Texas Code Of Criminal Procedure Title 1, Chapter 45 - Justice And Municipal Courts

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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...

SUBCHAPTER B PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS

• Texas Article 45.003 - Definition For Certain Prosecutions
  For purposes of dismissing a charge under Section 502.407, Transportation Code, "day" does not include Saturday, Sunday, or a legal holiday. Added by Acts 1999,...
• Texas 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 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 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 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 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 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 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 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 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 Article 45.020 - Appearance By Counsel
  (a) The defendant has a right to appear by counsel as in all other cases. (b) State's counsel may open and conclude the argument in...
• Texas 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 Article 45.0215 - Plea By Minor And Appearance Of Parent
  (a) This article applies to a defendant who has not had the disabilities of minority removed and has been: (1) charged with an offense other...
• Texas Article 45.0216 - Expunction Of Certain Conviction Records
  (a) In this article, "child" has the meaning assigned by Section 51.02, Family Code. (b) A person may apply to the court in which the...
• Texas Article 45.0217 - Confidential Records Related To Charges Against Or The Conviction Of A Child
  Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES AGAINST OR THE CONVICTION OF A CHILD. Text of subsection as amended by Acts 2013, 83rd Leg., R.S.,...
• Texas Article 45.0217 - Confidential Records Related To The Conviction Of Or Deferral Of Disposition For A Child
  (a) This article applies only to a misdemeanor offense punishable by fine only, other than a traffic offense. (a-1) Except as provided by Article 15.27...
• Texas 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 Article 45.023 - Defendant's Plea
  (a) After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may: (1) plead guilty or not guilty; (2)...
• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 Article 45.037 - Motion For New Trial
  A motion for a new trial must be made within five days after the rendition of judgment and sentence, and not afterward. Acts 1965, 59th...
• Texas 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 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 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 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 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 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 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 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 Article 45.044 - Forfeiture Of Cashbond 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 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 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 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 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 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 Article 45.0491 - Waiver Of Payment Of Fines And Costs For Indigent Defendants And Children
  A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of a fine or costs...
• Texas Article 45.0492 - Community Service Or Tutoring In Satisfaction Of Fine Or Costs For Certain Juvenile Defendants
  (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or costs for a Class C...
• Texas Article 45.0492 - Community Service In Satisfaction Of Fine Or Costs For Certain Juvenile Defendants
  (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or costs for a Class C...
• Texas 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 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 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 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 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 Article 45.0531 - Dismissal Of Parent Contributing To Nonattendance Charge
  Notwithstanding any other law, a county, justice, or municipal court, at the court's discretion, may dismiss a charge against a defendant alleging the defendant committed...
• Texas Article 45.0541 - Expunction Of Failure To Attend School Records
  (a) In this article, "truancy offense" means an offense committed under the former Section 25.094, Education Code. (b) An individual who has been convicted of...
• Texas Article 45.056 - Juvenile Case Managers
  Art. 45.056. JUVENILE CASE MANAGERS. (a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority,...
• Texas 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 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 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 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...

SUBCHAPTER C PROCEDURES IN JUSTICE COURT

• Texas Article 45.061 - Proceedings Concerning Electronic Transmission Of Certain Visual Material Depicting Minor
  (a) In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. The term does not include a parent...
• Texas 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 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...

SUBCHAPTER D PROCEDURES IN MUNICIPAL COURT

• Texas 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 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 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 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...

Last modified: September 28, 2016