - Magistrate's Warrant
When a complaint is made to a magistrate that any person within his jurisdiction is a fugitive from justice from another State, he shall issue ...
- Texas Code of Criminal Procedure Article 51.04 - Complaint
The complaint shall be sufficient if it recites: 1. The name of the person accused; 2. The State from which he has fled; 3. The ...
- Texas Code of Criminal Procedure Article 51.05 - Bail Or Commitment
When the accused is brought before the magistrate, he shall hear proof, and if satisfied that the accused is charged in another State with the ...
- Texas Code of Criminal Procedure Article 51.06 - Notice Of Arrest
The magistrate who held or committed such fugitive shall immediately notify the Secretary of State and the district or county attorney of his county of ...
- Texas Code of Criminal Procedure Article 51.07 - Discharge
A fugitive not arrested under a warrant from the Governor of this State before the expiration of ninety days from the day of his commitment ...
- Texas Code of Criminal Procedure Article 51.08 - Second Arrest
A person who has once been arrested under the provisions of this title and discharged under the provisions of the preceding Article or by habeas ...
- Texas Code of Criminal Procedure Article 51.09 - Governor May Demand Fugitive
When the Governor deems it proper to demand a person who has committed an offense in this State and has fled to another State, he ...
- Texas Code of Criminal Procedure Article 51.10 - Pay Of Agent; Traveling Expenses
Sec. 1. The officer or person so commissioned shall receive as compensation the actual and necessary traveling expenses upon requisition of the Governor to be ...
- Texas Code of Criminal Procedure Article 51.11 - Reward
The Governor may offer a reward for the apprehension of one accused of a felony in this State who is evading arrest, by causing such ...
- Texas Code of Criminal Procedure Article 51.12 - Sheriff To Report
Each sheriff upon the close of any regular term of the district or criminal district court in his county, or within thirty days thereafter, shall ...
- Texas Code of Criminal Procedure Article 51.13 - Uniform Criminal Extradition Act
Definitions Sec. 1. Where appearing in this Article, the term "Governor" includes any person performing the functions of Governor by authority of the laws ...
- Texas Code of Criminal Procedure Article 51.14 - Interstate Agreement On Detainers
This article may be cited as the "Interstate Agreement on Detainers Act." This agreement on detainers is hereby enacted into law and entered into by ...
- Texas Code of Criminal Procedure Article 52.01 - Courts Of Inquiry Conducted By District Judges
(a) When a judge of any district court of this state, acting in his capacity as magistrate, has probable cause to believe that an offense ...
- Texas Code of Criminal Procedure Article 52.02 - Evidence; Deposition; Affidavits
At the hearing at a Court of Inquiry, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. ...
- Texas Code of Criminal Procedure Article 52.03 - Subpoenas
The judge or his clerk has power to issue subpoenas which may be served within the same territorial limits as subpoenas issued in felony prosecutions ...
- Texas Code of Criminal Procedure Article 52.04 - Rights Of Witnesses
(a) All witnesses testifying in any Court of Inquiry have the same rights as to testifying as do defendants in felony prosecutions in this state. ...
- Texas Code of Criminal Procedure Article 52.05 - Witness Must Testify
A person may be compelled to give testimony or produce evidence when legally called upon to do so at any Court of Inquiry; however, if ...
- Texas Code of Criminal Procedure Article 52.06 - Contempt
Contempt of court in a Court of Inquiry may be punished by a fine not exceeding One Hundred Dollars ($100.00) and any witness refusing to ...
- Texas Code of Criminal Procedure Article 52.07 - Stenographic Record; Public Hearing
All evidence taken at a Court of Inquiry shall be transcribed by the court reporter and all proceedings shall be open to the public. Acts ...
- Texas Code of Criminal Procedure Article 52.08 - Criminal Prosecutions
If it appear from a Court of Inquiry or any testimony adduced therein, that an offense has been committed, the Judge shall issue a warrant ...
- Texas Code of Criminal Procedure Article 52.09 - Costs And Attorney's Fees
(a) All costs incurred in conducting a Court of Inquiry, including compensation of an attorney pro tem, shall be borne by the county in which ...
- Texas Code of Criminal Procedure Article 54.01 - Severability Clause
If any provision, section or clause of this Act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect ...
- Texas Code of Criminal Procedure Article 54.02 - Repealing Clause
Sec. 1. (a) Except as otherwise provided in this Article 54.02, all laws relating to criminal procedure in this State that are not embraced, incorporated, ...
- Texas Code of Criminal Procedure Article 54.03 - Emergency Clause
The fact that the laws relating to criminal procedure in this State have not been completely revised and re-codified in more than a century past ...
- Texas Code of Criminal Procedure Article 55.01 - Right To Expunction
(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have ...
- Texas Code of Criminal Procedure Article 55.02 - Procedure For Expunction
Sec. 1. At the request of the defendant and after notice to the state, the trial court presiding over the case in which the defendant ...
- Texas Code of Criminal Procedure Article 55.03 - Effect Of Expunction
When the order of expunction is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited; ...
- Texas Code of Criminal Procedure Article 55.04 - Violation Of Expunction Order
Sec. 1. A person who acquires knowledge of an arrest while an officer or employee of the state or of any agency or other entity ...
- Texas Code of Criminal Procedure Article 55.05 - Notice Of Right To Expunction
On release or discharge of an arrested person, the person responsible for the release or discharge shall give him a written explanation of his rights ...
- Texas Code of Criminal Procedure Article 55.06 - License Suspensions And Revocations
Records relating to the suspension or revocation of a driver's license, permit, or privilege to operate a motor vehicle may not be expunged under this ...
- Texas Code of Criminal Procedure Article 56.01 - Definitions
In this chapter: (1) "Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of ...
- Texas Code of Criminal Procedure Article 56.02 - Crime Victims' Rights
(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system: ...
- Texas Code of Criminal Procedure Article 56.03 - Victim Impact Statement
(a) The Texas Crime Victim Clearinghouse, with the participation of the Texas Adult Probation Commission and the Board of Pardons and Paroles, shall develop a ...
- Texas Code of Criminal Procedure Article 56.04 - Victim Assistance Coordinator; Crime Victim Liaison
(a) The district attorney, criminal district attorney, or county attorney who prosecutes criminal cases shall designate a person to serve as victim assistance coordinator in ...
- Texas Code of Criminal Procedure Article 56.045 - Presence Of Advocate Or Representative During Forensic Medical Examination
(a) Before conducting a forensic medical examination of a person who consents to such an examination for the collection of evidence for an alleged sexual ...
- Texas Code of Criminal Procedure Article 56.05 - Reports Required
(a) The Board of Pardons and Paroles, the Texas Adult Probation Commission, and the Texas Crime Victim Clearinghouse, designated as the planning body for the ...
- Texas Code of Criminal Procedure Article 56.06 - Medical Examination For Sexual Assault Victim; Costs
(a) If a sexual assault is reported to a law enforcement agency within 96 hours of the assault, the law enforcement agency, with the consent ...
- Texas Code of Criminal Procedure Article 56.07 - Notification
(a) At the initial contact or at the earliest possible time after the initial contact between the victim of a reported crime and the law ...
- Texas Code of Criminal Procedure Article 56.08 - Notification Of Rights By Attorney Representing The State
(a) Not later than the 10th day after the date that an indictment or information is returned against a defendant for an offense, the attorney ...
- Texas Code of Criminal Procedure Article 56.09 - Victim's Right To Privacy
As far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the ...
- Texas Code of Criminal Procedure Article 56.10 - Victim's Discovery Attendance
Unless absolutely necessary, victims or witnesses who are not incarcerated may not be required to attend depositions in a correctional facility. Added by Acts 1991, ...
- Texas Code of Criminal Procedure Article 56.11 - Notification To Victim Of Release Or Escape Of Defendant
(a) The Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff ...
- Texas Code of Criminal Procedure Article 56.12 - Notification Of Escape Or Transfer
(a) The Texas Department of Criminal Justice shall immediately notify the victim of an offense, the victim's guardian, or the victim's close relative, if the ...
- Texas Code of Criminal Procedure Article 56.13 - Victim-Offender Mediation
The victim services division of the Texas Department of Criminal Justice shall: (1) train volunteers to act as mediators between victims, guardians of victims, and ...
- Texas Code of Criminal Procedure Article 56.14 - Clearinghouse Annual Conference
(a) The Texas Crime Victim Clearinghouse may conduct an annual conference to provide to participants in the criminal justice system training containing information on crime ...
- Texas Code of Criminal Procedure Article 56.31 - Short Title
This subchapter may be cited as the Crime Victims' Compensation Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. ...
- Texas Code of Criminal Procedure Article 56.311 - Legislative Findings And Intent
The legislature recognizes that many innocent individuals suffer personal injury or death as a result of criminal acts. Crime victims and persons who intervene to ...
- Texas Code of Criminal Procedure Article 56.32 - Definitions
(a) In this subchapter: (1) "Child" means an individual younger than 18 years of age who: (A) is not married; or (B) has not had ...
- Texas Code of Criminal Procedure Article 56.33 - Administration; Rules
(a) The attorney general shall adopt rules consistent with this subchapter governing its administration, including rules relating to the method of filing claims and the ...
- Texas Code of Criminal Procedure Article 56.34 - Compensation
(a) The attorney general shall award compensation for pecuniary loss arising from criminally injurious conduct if the attorney general is satisfied by a preponderance of ...
- Texas Code of Criminal Procedure Article 56.35 - Types Of Assistance
If the attorney general approves an application for compensation under Article 56.41, the attorney general shall determine what type of state assistance will best aid ...
- Texas Code of Criminal Procedure Article 56.36 - Application
(a) An applicant for compensation under this subchapter must apply in writing on a form prescribed by the attorney general. (b) An application must be ...
- Texas Code of Criminal Procedure Article 56.37 - Time For Filing
(a) Except as otherwise provided by this article, a claimant or victim must file an application not later than three years from the date of ...
- Texas Code of Criminal Procedure Article 56.38 - Review; Verification
(a) The attorney general shall appoint a clerk to review each application for compensation under Article 56.36 to ensure the application is complete. If an ...
- Texas Code of Criminal Procedure Article 56.385 - Review Of Health Care Services
(a) The attorney general may review the actual or proposed health care services for which a claimant or victim seeks compensation in an application filed ...
- Texas Code of Criminal Procedure Article 56.39 - Mental Or Physical Examination; Autopsy
(a) An order for a mental or physical examination or an autopsy as provided by Article 56.38(c)(3) may be made for good cause shown on ...
- Texas Code of Criminal Procedure Article 56.40 - Hearings
(a) The attorney general shall determine whether a hearing on an application for compensation under this subchapter is necessary. (b) If the attorney general determines ...
- Texas Code of Criminal Procedure Article 56.41 - Approval Of Claim
(a) The attorney general shall approve an application for compensation under this subchapter if the attorney general finds by a preponderance of the evidence that ...
- Texas Code of Criminal Procedure Article 56.42 - Limits On Compensation
(a) Except as otherwise provided by this article, awards payable to a victim and all other claimants sustaining pecuniary loss because of injury or death ...
- Texas Code of Criminal Procedure Article 56.43 - Attorney Fees
(a) As part of an order, the attorney general shall determine and award reasonable attorney's fees, commensurate with legal services rendered, to be paid by ...
- Texas Code of Criminal Procedure Article 56.44 - Payments
(a) The attorney general may provide for the payment of an award in a lump sum or in installments. The attorney general shall provide that ...
- Texas Code of Criminal Procedure Article 56.45 - Denial Or Reduction Of Award
The attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate law ...
- Texas Code of Criminal Procedure Article 56.46 - Reporting Of Crime
(a) Except as otherwise provided by this article, a claimant or victim may not file an application unless the victim reports the criminally injurious conduct ...
- Texas Code of Criminal Procedure Article 56.47 - Reconsideration
(a) The attorney general, on the attorney general's own motion or on request of a claimant or victim, may reconsider: (1) a decision to make ...
- Texas Code of Criminal Procedure Article 56.48 - Judicial Review
(a) Not later than the 40th day after the attorney general renders a final decision, a claimant or victim may file with the attorney general ...
- Texas Code of Criminal Procedure Article 56.49 - Exemption; Assignability
(a) An award is not subject to execution, attachment, garnishment, or other process, except that an award is not exempt from a claim of a ...
- Texas Code of Criminal Procedure Article 56.50 - Emergency Award
(a) The attorney general may make an emergency award if, before acting on an application for compensation under this subchapter, it appears likely that: (1) ...
- Texas Code of Criminal Procedure Article 56.51 - Subrogation
If compensation is awarded under this subchapter, the state is subrogated to all the claimant's or victim's rights to receive or recover benefits for pecuniary ...
- Texas Code of Criminal Procedure Article 56.52 - Notice Of Private Action
(a) Before a claimant or victim may bring an action to recover damages related to criminally injurious conduct for which compensation under this subchapter is ...
- Texas Code of Criminal Procedure Article 56.53 - Annual Report
Annually, the attorney general shall report to the governor and the legislature on the attorney general's activities, including a statistical summary of claims and awards ...
- Texas Code of Criminal Procedure Article 56.54 - Funds
(a) The compensation to victims of crime fund and the compensation to victims of crime auxiliary fund are in the state treasury. (b) Except as ...
- Texas Code of Criminal Procedure Article 56.541 - Appropriation Of Excess Money For Other Crime Victim Assistance
(a) Not later than December 15 of each even-numbered year, the attorney general, after consulting with the comptroller, shall prepare forecasts and certify estimates of: ...
- Texas Code of Criminal Procedure Article 56.542 - Payments For Certain Disabled Peace Officers
(a) In this article, "peace officer": (1) means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under ...
- Texas Code of Criminal Procedure Article 56.58 - Adjustment Of Awards And Payments
(a) The attorney general shall establish a policy to adjust awards and payments so that the total amount of awards granted in each calendar year ...
- Texas Code of Criminal Procedure Article 56.60 - Public Notice
(a) A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notification of the existence and general ...
- Texas Code of Criminal Procedure Article 56.61 - Compensation For Certain Criminally Injurious Conduct Prohibited
The attorney general may not award compensation for economic loss arising from criminally injurious conduct that occurred before January 1, 1980. Added by Acts 1993, ...
- Texas Code of Criminal Procedure Article 56.62 - Public Letter Of Reprimand
(a) The attorney general may issue a letter of reprimand against an individual if the attorney general finds that the person has filed or has ...
- Texas Code of Criminal Procedure Article 56.63 - Civil Penalty
(a) A person is subject to a civil penalty of not less than $2,500 or more than $25,000 for each application for compensation that: (1) ...
- Texas Code of Criminal Procedure Article 56.64 - Administrative Penalty
(a) A person who presents to the attorney general under this subchapter, or engages in conduct that results in the presentation to the attorney general ...
- Texas Code of Criminal Procedure Article 57.01 - Definitions
In this chapter: (1) "Name" means the legal name of a person. (2) "Pseudonym" means a set of initials or a fictitious name chosen by ...
- Texas Code of Criminal Procedure Article 57.02 - Confidentiality Of Files And Records
(a) The Sexual Assault Prevention and Crisis Services Program of the office of the attorney general shall develop and distribute to all law enforcement agencies ...
- Texas Code of Criminal Procedure Article 57.03 - Offense
(a) A public servant with access to the name, address, or telephone number of a victim 17 years of age or older who has chosen ...
- Texas Code of Criminal Procedure Article 59.01 - Definitions
In this chapter: (1) "Attorney representing the state" means the prosecutor with felony jurisdiction in the county in which a forfeiture proceeding is held under ...
- Texas Code of Criminal Procedure Article 59.02 - Forfeiture Of Contraband
(a) Property that is contraband is subject to seizure and forfeiture under this chapter. (b) Any property that is contraband other than property held as ...
- Texas Code of Criminal Procedure Article 59.03 - Seizure Of Contraband
(a) Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of ...
- Texas Code of Criminal Procedure Article 59.04 - Notification Of Forfeiture Proceeding
(a) If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the ...
- Texas Code of Criminal Procedure Article 59.05 - Forfeiture Hearing
(a) All parties must comply with the rules of pleading as required in civil suits. (b) All cases under this chapter shall proceed to trial ...
- Texas Code of Criminal Procedure Article 59.06 - Disposition Of Forfeited Property
(a) Except as provided by Subsection (k), all forfeited property shall be administered by the attorney representing the state, acting as the agent of the ...
- Texas Code of Criminal Procedure Article 59.07 - Immunity
This chapter does not impose any additional liability on any authorized state, county, or municipal officer engaged in the lawful performance of the officer's duties. ...
- Texas Code of Criminal Procedure Article 59.08 - Deposit Of Money Pending Disposition
(a) If money that is contraband is seized, the attorney representing the state may deposit the money in an interest-bearing bank account in the jurisdiction ...
- Texas Code of Criminal Procedure Article 59.09 - Right To Attorney Not To Be Abridged
This chapter is not intended to abridge an accused person's right to counsel in a criminal case. Added by Acts 1989, 71st Leg., 1st C.S., ...
- Texas Code of Criminal Procedure Article 59.10 - Election Of Laws
If property is subject to forfeiture under this chapter and under any other law of this state, the attorney representing the state may bring forfeiture ...
- Texas Code of Criminal Procedure Article 59.11 - Report Of Seized And Forfeited Aircraft
Not later than the 10th day after the last day of each quarter of the fiscal year, the Department of Public Safety shall report to ...
- Texas Code of Criminal Procedure Article 59.12 - Seizure Of Accounts And Assets At Regulated Financial Institution
(a) This article applies to property consisting of a depository account or assets in a regulated financial institution. (b) A regulated financial institution, at the ...
- Texas Code of Criminal Procedure Article 59.13 - Disclosure Of Information Relating To Accounts And Assets At Regulated Financial Institution
(a) The attorney representing the state may disclose information to the primary state or federal financial institution regulator, including grand jury information or otherwise confidential ...
- Texas Code of Criminal Procedure Article 59.14 - Notice To Primary State And Federal Financial Institution Regulators
(a) Before taking any action under this chapter that implicates a potentially culpable officer or director of a regulated financial institution, the attorney representing the ...
- Texas Code of Criminal Procedure Article 60.01 - Definitions
In this chapter: (1) "Administration of criminal justice" means the performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, ...
- Texas Code of Criminal Procedure Article 60.02 - Information Systems
(a) The Texas Department of Criminal Justice is responsible for recording data and establishing and maintaining a data base for a corrections tracking system. (b) ...
- Texas Code of Criminal Procedure Article 60.03 - Interagency Cooperation; Confidentiality
(a) Criminal justice agencies, the Legislative Budget Board, and the council are entitled to access to the data bases of the Department of Public Safety, ...
- Texas Code of Criminal Procedure Article 60.04 - Compatibility Of Data
(a) Data supplied to the criminal justice information system must be compatible with the system and must contain both incident numbers and state identification numbers. ...
- Texas Code of Criminal Procedure Article 60.05 - Types Of Information Collected
The criminal justice information system must contain but is not limited to the following types of information for each arrest for a felony or a ...
- Texas Code of Criminal Procedure Article 60.051 - Information In Computerized Criminal History System
(a) Information in the computerized criminal history system relating to an offender must include: (1) the offender's name, including other names by which the offender ...
- Texas Code of Criminal Procedure Article 60.052 - Information In Corrections Tracking System
(a) Information in the corrections tracking system relating to a sentence to be served under the jurisdiction of the Texas Department of Criminal Justice must ...
- Texas Code of Criminal Procedure Article 60.06 - Duties Of Agencies
(a) Each criminal justice agency shall: (1) compile and maintain records needed for reporting data required by the Texas Department of Criminal Justice and the ...
- Texas Code of Criminal Procedure Article 60.061 - Information On Persons Licensed By Certain Agencies
(a) The Texas State Board of Medical Examiners, the Texas State Board of Podiatric Medical Examiners, the State Board of Dental Examiners, the Texas State ...
- Texas Code of Criminal Procedure Article 60.07 - Uniform Incident Fingerprint Card
(a) The Department of Public Safety, in consultation with the council, shall design, print, and distribute to each law enforcement agency in the state a ...
- Texas Code of Criminal Procedure Article 60.08 - Reporting
(a) The Department of Public Safety and the Texas Department of Criminal Justice shall, by rule, develop reporting procedures that: (1) ensure that the offender ...
- Texas Code of Criminal Procedure Article 60.09 - Local Data Advisory Boards
(a) The commissioners court of each county may create local data advisory boards to, among other duties: (1) analyze the structure of local automated and ...
- Texas Code of Criminal Procedure Article 60.12 - Fingerprint And Arrest Information In Computerized System
(a) The Department of Public Safety shall, when a jurisdiction transmits fingerprints and arrest information by a remote terminal accessing the statewide automated fingerprint identification ...
- Texas Code of Criminal Procedure Article 60.14 - Allocation Of Grant Program Money For Criminal Justice Programs
An agency of the state, before allocating money to a county from any federal or state grant program for the enhancement of criminal justice programs, ...
- Texas Code of Criminal Procedure Article 60.18 - Information On Subsequent Arrest Of Certain Individuals
The Texas Department of Criminal Justice and the Department of Public Safety shall develop the capability to send by electronic means information about the subsequent ...
- Texas Code of Criminal Procedure Article 60.19 - Information Related To Misused Identity
(a) On receipt of information from a local law enforcement agency under Article 2.28, the department shall: (1) provide the notice described by Subdivision (1) ...
- Texas Code of Criminal Procedure Article 60.20 - Information Related To Non-Fingerprint Supported Actions
On receipt of a report of prosecution or court disposition information from a jurisdiction for which corresponding arrest data does not exist in the computerized ...
- Texas Code of Criminal Procedure Article 60.21 - Monitoring Tracking; Information Submission
(a) The Department of Information Resources shall monitor the development of the corrections tracking system by the Texas Department of Criminal Justice to ensure implementation ...
- Texas Code of Criminal Procedure Article 61.01 - Definitions
In this chapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Child" has the meaning assigned by ...
- Texas Code of Criminal Procedure Article 61.02 - Criminal Combination And Criminal Street Gang Intelligence Database; Submission Criteria
(a) Subject to Subsection (b), a criminal justice agency may compile criminal information into an intelligence database for the purpose of investigating or prosecuting the ...
- Texas Code of Criminal Procedure Article 61.03 - Release Of Information
(a) A criminal justice agency that maintains criminal information under this chapter may release the information on request to: (1) another criminal justice agency; (2) ...
- Texas Code of Criminal Procedure Article 61.04 - Criminal Information Relating To Child
(a) Notwithstanding Chapter 58, Family Code, criminal information relating to a child associated with a combination or a criminal street gang may be compiled and ...
- Texas Code of Criminal Procedure Article 61.05 - Unauthorized Use Or Release Of Criminal Information
(a) A person commits an offense if the person knowingly: (1) uses criminal information obtained under this chapter for an unauthorized purpose; or (2) releases ...
- Texas Code of Criminal Procedure Article 61.06 - Removal Of Records Relating To An Individual Other Than A Child
(a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Youth Commission. (b) ...
- Texas Code of Criminal Procedure Article 61.07 - Removal Of Records Relating To A Child
(a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Youth Commission. (b) ...
- Texas Code of Criminal Procedure Article 61.08 - Right To Request Review Of Criminal Information
(a) On receipt of a written request of a person or the parent or guardian of a child that includes a showing by the person ...
- Texas Code of Criminal Procedure Article 61.09 - Judicial Review
(a) A person who is entitled to seek judicial review of a determination made under Article 61.08(b)(2) may file a petition for review in district ...
- Texas Code of Criminal Procedure Article 61.10 - Texas Violent Gang Task Force
(a) In this article, "task force" means the Texas Violent Gang Task Force. (b) The purpose of the task force is to form a strategic ...
- Texas Code of Criminal Procedure Article 61.11 - Gang Resource System
(a) The office of the attorney general shall establish an electronic gang resource system to provide criminal justice agencies and juvenile justice agencies with information ...
- Texas Code of Criminal Procedure Article 62.001 - Definitions
In this chapter: (1) "Department" means the Department of Public Safety. (2) "Local law enforcement authority" means the chief of police of a municipality or ...
- Texas Code of Criminal Procedure Article 62.002 - Applicability Of Chapter
(a) This chapter applies only to a reportable conviction or adjudication occurring on or after September 1, 1970. (b) Except as provided by Subsection (c), ...
- Texas Code of Criminal Procedure Article 62.003 - Determination Regarding Substantially Similar Elements Of Offense
(a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, federal law, the ...
- Texas Code of Criminal Procedure Article 62.004 - Determination Regarding Primary Registration Authority
(a) For each person subject to registration under this chapter, the department shall determine which local law enforcement authority serves as the person's primary registration ...
- Texas Code of Criminal Procedure Article 62.005 - Central Database; Public Information
(a) The department shall maintain a computerized central database containing the information required for registration under this chapter. The department may include in the computerized ...
- Texas Code of Criminal Procedure Article 62.006 - Information Provided To Peace Officer On Request
The department shall establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a driver's ...
- Texas Code of Criminal Procedure Article 62.007 - Risk Assessment Review Committee; Sex Offender Screening Tool
(a) The Texas Department of Criminal Justice shall establish a risk assessment review committee composed of at least seven members, each of whom serves on ...
- Texas Code of Criminal Procedure Article 62.008 - General Immunity
The following persons are immune from liability for good faith conduct under this chapter: (1) an employee or officer of the Texas Department of Criminal ...
- Texas Code of Criminal Procedure Article 62.009 - Immunity For Release Of Public Information
(a) The department, a penal institution, a local law enforcement authority, or an authority for campus security may release to the public information regarding a ...
- Texas Code of Criminal Procedure Article 62.010 - Rulemaking Authority
The Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, and the department may adopt any rule necessary to implement ...
- Texas Code of Criminal Procedure Article 62.051 - Registration: General
(a) A person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, ...
- Texas Code of Criminal Procedure Article 62.052 - Registration: Extrajurisdictional Registrants
(a) An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 62.058 in the same manner as a person who is ...
- Texas Code of Criminal Procedure Article 62.053 - Prerelease Notification
(a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, the Texas Department ...
- Texas Code of Criminal Procedure Article 62.054 - Circumstances Requiring Notice To Superintendent Or School Administrator
(a) A local law enforcement authority shall provide notice to the superintendent and each administrator under Article 62.053(e) or 62.055(f) only if: (1) the victim ...
- Texas Code of Criminal Procedure Article 62.055 - Change Of Address
(a) If a person required to register under this chapter intends to change address, regardless of whether the person intends to move to another state, ...
- Texas Code of Criminal Procedure Article 62.056 - Additional Public Notice For Certain Offenders
(a) On receipt of notice under this chapter that a person subject to registration is due to be released from a penal institution, has been ...
- Texas Code of Criminal Procedure Article 62.057 - Status Report By Supervising Officer Or Local Law Enforcement Authority
(a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives ...
- Texas Code of Criminal Procedure Article 62.058 - Law Enforcement Verification Of Registration Information
(a) A person subject to registration under this chapter who has for a sexually violent offense been convicted two or more times, received an order ...
- Texas Code of Criminal Procedure Article 62.059 - Registration Of Persons Regularly Visiting Location
(a) A person subject to this chapter who on at least three occasions during any month spends more than 48 consecutive hours in a municipality ...
- Texas Code of Criminal Procedure Article 62.060 - Requirements Relating To Driver's License Or Personal Identification Certificate
(a) A person subject to registration under this chapter shall apply to the department in person for the issuance of, as applicable, an original or ...
- Texas Code of Criminal Procedure Article 62.061 - Dna Specimen
A person required to register under this chapter shall comply with a request for a DNA specimen made by a law enforcement agency under Section ...
- Texas Code of Criminal Procedure Article 62.062 - Limitation On Newspaper Publication
(a) Except as provided by Subsection (b), a local law enforcement authority may not publish notice in a newspaper or other periodical or circular concerning ...
- Texas Code of Criminal Procedure Article 62.101 - Expiration Of Duty To Register
(a) Except as provided by Subsection (b) and Subchapter I, the duty to register for a person ends when the person dies if the person ...
- Texas Code of Criminal Procedure Article 62.102 - Failure To Comply With Registration Requirements
(a) A person commits an offense if the person is required to register and fails to comply with any requirement of this chapter. (b) An ...
- Texas Code of Criminal Procedure Article 62.151 - Definitions
For purposes of this subchapter, a person: (1) is employed or carries on a vocation if the person works or volunteers on a full-time or ...
- Texas Code of Criminal Procedure Article 62.152 - Registration Of Certain Workers Or Students
(a) A person is subject to this subchapter and, except as otherwise provided by this article, to the other subchapters of this chapter if the ...
- Texas Code of Criminal Procedure Article 62.153 - Registration Of Workers Or Students At Institutions Of Higher Education
(a) Not later than the later of the seventh day after the date on which the person begins to work or attend school or the ...
- Texas Code of Criminal Procedure Article 62.201 - Additional Public Notice For Individuals Subject To Civil Commitment
(a) On receipt of notice under this chapter that a person subject to registration who is civilly committed as a sexually violent predator is due ...
- Texas Code of Criminal Procedure Article 62.202 - Verification Of Individuals Subject To Commitment
(a) Notwithstanding Article 62.058, if an individual subject to registration under this chapter is civilly committed as a sexually violent predator, the person shall report ...
- Texas Code of Criminal Procedure Article 62.203 - Failure To Comply: Individuals Subject To Commitment
(a) A person commits an offense if the person, after commitment as a sexually violent predator but before the person is released from all requirements ...
- Texas Code of Criminal Procedure Article 62.251 - Removing Registration Information When Duty To Register Expires
(a) When a person is no longer required to register as a sex offender under this chapter, the department shall remove all information about the ...
- Texas Code of Criminal Procedure Article 62.301 - Exemption From Registration For Certain Young Adult Sex Offenders
(a) If eligible under Subsection (b) or (c), a person required to register under this chapter may petition the court having jurisdiction over the case ...
- Texas Code of Criminal Procedure Article 62.351 - Motion And Hearing Generally
(a) During or after disposition of a case under Section 54.04, Family Code, for adjudication of an offense for which registration is required under this ...
- Texas Code of Criminal Procedure Article 62.352 - Order Generally
(a) The court shall enter an order exempting a respondent from registration under this chapter if the court determines: (1) that the protection of the ...
- Texas Code of Criminal Procedure Article 62.353 - Motion, Hearing, And Order Concerning Person Already Registered
(a) A person who has registered as a sex offender for an adjudication of delinquent conduct, regardless of when the delinquent conduct or the adjudication ...
- Texas Code of Criminal Procedure Article 62.354 - Motion, Hearing, And Order Concerning Person Required To Register Because Of Out-Of-State Adjudication
(a) A person required to register as a sex offender in this state because of an out-of-state adjudication of delinquent conduct may file in the ...
- Texas Code of Criminal Procedure Article 62.355 - Waiver Of Hearing
(a) The prosecuting attorney may waive the state's right to a hearing under this subchapter and agree that registration under this chapter is not required. ...
- Texas Code of Criminal Procedure Article 62.356 - Effect Of Certain Orders
(a) A person who has an adjudication of delinquent conduct that would otherwise be reportable under Article 62.001(5) does not have a reportable adjudication of ...
- Texas Code of Criminal Procedure Article 62.357 - Appeal Of Certain Orders
(a) Notwithstanding Section 56.01, Family Code, on entry by a juvenile court of an order under Article 62.352(a) exempting a respondent from registration under this ...
- Texas Code of Criminal Procedure Article 62.401 - Definition
In this subchapter, "council" means the Council on Sex Offender Treatment. Added by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept. 1, 2005. ...
- Texas Code of Criminal Procedure Article 62.402 - Determination Of Minimum Required Registration Period
(a) The council by rule shall determine the minimum required registration period under 42 U.S.C. Section 14071 (Jacob Wetterling Crimes Against Children and Sexually Violent ...
- Texas Code of Criminal Procedure Article 62.403 - Individual Risk Assessment
(a) The council by rule shall establish, develop, or adopt an individual risk assessment tool or a group of individual risk assessment tools that: (1) ...
- Texas Code of Criminal Procedure Article 62.404 - Motion For Early Termination
(a) A person required to register under this chapter who has requested and received an individual risk assessment under Article 62.403 may file with the ...
- Texas Code of Criminal Procedure Article 62.405 - Hearing On Petition
(a) After reviewing a motion filed with the court under Article 62.404, the court may: (1) deny without a hearing the movant's request for early ...
- Texas Code of Criminal Procedure Article 62.406 - Costs Of Individual Risk Assessment And Of Court
A person required to register under this chapter who files a motion for early termination of the person's registration obligation under this chapter is responsible ...
- Texas Code of Criminal Procedure Article 62.407 - Effect Of Order Granting Early Termination
(a) If, after notice to the person and to the prosecuting attorney and a hearing, the court grants a motion filed under Article 62.404 for ...
- Texas Code of Criminal Procedure Article 62.408 - Nonapplicability
This subchapter does not apply to a person without a reportable conviction or adjudication who is required to register as a condition of parole, release ...
- Texas Code of Criminal Procedure Article 63.001 - Definitions
In this chapter: (1) "Child" means a person under 18 years of age. (2) "Missing person" means a person 18 years old or older whose ...
- Texas Code of Criminal Procedure Article 63.0015 - Presumption Regarding Parentage
For purposes of this chapter, a person named as a child's mother or father in the child's birth certificate is presumed to be the child's ...
- Texas Code of Criminal Procedure Article 63.002 - Missing Children And Missing Persons Information Clearinghouse
(a) The missing children and missing persons information clearinghouse is established within the Department of Public Safety. (b) The clearinghouse is under the administrative direction ...
- Texas Code of Criminal Procedure Article 63.003 - Function Of Clearinghouse
(a) The clearinghouse is a central repository of information on missing children and missing persons. (b) The clearinghouse shall: (1) establish a system of intrastate ...
- Texas Code of Criminal Procedure Article 63.004 - Report Forms
(a) The Department of Public Safety shall distribute missing children and missing person report forms. (b) A missing child or missing person report may be ...
- Texas Code of Criminal Procedure Article 63.005 - Distribution Of Information
(a) The clearinghouse shall print and distribute posters, flyers, and other forms of information containing descriptions of missing children. (b) The clearinghouse shall also provide ...
- Texas Code of Criminal Procedure Article 63.006 - Release Of Dental Records
(a) At the time a report is made for a missing child, the person to whom the report is given shall give or mail to ...
- Texas Code of Criminal Procedure Article 63.007 - Release Of Medical Records
(a) At the time a report is made for a missing child or adult, the law enforcement officer taking the report shall give a medical ...
- Texas Code of Criminal Procedure Article 63.008 - Missing Children Program
(a) The Texas Education Agency shall develop and administer a program for the location of missing children who may be enrolled within the Texas school ...
- Texas Code of Criminal Procedure Article 63.009 - Law Enforcement Requirements
(a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall: (1) if the subject of the report ...
- Texas Code of Criminal Procedure Article 63.010 - Attorney General To Require Compliance
The attorney general shall require each law enforcement agency to comply with this chapter and may seek writs of mandamus or other appropriate remedies to ...
- Texas Code of Criminal Procedure Article 63.011 - Missing Children Investigations
On the written request made to a law enforcement agency by a parent, foster parent, managing or possessory conservator, guardian of the person or the ...
- Texas Code of Criminal Procedure Article 63.012 - Report Of Inquiry
A law enforcement agency to which a request has been made under Article 63.011 of this code shall report to the parent on the results ...
- Texas Code of Criminal Procedure Article 63.013 - Information To Clearinghouse
Each law enforcement agency shall provide to the missing children and missing persons information clearinghouse any information that would assist in the location or identification ...
- Texas Code of Criminal Procedure Article 63.014 - Cross-Checking And Matching
(a) The clearinghouse shall cross-check and attempt to match unidentified bodies with missing children or missing persons. When the clearinghouse discovers a possible match between ...
- Texas Code of Criminal Procedure Article 63.015 - Availability Of Information Through Other Agencies
(a) On the request of any law enforcement agency, a city or state agency shall furnish the law enforcement agency with any information about a ...
- Texas Code of Criminal Procedure Article 63.016 - Donations
The Department of Public Safety may accept money donated from any source to assist in financing the activities and purposes of the missing children and ...
- Texas Code of Criminal Procedure Article 63.017 - Confidentiality Of Certain Records
Clearinghouse records that relate to the investigation by a law enforcement agency of a missing child, a missing person, or an unidentified body and records ...
- Texas Code of Criminal Procedure Article 63.018 - Death Certificates
A physician who performs a postmortem examination on the body of an unidentified person shall complete and file a death certificate in accordance with Chapter ...
- Texas Code of Criminal Procedure Article 63.019 - School Records System
(a) On enrollment of a child under 11 years of age in a school for the first time at the school, the school shall: (1) ...
- Texas Code of Criminal Procedure Article 63.020 - Duty Of Schools And Other Entities To Flag Missing Children's Records
(a) When a report that a child under 11 years of age is missing is received by a law enforcement agency, the agency shall immediately ...
- Texas Code of Criminal Procedure Article 63.021 - System For Flagging Records
(a) On receipt of notification by a law enforcement agency or the clearinghouse regarding a missing child under 11 years of age, the school, day ...
- Texas Code of Criminal Procedure Article 63.022 - Removal Of Flag From Records
(a) On the return of a missing child under 11 years of age, the law enforcement agency shall notify each school or day care facility ...
- Texas Code of Criminal Procedure Article 63.051 - Definitions
In this subchapter: (1) "Board" means the board of regents of the University of North Texas System. (2) "Center" means the University of North Texas ...
- Texas Code of Criminal Procedure Article 63.052 - Establishment Of Dna Database For Missing Or Unidentified Persons
(a) The board shall develop at the University of North Texas Health Science Center at Fort Worth a DNA database for any case based on ...
- Texas Code of Criminal Procedure Article 63.053 - Information Stored In Database
(a) The database required in Article 63.052 may contain only DNA genetic markers that are commonly recognized as appropriate for human identification. Except to the ...
- Texas Code of Criminal Procedure Article 63.054 - Comparison Of Samples
The center shall compare DNA samples taken from unidentified human remains with DNA samples taken from personal articles belonging to high-risk missing persons or from ...
- Texas Code of Criminal Procedure Article 63.055 - Standards Collection; Storage
In consultation with the center, the board by rule shall develop standards and guidelines for the collection of DNA samples submitted to the center and ...
- Texas Code of Criminal Procedure Article 63.056 - Collection Of Samples From Unidentified Human Remains
(a) A physician acting on the request of a justice of the peace under Subchapter A, Chapter 49, a county coroner, a county medical examiner, ...
- Texas Code of Criminal Procedure Article 63.057 - Duty Of Law Enforcement Agency To Notify Appropriate Persons Regarding Provision Of Voluntary Sample
Not later than the 30th day after the date a report of a high-risk missing person is filed, the law enforcement agency shall inform a ...
- Texas Code of Criminal Procedure Article 63.058 - Release Form
(a) The center shall develop a standard release form that authorizes a parent or other appropriate person to voluntarily provide under Article 63.057 a DNA ...
- Texas Code of Criminal Procedure Article 63.059 - Protocol For Obtaining Samples Relating To High-Risk Missing Persons
(a) The law enforcement agency shall take DNA samples from parents or other appropriate persons under Article 63.057 in any manner prescribed by the center. ...
- Texas Code of Criminal Procedure Article 63.060 - Submission Of Sample To Center
(a) Before submitting to the center a DNA sample obtained under Article 63.057, the law enforcement agency shall reverify the status of a high-risk missing ...
- Texas Code of Criminal Procedure Article 63.061 - Destruction Of Samples
All DNA samples extracted from a living person shall be destroyed after a positive identification is made and a report is issued. Added by Acts ...
- Texas Code of Criminal Procedure Article 63.062 - Confidentiality
(a) Except as provided by Subsection (b), the results of a forensic DNA analysis performed by the center are confidential. (b) The center may disclose ...
- Texas Code of Criminal Procedure Article 63.063 - Criminal Penalty
(a) A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter commits an offense ...
- Texas Code of Criminal Procedure Article 63.064 - Civil Penalty
A person who collects, processes, or stores a DNA sample from a living person for forensic DNA analysis under this subchapter and who intentionally violates ...
- Texas Code of Criminal Procedure Article 63.065 - Missing Persons Dna Database Fund
(a) The missing persons DNA database fund is a separate account in the general revenue fund. (b) Notwithstanding Article 56.54(g), the legislature may appropriate money ...
- Texas Code of Criminal Procedure Article 63.066 - Backlog Of Unidentified Human Remains: Advisory Committee And Outsourcing
(a) The center shall create an advisory committee, consisting of medical examiners, law enforcement officials, and other interested persons as determined appropriate by the center, ...
- Texas Code of Criminal Procedure Article 64.01 - Motion
(a) A convicted person may submit to the convicting court a motion for forensic DNA testing of evidence containing biological material. The motion must be ...
- Texas Code of Criminal Procedure Article 64.011 - Guardians And Other Representatives
(a) In this chapter, "guardian of a convicted person" means a person who is the legal guardian of the convicted person, whether the legal relationship ...
- Texas Code of Criminal Procedure Article 64.02 - Notice To State; Response
On receipt of the motion, the convicting court shall: (1) provide the attorney representing the state with a copy of the motion; and (2) require ...
- Texas Code of Criminal Procedure Article 64.03 - Requirements; Testing
(a) A convicting court may order forensic DNA testing under this chapter only if: (1) the court finds that: (A) the evidence: (i) still exists ...
- Texas Code of Criminal Procedure Article 64.04 - Finding
After examining the results of testing under Article 64.03, the convicting court shall hold a hearing and make a finding as to whether, had the ...
- Texas Code of Criminal Procedure Article 64.05 - Appeals
An appeal under this chapter is to a court of appeals in the same manner as an appeal of any other criminal matter, except that ...
- Texas Code of Criminal Procedure Article 7A.01 - Application For Protective Order
(a) A person who is the victim of an offense under Section 22.011 or 22.021, Penal Code, or a prosecuting attorney acting on behalf of ...
- Texas Code of Criminal Procedure Article 7A.02 - Temporary Ex Parte Order
If the court finds from the information contained in an application for a protective order that there is a clear and present danger of a ...
- Texas Code of Criminal Procedure Article 7A.03 - Required Findings; Issuance Of Protective Order
(a) At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable ...
- Texas Code of Criminal Procedure Article 7A.04 - Application Of Other Law
To the extent applicable, except as otherwise provided by this chapter, Title 4, Family Code, applies to a protective order issued under this chapter. Added ...
- Texas Code of Criminal Procedure Article 7A.05 - Conditions Specified By Order
(a) In a protective order issued under this chapter, the court may: (1) order the alleged offender to take action as specified by the court ...
- Texas Code of Criminal Procedure Article 7A.06 - Warning On Protective Order
(a) Each protective order issued under this chapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital ...
- Texas Code of Criminal Procedure Article 17A.01 - Application And Definitions
(a) This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations. Where not in conflict with this ...
- Texas Code of Criminal Procedure Article 17A.02 - Allegation Of Name
(a) In alleging the name of a defendant corporation, it is sufficient to state in the complaint, indictment, or information the corporate name, or to ...
- Texas Code of Criminal Procedure Article 17A.03 - Summoning Corporation Or Association
(a) When a complaint is filed or an indictment or information presented against a corporation or association, the court or clerk shall issue a summons ...
- Texas Code of Criminal Procedure Article 17A.04 - Service On Corporation
(a) Except as provided in Paragraph (d) of this article, a peace officer shall serve a summons on a corporation by personally delivering a copy ...
- Texas Code of Criminal Procedure Article 17A.05 - Service On Association
(a) Except as provided in Paragraph (b) of this article, a peace officer shall serve a summons on an association by personally delivering a copy ...
- Texas Code of Criminal Procedure Article 17A.06 - Appearance
(a) In all criminal actions instituted against a corporation or association, in which original jurisdiction is in a district or county-level court: (1) appearance is ...
- Texas Code of Criminal Procedure Article 17A.07 - Presence Of Corporation Or Association
(a) A defendant corporation or association appears through counsel. (b) If a corporation or association does not appear in response to summons, or appears but ...
- Texas Code of Criminal Procedure Article 17A.08 - Probation
The benefits of the adult probation laws shall not be available to corporations and associations. Added by Acts 1973, 63rd Leg., p. 981, ch. 399, ...
- Texas Code of Criminal Procedure Article 17A.09 - Notifying Attorney General Of Corporation's Conviction
If a corporation is convicted of an offense, or if a high managerial agent is convicted of an offense committed in the conduct of the ...
- Texas Code of Criminal Procedure Article 46A.01 - Testing; Segregation; Disclosure
(a) In this article "AIDS" and "HIV" have the meanings assigned those terms by Section 81.101, Health and Safety Code. (b) A county or municipality ...
- Texas Code of Criminal Procedure Article 46B.001 - Definitions
In this chapter: (1) "Department" means the Department of State Health Services. (2) "Inpatient mental health facility" has the meaning assigned by Section 571.003, Health ...
- Texas Code of Criminal Procedure Article 46B.002 - Applicability
This chapter applies to a defendant charged with a felony or with a misdemeanor punishable by confinement. Added by Acts 2003, 78th Leg., ch. 35, ...
- Texas Code of Criminal Procedure Article 46B.003 - Incompetency; Presumptions
(a) A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person's lawyer with ...
- Texas Code of Criminal Procedure Article 46B.004 - Raising Issue Of Incompetency To Stand Trial
(a) Either party may suggest by motion, or the trial court may suggest on its own motion, that the defendant may be incompetent to stand ...
- Texas Code of Criminal Procedure Article 46B.005 - Determining Incompetency To Stand Trial
(a) If after an informal inquiry the court determines that evidence exists to support a finding of incompetency, the court shall order an examination under ...
- Texas Code of Criminal Procedure Article 46B.006 - Appointment Of And Representation By Counsel
(a) A defendant is entitled to representation by counsel before any court-ordered competency evaluation and during any proceeding at which it is suggested that the ...
- Texas Code of Criminal Procedure Article 46B.007 - Admissibility Of Statements And Certain Other Evidence
A statement made by a defendant during an examination or trial on the defendant's incompetency, the testimony of an expert based on that statement, and ...
- Texas Code of Criminal Procedure Article 46B.008 - Rules Of Evidence
Notwithstanding Rule 101, Texas Rules of Evidence, the Texas Rules of Evidence apply to a trial under Subchapter C or other proceeding under this chapter ...
- Texas Code of Criminal Procedure Article 46B.009 - Time Credits
(a) A court sentencing a person convicted of a criminal offense shall credit to the term of the person's sentence the time the person is ...
- Texas Code of Criminal Procedure Article 46B.010 - Mandatory Dismissal Of Misdemeanor Charges
If a court commits a defendant who is charged with a misdemeanor punishable by confinement and the defendant is not tried before the second anniversary ...
- Texas Code of Criminal Procedure Article 46B.011 - Appeals
Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005. Added by Acts ...
- Texas Code of Criminal Procedure Article 46B.012 - Compliance With Chapter
The failure of a person to comply with this chapter does not provide a defendant with a right to dismissal of charges. Added by Acts ...
- Texas Code of Criminal Procedure Article 46B.013 - Use Of Electronic Broadcast System In Certain Proceedings Under This Chapter
(a) A hearing may be conducted using an electronic broadcast system as permitted by this chapter and in accordance with the other provisions of this ...
- Texas Code of Criminal Procedure Article 46B.021 - Appointment Of Experts
(a) On a suggestion that the defendant may be incompetent to stand trial, the court may appoint one or more disinterested experts to: (1) examine ...
- Texas Code of Criminal Procedure Article 46B.022 - Experts: Qualifications
(a) To qualify for appointment under this subchapter as an expert, a psychiatrist or psychologist must: (1) as appropriate, be a physician licensed in this ...
- Texas Code of Criminal Procedure Article 46B.023 - Custody Status
During an examination under this subchapter, except as otherwise ordered by the court, the defendant shall be maintained under the same custody or status as ...
- Texas Code of Criminal Procedure Article 46B.024 - Factors Considered In Examination
During an examination under this subchapter and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant ...
- Texas Code of Criminal Procedure Article 46B.025 - Expert's Report
(a) An expert's report to the court must state an opinion on a defendant's competency or incompetency to stand trial or explain why the expert ...
- Texas Code of Criminal Procedure Article 46B.026 - Report Deadline
(a) Except as provided by Subsection (b), an expert examining the defendant shall provide the report on the defendant' s competency or incompetency to stand ...
- Texas Code of Criminal Procedure Article 46B.027 - Compensation Of Experts; Reimbursement Of Facilities
(a) For any appointment under this chapter, the county in which the indictment was returned or information was filed shall pay for services described by ...
- Texas Code of Criminal Procedure Article 46B.051 - Trial Before Judge Or Jury
(a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the ...
- Texas Code of Criminal Procedure Article 46B.052 - Jury Verdict
(a) If a jury determination of the issue of incompetency to stand trial is required by Article 46B.051(a), the court shall require the jury to ...
- Texas Code of Criminal Procedure Article 46B.053 - Procedure After Finding Of Competency
If the court or jury determines that the defendant is competent to stand trial, the court shall continue the trial on the merits. If a ...
- Texas Code of Criminal Procedure Article 46B.054 - Uncontested Incompetency
If the court finds that evidence exists to support a finding of incompetency to stand trial and the court and the counsel for each party ...
- Texas Code of Criminal Procedure Article 46B.055 - Procedure After Finding Of Incompetency
If the defendant is found incompetent to stand trial, the court shall proceed under Subchapter D. Added by Acts 2003, 78th Leg., ch. 35, Sec. ...
- Texas Code of Criminal Procedure Article 46B.071 - Options On Determination Of Incompetency
On a determination that a defendant is incompetent to stand trial, the court shall: (1) commit the defendant to a facility under Article 46B.073; or ...
- Texas Code of Criminal Procedure Article 46B.072 - Release On Bail
If the court determines that a defendant found incompetent to stand trial is not a danger to others and may be safely treated on an ...
- Texas Code of Criminal Procedure Article 46B.073 - Commitment For Restoration To Competency
(a) This article applies only to a defendant not released on bail. (b) The court shall commit a defendant described by Subsection (a) to a ...
- Texas Code of Criminal Procedure Article 46B.074 - Competent Testimony Required
(a) A defendant may be committed to a mental health facility or residential care facility under this subchapter only on competent medical or psychiatric testimony ...
- Texas Code of Criminal Procedure Article 46B.075 - Transfer Of Defendant To Facility
A commitment order issued under this subchapter must place the defendant in the custody of the sheriff for transportation to the facility in which the ...
- Texas Code of Criminal Procedure Article 46B.076 - Court's Order
(a) If the defendant is found incompetent to stand trial, the court shall send a copy of the order to the facility to which the ...
- Texas Code of Criminal Procedure Article 46B.077 - Individual Treatment Program
(a) The facility to which the defendant is committed shall: (1) develop an individual program of treatment; (2) assess and evaluate whether the defendant will ...
- Texas Code of Criminal Procedure Article 46B.078 - Charges Subsequently Dismissed
If the charges pending against a defendant are dismissed, the committing court shall send a copy of the order of dismissal to the sheriff of ...
- Texas Code of Criminal Procedure Article 46B.079 - Return To Committing Court
(a) A defendant committed under this subchapter shall be returned to the committing court as soon as practicable after the date on which the defendant's ...
- Texas Code of Criminal Procedure Article 46B.080 - Notice To Committing Court
(a) The head of a facility to which a defendant has been committed under this subchapter, not later than the 14th day before the date ...
- Texas Code of Criminal Procedure Article 46B.081 - Extension Of Commitment Order
(a) On the request of the head of a facility made under Article 46B.080(d), the court may enter an order extending the term of the ...
- Texas Code of Criminal Procedure Article 46B.082 - Transportation Of Defendant
(a) On notification from the committing court under Article 46B.078, the sheriff of the county in which the committing court is located or the sheriff's ...
- Texas Code of Criminal Procedure Article 46B.083 - Supporting Commitment Information Provided By Facility Head
(a) If the head of the facility believes that the defendant is a person with mental illness and meets the criteria for court-ordered inpatient mental ...
- Texas Code of Criminal Procedure Article 46B.084 - Proceedings On Return Of Defendant To Court
(a) On the return of a defendant to the committing court, the court shall make a determination with regard to the defendant's competency to stand ...
- Texas Code of Criminal Procedure Article 46B.085 - Subsequent Commitments And Extensions Prohibited
(a) The court may order only one commitment and one extension under this subchapter in connection with the same offense. (b) After a commitment and ...
- Texas Code of Criminal Procedure Article 46B.086 - Court-Ordered Medications
(a) This article applies only to a defendant: (1) who is determined under this chapter to be incompetent to stand trial; (2) for whom a ...
- Texas Code of Criminal Procedure Article 46B.101 - Applicability
This subchapter applies to a defendant against whom a court is required to proceed under Article 46B.084(e). Added by Acts 2003, 78th Leg., ch. 35, ...
- Texas Code of Criminal Procedure Article 46B.102 - Civil Commitment Hearing: Mental Illness
(a) If it appears to the court that the defendant may be a person with mental illness, the court shall hold a hearing to determine ...
- Texas Code of Criminal Procedure Article 46B.103 - Civil Commitment Hearing: Mental Retardation
(a) If it appears to the court that the defendant may be a person with mental retardation, the court shall hold a hearing to determine ...
- Texas Code of Criminal Procedure Article 46B.104 - Civil Commitment Placement: Finding Of Violence
A defendant committed to a facility as a result of proceedings initiated under this chapter shall be committed to the maximum security unit of any ...
- Texas Code of Criminal Procedure Article 46B.105 - Transfer Following Civil Commitment Placement
(a) Unless a defendant is determined to be manifestly dangerous by a department review board, not later than the 60th day after the date the ...
- Texas Code of Criminal Procedure Article 46B.106 - Civil Commitment Placement: No Finding Of Violence
(a) A defendant committed to a facility as a result of the proceedings initiated under this chapter, other than a defendant described by Article 46B.104, ...
- Art. heading amended by Acts 2005, 79th Leg., ch. 324, Sec. 22, eff.
Sept. 1, 2005.
Texas Code of Criminal Procedure Article 46B.107 - Release Of Defendant After Civil Commitment
(a) The release from the department or a facility of a defendant committed under this chapter is subject to disapproval by the committing court if ...
- Texas Code of Criminal Procedure Article 46B.108 - Redetermination Of Competency
(a) If criminal charges against a defendant found incompetent to stand trial have not been dismissed, the trial court at any time may determine whether ...
- Texas Code of Criminal Procedure Article 46B.109 - Request By Head Of Facility
(a) The head of a facility to which a defendant has been committed as a result of a finding of incompetency to stand trial may ...
- Texas Code of Criminal Procedure Article 46B.110 - Motion By Defendant, Attorney Representing Defendant, Or Attorney Representing State
(a) The defendant, the attorney representing the defendant, or the attorney representing the state may move that the court determine that the defendant has been ...
- Texas Code of Criminal Procedure Article 46B.111 - Appointment Of Examiners
On the filing of a request or motion to determine that the defendant has been restored to competency or on the court's decision on its ...
- Texas Code of Criminal Procedure Article 46B.112 - Determination Of Restoration With Agreement
On the filing of a request or motion to determine that the defendant has been restored to competency or on the court's decision on its ...
- Texas Code of Criminal Procedure Article 46B.113 - Determination Of Restoration Without Agreement
(a) The court shall hold a hearing on a request by the head of a facility to which a defendant has been committed as a ...
- Texas Code of Criminal Procedure Article 46B.114 - Transportation Of Defendant To Court
If the hearing is not conducted at the facility to which the defendant has been committed under this chapter or conducted by means of an ...
- Texas Code of Criminal Procedure Article 46B.115 - Subsequent Redeterminations Of Competency
(a) If the court has made a determination that a defendant has not been restored to competency under this subchapter, a subsequent request or motion ...
- Texas Code of Criminal Procedure Article 46B.116 - Disposition On Determination Of Competency
If the defendant is found competent to stand trial, the proceedings on the criminal charge may proceed. Added by Acts 2003, 78th Leg., ch. 35, ...
- Texas Code of Criminal Procedure Article 46B.117 - Disposition On Determination Of Incompetency
(a) If a defendant under order of commitment to a facility is found to not have been restored to competency to stand trial, the court ...
- Texas Code of Criminal Procedure Article 46B.151 - Court Determination Related To Civil Commitment
(a) If a court is required by Article 46B.084(f) or permitted by Article 46B.004(e) to proceed under this subchapter, the court shall determine whether there ...
- Texas Code of Criminal Procedure Article 46B.171 - Transcripts And Other Records
(a) The court shall order that: (1) a transcript of all medical testimony received in both the criminal proceedings and the civil commitment proceedings under ...
- Texas Code of Criminal Procedure Article 46C.001 - Definitions
In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) "Department" means the Department of State Health Services. (3) "Mental illness" has ...
- Texas Code of Criminal Procedure Article 46C.002 - Maximum Period Of Commitment Determined By Maximum Term For Offense
(a) A person acquitted by reason of insanity may not be committed to a mental hospital or other inpatient or residential care facility or ordered ...
- Texas Code of Criminal Procedure Article 46C.051 - Notice Of Intent To Raise Insanity Defense
(a) A defendant planning to offer evidence of the insanity defense must file with the court a notice of the defendant's intention to offer that ...
- Texas Code of Criminal Procedure Article 46C.052 - Effect Of Failure To Give Notice
Unless notice is timely filed under Article 46C.051, evidence on the insanity defense is not admissible unless the court finds that good cause exists for ...
- Texas Code of Criminal Procedure Article 46C.101 - Appointment Of Experts
(a) If notice of intention to raise the insanity defense is filed under Article 46C.051, the court may, on its own motion or motion by ...
- Texas Code of Criminal Procedure Article 46C.102 - Experts: Qualifications
(a) The court may appoint qualified psychiatrists or psychologists as experts under this chapter. To qualify for appointment under this subchapter as an expert, a ...
- Texas Code of Criminal Procedure Article 46C.103 - Competency To Stand Trial: Concurrent Appointment
(a) An expert appointed under this subchapter to examine the defendant with regard to the insanity defense also may be appointed by the court to ...
- Texas Code of Criminal Procedure Article 46C.104 - Order Compelling Defendant To Submit To Examination
(a) For the purposes described by this chapter, the court may order any defendant to submit to examination, including a defendant who is free on ...
- Texas Code of Criminal Procedure Article 46C.105 - Reports Submitted By Experts
(a) A written report of the examination shall be submitted to the court not later than the 30th day after the date of the order ...
- Texas Code of Criminal Procedure Article 46C.106 - Compensation Of Experts
(a) The appointed experts shall be paid by the county in which the indictment was returned or information was filed. (b) The county in which ...
- Texas Code of Criminal Procedure Article 46C.107 - Examination By Expert Of Defendant's Choice
If a defendant wishes to be examined by an expert of the defendant's own choice, the court on timely request shall provide the examiner with ...
- Texas Code of Criminal Procedure Article 46C.151 - Determination Of Sanity Issue By Jury
(a) In a case tried to a jury, the issue of the defendant's sanity shall be submitted to the jury only if the issue is ...
- Texas Code of Criminal Procedure Article 46C.152 - Determination Of Sanity Issue By Judge
(a) If a jury trial is waived and if the issue is supported by competent evidence, the judge as trier of fact shall determine the ...
- Texas Code of Criminal Procedure Article 46C.153 - General Provisions Relating To Determination Of Sanity Issue By Judge Or Jury
(a) The judge or jury shall determine that a defendant is not guilty by reason of insanity if: (1) the prosecution has established beyond a ...
- Texas Code of Criminal Procedure Article 46C.154 - Informing Jury Regarding Consequences Of Acquittal
The court, the attorney representing the state, or the attorney for the defendant may not inform a juror or a prospective juror of the consequences ...
- Texas Code of Criminal Procedure Article 46C.155 - Finding Of Not Guilty By Reason Of Insanity Considered Acquittal
(a) Except as provided by Subsection (b), a defendant who is found not guilty by reason of insanity stands acquitted of the offense charged and ...
- Texas Code of Criminal Procedure Article 46C.156 - Judgment
(a) In each case in which the insanity defense is raised, the judgment must reflect whether the defendant was found guilty, not guilty, or not ...
- Texas Code of Criminal Procedure Article 46C.157 - Determination Regarding Dangerous Conduct Of Acquitted Person
If a defendant is found not guilty by reason of insanity, the court immediately shall determine whether the offense of which the person was acquitted ...
- Texas Code of Criminal Procedure Article 46C.158 - Continuing Jurisdiction Of Dangerous Acquitted Person
If the court finds that the offense of which the person was acquitted involved conduct that caused serious bodily injury to another person, placed another ...
- Texas Code of Criminal Procedure Article 46C.159 - Proceedings Regarding Nondangerous Acquitted Person
If the court finds that the offense of which the person was acquitted did not involve conduct that caused serious bodily injury to another person, ...
- Texas Code of Criminal Procedure Article 46C.160 - Detention Pending Further Proceedings
(a) On a determination by the judge or jury that the defendant is not guilty by reason of insanity, pending further proceedings under this chapter, ...
- Texas Code of Criminal Procedure Article 46C.201 - Disposition: Nondangerous Conduct
(a) If the court determines that the offense of which the person was acquitted did not involve conduct that caused serious bodily injury to another ...
- Texas Code of Criminal Procedure Article 46C.202 - Detention Or Release
(a) Notwithstanding Article 46C.201(b), a person placed in a department facility or a facility of the Department of Aging and Disability Services pending civil hearing ...
- Texas Code of Criminal Procedure Article 46C.251 - Commitment For Evaluation And Treatment; Report
(a) The court shall order the acquitted person to be committed for evaluation of the person's present mental condition and for treatment to the maximum ...
- Texas Code of Criminal Procedure Article 46C.252 - Report After Evaluation
(a) The report ordered under Article 46C.251 must be filed with the court as soon as practicable before the hearing on disposition but not later ...
- Texas Code of Criminal Procedure Article 46C.253 - Hearing On Disposition
(a) The hearing on disposition shall be conducted in the same manner as a hearing on an application for involuntary commitment under Subtitle C or ...
- Texas Code of Criminal Procedure Article 46C.254 - Effect Of Stabilization On Treatment Regimen
If an acquitted person is stabilized on a treatment regimen, including medication and other treatment modalities, rendering the person no longer likely to cause serious ...
- Texas Code of Criminal Procedure Article 46C.255 - Trial By Jury
(a) The following proceedings under this chapter must be before the court, and the underlying matter determined by the court, unless the acquitted person or ...
- Texas Code of Criminal Procedure Article 46C.256 - Order Of Commitment To Inpatient Treatment Or Residential Care
(a) The court shall order the acquitted person committed to a mental hospital or other appropriate facility for inpatient treatment or residential care if the ...
- Texas Code of Criminal Procedure Article 46C.257 - Order To Receive Outpatient Or Community-Based Treatment And Supervision
(a) The court shall order the acquitted person to receive outpatient or community-based treatment and supervision if: (1) the state establishes by clear and convincing ...
- Texas Code of Criminal Procedure Article 46C.258 - Responsibility Of Inpatient Or Residential Care Facility
(a) The head of the facility to which an acquitted person is committed has, during the commitment period, a continuing responsibility to determine: (1) whether ...
- Texas Code of Criminal Procedure Article 46C.259 - Status Of Committed Person
If an acquitted person is committed under this subchapter, the person's status as a patient or resident is governed by Subtitle C or D, Title ...
- Texas Code of Criminal Procedure Article 46C.260 - Transfer Of Committed Person To Nonsecure Facility
(a) A person committed to a facility under this subchapter shall be committed to the maximum security unit of any facility designated by the department. ...
- Texas Code of Criminal Procedure Article 46C.261 - Renewal Of Orders For Inpatient Commitment Or Outpatient Or Community-Based Treatment And Supervision
(a) A court that orders an acquitted person committed to inpatient treatment or orders outpatient or community-based treatment and supervision annually shall determine whether to ...
- Texas Code of Criminal Procedure Article 46C.262 - Court-Ordered Outpatient Or Community-Based Treatment And Supervision After Inpatient Commitment
(a) An acquitted person, the head of the facility to which the acquitted person is committed, or the attorney representing the state may request that ...
- Texas Code of Criminal Procedure Article 46C.263 - Court-Ordered Outpatient Or Community-Based Treatment And Supervision
(a) The court may order an acquitted person to participate in an outpatient or community-based regimen of treatment and supervision: (1) as an initial matter ...
- Texas Code of Criminal Procedure Article 46C.264 - Location Of Court-Ordered Outpatient Or Community-Based Treatment And Supervision
(a) The court may order the outpatient or community-based treatment and supervision to be provided in any appropriate county where the necessary resources are available. ...
- Texas Code of Criminal Procedure Article 46C.265 - Supervisory Responsibility For Outpatient Or Community-Based Treatment And Supervision
(a) The person responsible for administering a regimen of outpatient or community-based treatment and supervision shall: (1) monitor the condition of the acquitted person; and ...
- Texas Code of Criminal Procedure Article 46C.266 - Modification Or Revocation Of Order For Outpatient Or Community-Based Treatment And Supervision
(a) The court, on its own motion or the motion of any interested person and after notice to the acquitted person and a hearing, may ...
- Texas Code of Criminal Procedure Article 46C.267 - Detention Pending Proceedings To Modify Or Revoke Order For Outpatient Or Community-Based Treatment And Supervision
(a) The state or the head of the facility or other person responsible for administering a regimen of outpatient or community-based treatment and supervision may ...
- Texas Code of Criminal Procedure Article 46C.268 - Advance Discharge Of Acquitted Person And Termination Of Jurisdiction
(a) An acquitted person, the head of the facility to which the acquitted person is committed, the person responsible for providing the outpatient or community-based ...
- Texas Code of Criminal Procedure Article 46C.269 - Termination Of Court's Jurisdiction
(a) The jurisdiction of the court over a person covered by this subchapter automatically terminates on the date when the cumulative total period of institutionalization ...
- Texas Code of Criminal Procedure Article 46C.270 - Appeals
(a) An acquitted person may appeal a judgment reflecting an acquittal by reason of insanity on the basis of the following: (1) a finding that ...
- Texas Code of Criminal Procedure Article 101.001 - Purpose Of Title
(a) This title is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Code of Criminal Procedure Article 101.002 - Construction Of Title
The Code Construction Act (Article 5429b-2, Vernon's Texas Civil Statutes) applies to the construction of each provision in this title, except as otherwise expressly provided ...
- Texas Code of Criminal Procedure Article 101.003 - Internal References
In this title: (1) a reference to a chapter or article without further identification is a reference to a chapter or article of this title; ...
- Texas Code of Criminal Procedure Article 102.001 - Fees For Services Of Peace Officers
(a) Repealed by Acts 1989, 71st Leg., ch. 826, Sec. 2, eff. Sept. 1, 1989. (b) In addition to fees provided by Subsection (a), a ...
- Texas Code of Criminal Procedure Article 102.002 - Witness Fees
(a) Repealed by Acts 1999, 76th Leg., ch. 580, Sec. 11(a), eff. Sept. 1, 1999. (b) The justices of the peace and municipal courts shall ...
- Texas Code of Criminal Procedure Article 102.004 - Jury Fee
(a) A defendant convicted by a jury in a trial before a justice or municipal court shall pay a jury fee of $3. A defendant ...
- Texas Code of Criminal Procedure Article 102.0045 - Fee For Jury Reimbursement To Counties
(a) A person convicted of any offense, other than an offense relating to a pedestrian or the parking of a motor vehicle, shall pay as ...
- Texas Code of Criminal Procedure Article 102.005 - Fees To Clerks
(a) A defendant convicted of an offense in a county court, a county court at law, or a district court shall pay for the services ...
- Texas Code of Criminal Procedure Article 102.006 - Fees In Expunction Proceedings
In addition to any other fees required by other law, a petitioner seeking expunction of a criminal record shall pay the following fees: (1) the ...
- Texas Code of Criminal Procedure Article 102.007 - Fee For Collecting And Processing Sight Order
(a) A county attorney, district attorney, or criminal district attorney may collect a fee if his office collects and processes a check or similar sight ...
- Texas Code of Criminal Procedure Article 102.0071 - Justice Court Dishonored Check
On conviction in justice court of an offense under Section 32.41, Penal Code, or an offense under Section 31.03 or 31.04, Penal Code, in which ...
- Texas Code of Criminal Procedure Article 102.008 - Fees For Services Of Prosecutors
(a) Except as provided by Subsection (b), a defendant convicted of a misdemeanor or a gambling offense shall pay a fee of $25 for the ...
- Texas Code of Criminal Procedure Article 102.009 - Court Costs In Certain Counties
In counties with a population of 3.3 million or more, the commissioners court may set court costs for persons convicted of a Class C misdemeanor ...
- Texas Code of Criminal Procedure Article 102.011 - Fees For Services Of Peace Officers
(a) A defendant convicted of a felony or a misdemeanor shall pay the following fees for services performed in the case by a peace officer: ...
- Texas Code of Criminal Procedure Article 102.012 - Fees For Pretrial Intervention Programs
(a) A court that authorizes a defendant to participate in a pretrial intervention program established under Section 76.011, Government Code, may order the defendant to ...
- Texas Code of Criminal Procedure Article 102.013 - Court Costs; Crime Stoppers Assistance Account
(a) The legislature shall appropriate funds from the crime stoppers assistance account to the Criminal Justice Division of the Governor's Office. The Criminal Justice Division ...
- Texas Code of Criminal Procedure Article 102.014 - Court Costs For Child Safety Fund In Municipalities
(a) The governing body of a municipality with a population greater than 850,000 according to the most recent federal decennial census that has adopted an ...
- Texas Code of Criminal Procedure Article 102.016 - Costs For Breath Alcohol Testing Program
(a) The custodians of municipal and county treasuries may deposit funds collected under this article in interest-bearing accounts and retain for the municipality or county ...
- Texas Code of Criminal Procedure Article 102.017 - Court Costs; Courthouse Security Fund; Municipal Court Building Security Fund; Justice Court Building Security Fund
(a) A defendant convicted of a felony offense in a district court shall pay a $5 security fee as a cost of court. (b) A ...
- Texas Code of Criminal Procedure Article 102.0171 - Court Costs: Juvenile Delinquency Prevention Funds.
(a) A defendant convicted of an offense under Section 28.08, Penal Code, in a county court, county court at law, or district court shall pay ...
- Texas Code of Criminal Procedure Article 102.0172 - Court Costs; Municipal Court Technology Fund
(a) The governing body of a municipality by ordinance may create a municipal court technology fund and may require a defendant convicted of a misdemeanor ...
- Texas Code of Criminal Procedure Article 102.0173 - Court Costs; Justice Court Technology Fund
(a) The commissioners court of a county by order shall create a justice court technology fund. A defendant convicted of a misdemeanor offense in justice ...
- Texas Code of Criminal Procedure Article 102.0174 - Court Costs; Juvenile Case Manager Fund
(a) In this article, "fund" means a juvenile case manager fund. (b) The governing body of a municipality by ordinance may create a juvenile case ...
- Texas Code of Criminal Procedure Article 102.018 - Costs Attendant To Intoxication Convictions
(a) Except as provided by Subsection (d) of this article, on conviction of an offense relating to the driving or operating of a motor vehicle ...
- Texas Code of Criminal Procedure Article 102.0185 - Additional Costs Attendant To Intoxication Convictions: Emergency Medical Services, Trauma Facilities, And Trauma Care Systems
(a) In addition to the costs on conviction imposed by Articles 102.016 and 102.018, a person convicted of an offense under Chapter 49, Penal Code, ...
- Texas Code of Criminal Procedure Article 102.0186 - Additional Costs Attendant To Certain Child Sexual Assault And Related Convictions
(a) A person convicted of an offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26, Penal Code, shall pay $100 on conviction of the ...
- Texas Code of Criminal Procedure Article 102.020 - Costs On Conviction For Offenses Requiring Dna Testing
(a) A person shall pay $250 as a court cost on conviction of an offense listed in Section 411.1471(a)(1), Government Code, and $50 as a ...
- Texas Code of Criminal Procedure Article 102.056 - Distribution Of Funds
(a) The legislature shall determine and appropriate the necessary amount from the criminal justice planning fund to the criminal justice division of the governor's office ...
- Texas Code of Criminal Procedure Article 102.071 - Collection, Allocation, And Administration
The comptroller of public accounts may require state court costs and fees in criminal cases to be reported in lump-sum amounts. The comptroller shall allocate ...
- Texas Code of Criminal Procedure Article 102.072 - Administrative Fee
An officer listed in Article 103.003 or a community supervision and corrections department may assess an administrative fee for each transaction made by the officer ...
- Texas Code of Criminal Procedure Article 103.001 - Costs Payable
A cost is not payable by the person charged with the cost until a written bill is produced or is ready to be produced, containing ...
- Texas Code of Criminal Procedure Article 103.002 - Certain Costs Barred
An officer may not impose a cost for a service not performed or for a service for which a cost is not expressly provided by ...
- Texas Code of Criminal Procedure Article 103.003 - Collection
(a) District and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace may collect money payable under this title. ...
- Texas Code of Criminal Procedure Article 103.0031 - Collection Contracts
(a) The commissioners court of a county or the governing body of a municipality may enter into a contract with a private attorney or a ...
- Texas Code of Criminal Procedure Article 103.0032 - Collection Improvement Plans
Not later than January 1 of each even-numbered year, the Office of Court Administration of the Texas Judicial System may award grants to counties and ...
- Texas Code of Criminal Procedure Article 103.0033 - Collection Improvement Program
(a) In this article: (1) "Office" means the Office of Court Administration of the Texas Judicial System. (2) "Program" means the program to improve the ...
- Texas Code of Criminal Procedure Article 103.004 - Disposition Of Collected Money
(a) Except as provided by Subsections (b) and (c), an officer who collects recognizances, bail bonds, fines, forfeitures, judgments, jury fees, and other obligations recovered ...
- Texas Code of Criminal Procedure Article 103.005 - Report Required
(a) An officer listed in Article 103.003 who collects money other than taxes for a county shall report to the commissioners court of the county ...
- Texas Code of Criminal Procedure Article 103.006 - Transfer Of Bill Of Costs
If a criminal action or proceeding is transferred from one court to another or is appealed, an officer of the court shall certify and sign ...
- Texas Code of Criminal Procedure Article 103.007 - Additional Costs After Payment
After a defendant has paid costs, no more costs may be charged against the defendant unless the court rules on a motion presented to the ...
- Texas Code of Criminal Procedure Article 103.008 - Correction Of Costs
(a) On the filing of a motion by a defendant not later than one year after the date of the final disposition of a case ...
- Texas Code of Criminal Procedure Article 103.009 - Fee Records
(a) Each clerk of a court, county judge, justice of the peace, sheriff, constable, and marshal shall keep a fee record. The record must contain: ...
- Texas Code of Criminal Procedure Article 103.010 - Receipt Book
(a) Each county shall provide a receipt book to each officer collecting fines and fees in criminal cases for the county. The book must contain ...
- Texas Code of Criminal Procedure Article 103.011 - Audit
An officer shall deliver the receipt book or a copy of any receipt records contained in a computer database to the county auditor at the ...
- Texas Code of Criminal Procedure Article 103.012 - Penalty
(a) An officer commits an offense if the officer violates a provision of Article 103.010 or Article 103.011. (b) An offense under this article is ...
- Texas Code of Criminal Procedure Article 104.001 - Jury Pay And Expenses For Jurors
(a) The sheriff of a county shall, with the approval of the commissioners court, provide food and lodging for jurors impaneled in a felony case ...
- Texas Code of Criminal Procedure Article 104.002 - Expenses For Prisoners
(a) Except as otherwise provided by this article, a county is liable for all expenses incurred in the safekeeping of prisoners confined in the county ...
- Texas Code of Criminal Procedure Article 104.003 - State Payment Of Certain Prosecution Costs
(a) In a prosecution of a felony committed while the actor was a prisoner in the custody of the Texas Department of Corrections or a ...
Last modified: August 11, 2007
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