Texas Code Of Criminal Procedure Title 1, Chapter 38 - Evidence In Criminal Actions

• Texas Article 38.01 - Texas Forensic Science Commission
  Art. 38.01. TEXAS FORENSIC SCIENCE COMMISSION Sec. 1. CREATION. The Texas Forensic Science Commission is created. Sec. 2. DEFINITIONS. In this article: (1) "Accredited field...
• Texas Article 38.02 - Effect Under Public Information Law Of Release Of Certain Information
  A release of information by an attorney representing the state to defense counsel for a purpose relating to the pending or reasonably anticipated prosecution of...
• Texas 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 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 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 Article 38.07 - Testimony In Corroboration Of Victim Of Sexual Offense
  (a) A conviction under Chapter 21, Section 20A.02(a)(3), (4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony...
• Texas Article 38.071 - Testimony Of Child Who Is Victim Of Offense
  Art. 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...
• Texas Article 38.072 - Hearsay Statement Of Certain Abuse Victims
  Art. 38.072. HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS Sec. 1. This article applies to a proceeding in the prosecution of an offense under any of...
• Texas 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 Article 38.074 - Testimony Of Child In Prosecution Of Offense Testimony Of Child In Prosecution Of Offense
  Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE Sec. 1. In this article: (1) "Child" has the...
• Texas Article 38.075 - Corroboration Of Certain Testimony Required
  (a) A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the...
• Texas 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 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 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 Article 38.11 - Journalist's Qualified Testimonial Privilege In Criminal Proceedings
  Art. 38.11. JOURNALIST'S QUALIFIED TESTIMONIAL PRIVILEGE IN CRIMINAL PROCEEDINGS Sec. 1. DEFINITIONS. In this article: (1) "Communication service provider" means a person or the parent,...
• Texas Article 38.111 - News Media Recordings
  Extrinsic evidence of the authenticity of evidence as a condition precedent to the admissibility of the evidence in a criminal proceeding is not required with...
• Texas 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 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 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 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 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 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 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 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 Article 38.20 - Photograph And Live Lineup Identification Procedures Photograph And Live Lineup Identification Procedures
  Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION PROCEDURES PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION PROCEDURES Sec. 1. In this article, "institute" means the Bill Blackwood Law...
• Texas 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 Article 38.22 - When Statements May Be Used
  Art. 38.22. WHEN STATEMENTS MAY BE USED. Sec. 1. In this article, a written statement of an accused means: (1) a statement made by the...
• Texas 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 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 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 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 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 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 Article 38.33 - Preservation And Use Of Evidence Of Certain Misdemeanor Convictions
  Art. 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...
• Texas Article 38.34 - Photographic Evidence In Theft Cases
  (a) In this article, "property" means any tangible personal property. (b) A photograph of property that a person is alleged to have unlawfully appropriated with...
• Texas 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 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 Article 38.37 - Evidence Of Extraneous Offenses Or Acts
  Art. 38.37. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS. Sec. 1. (a) Subsection (b) applies to a proceeding in the prosecution of a defendant for an...
• Texas Article 38.371 - Evidence In Prosecutions Of Certain Offenses Involving Family Violence
  (a) This article applies to a proceeding in the prosecution of a defendant for an offense, or for an attempt or conspiracy to commit an...
• Texas 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 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 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 Article 38.41 - Certificate Of Analysis
  Art. 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...
• Texas Article 38.42 - Chain Of Custody Affidavit
  Art. 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...
• Texas Article 38.43 - Evidence Containing Biological Material
  (a) In this article, "biological evidence" means: (1) the contents of a sexual assault examination kit; or (2) any item that contains blood, semen, hair,...
• Texas 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 Article 38.45 - Evidence Depicting Or Describing Abuse Of Or Sexual Conduct By Child Or Minor
  (a) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or...
• Texas Article 38.451 - Evidence Depicting Invasive Visual Recording Of Child
  (a) During the course of a criminal hearing or proceeding concerning an offense under Section 21.15, Penal Code, that was committed against a child younger...
• Texas Article 38.46 - Evidence In Prosecutions For Stalking
  (a) In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact...
• Texas Article 38.47 - Evidence In Aggregation Prosecution For Fraud Or Theft Committed With Respect To Numerous Medicaid Or Medicare Recipients
  In trials involving an allegation of a continuing scheme of fraud or theft that involves Medicaid or Medicare benefits and is alleged to have been...
• Texas Article 38.48 - Evidence In Prosecution For Tampering With Witness Or Prospective Witness Involving Family Violence
  (a) This article applies to the prosecution of an offense under Section 36.05, Penal Code, in which: (1) the underlying official proceeding involved family violence,...
• Texas Article 38.49 - Forfeiture By Wrongdoing
  (a) A party to a criminal case who wrongfully procures the unavailability of a witness or prospective witness: (1) may not benefit from the wrongdoing...
• Texas Article 38.50 - Retention And Preservation Of Toxicological Evidence Of Certain Intoxication Offenses
  (a) In this article, "toxicological evidence" means a blood or urine specimen that was collected as part of an investigation of an alleged offense under...

Last modified: September 28, 2016