The Code of Criminal Procedure, sometimes called the Code of Criminal Procedure of 1965 or the Code of Criminal Procedure, 1965, is an Act of the

Texas State Legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful ...

. The Act is a code of the law of criminal procedure of

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

. The code regulates how criminal trials are carried out in Texas. The code governs important legal processes and constitutional rights and liberties. These include but are not limited to court jurisdictions, protective orders,

Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...

, warrants, legal expenses, and the rights of those affected by criminal actions. For the purpose of citation, Texas Code of Criminal Procedure or Texas Criminal Procedure Code may be abbreviated to Tex Crim Proc or Tex Crim Pro or Tx Crim Proc or Tx Crim Pro or Tx Code Crim Proc or Tx Code Crim Pro or Tex Code Crim Proc or Tex Code Crim Pro or Code Crim Proc Tex or Code Crim Pro Tex.

History

In the early to mid 20th century, there were numerous efforts to revise the Code of Criminal Procedure by the

Texas State Bar The State Bar of Texas (the Texas Bar) is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Te ...

and the Supreme Court of TexasReid, William (April 1966).
The Texas Code of Criminal Procedure
(PDF). ''Texas Law Review''. 44 (5). that never made it through the state legislature. However, in 1958, the revision of the code was undertaken by a 23-person committee formed of the Texas State Bar with a tripartite goal to remove technicalities and loopholes by which a party can exploit the law, reform the appeal system, and "strike the delicate balance" of protecting the people of Texas from crime while also preventing others from being wrongfully incarcerated. The code was also substantially edited to provide better clarity and more logical organization. This committee's initial revision was submitted to the rest of the Bar Association in April 1962 and to the state legislature shortly thereafter, being well supported by both bodies and passing with large margins. However, as a result of technicalities and small issues, Texas governor

John Connally John Bowden Connally Jr. (February 27, 1917June 15, 1993) was an American politician. He served as the 39th governor of Texas and as the 61st United States secretary of the Treasury. He began his career as a Democrat and later became a Republic ...

vetoed the bill containing the revisions, sending the revisal committee back to fix these issues, which they did. The current Code of Criminal Procedure was enacted in 1965 by Texas Senate Bill 107, 59 R.S. and has been added to and edited since in the 21st century, though not to the same degree. This code is sometimes called the "new code" as it replaces the previous criminal procedure code. The Code of Criminal Procedure of 1856 was the first criminal procedure code to be enacted in Texas. It was followed by the Code of Criminal Procedure of 1879, the Code of Criminal Procedure of 1895, the Code of Criminal Procedure of 1911, and the Code of Criminal Procedure of 1925.

Organization

The Texas Code of Criminal Procedure is organized into two Titles, with Title One containing the vast number of statutes and Title Two largely encompassing court expenses and legal fees. The below links are the chapters published on the Texas Legislature website as of 2021. # Title 1: Code of Criminal Procedure #
Chapter 1
General Provisions #
Chapter 2
General Duties of Officers #
Chapter 3
Definitions #
Chapter 4
Courts and Criminal

Jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

#
Chapter 5
Family Violence Prevention #
Chapter 6
Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses #
Chapter 7
Proceeds Before Magistrates to Prevent Offense ##
Chapter 7B
Protective Orders #
Chapter 8
Suppression of Riots and Other Disturbances #
Chapter 9
Offenses Injurious to Public Health ## Chapter 10: (No Chapter 10) #
Chapter 11

#
Chapter 12
Limitation #
Chapter 13
Venue #
Chapter 14:
Arrest Without Warrant #
Chapter 15
Arrest Under Warrant #
Chapter 16
The Commitment or Discharge of the Accused #
Chapter 17

Bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...

##
Chapter 17A
Corporations and Associations #
Chapter 18

Search Warrants A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...

##
Chapter 18A
Detection, Interception, and Use of Wire, Oral, and Electronic Communications ##
Chapter 18B
Installation and Use of Tracking Equipment; Access to Communications #
Chapter 19A
Grand Jury Organization #
Chapter 20A
Grand Jury Proceedings #
Chapter 21
Indictment and Information #
Chapter 22
Forfeiture of Bail #
Chapter 23
The

Capias An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a ju ...

#
Chapter 24

Subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...

s and Attachment ##
Chapter 24A
Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information #
Chapter 25
Service of a Copy of an Indictment #
Chapter 26
Arraignment #
Chapter 27
The Pleading in Criminal Actions #
Chapter 28
Motions,

Pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adju ...

s, and Exceptions #
Chapter 29
Continuance #
Chapter 30
Disqualification of the Judge #
Chapter 31
Change of Venue #
Chapter 32
Dismissing Prosecutions ##
Chapter 32A
Speedy Trial #
Chapter 33
The Mode of Trial #
Chapter 34
Special

Venire Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...

in Capital Cases #
Chapter 35
Formation of the Jury #
Chapter 36
Trial Before the Jury #
Chapter 37
The Verdict #
Chapter 38
Evidence in Criminal Actions #
Chapter 39
Depositions in Discovery #
Chapter 40
New Trials ## (No Chapter 41) #
Chapter 42
Judgement and Sentence ##
Chapter 42A
Community Supervision #
Chapter 43
Execution of Judgement #
Chapter 44
Appeal and Writ of Error #
Chapter 45
Justice and Municipal Courts #
Chapter 46
Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability ##
Chapter 46B
Incompetency to Stand Trial ##
Chapter 46C
Insanity Defense #
Chapter 47
Disposition of Stolen Property #
Chapter 48
Pardon and

Parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

#
Chapter 49
Inquests Upon Dead Bodies #
Chapter 50
Fire Inquests #
Chapter 51
Fugitives from Justice #
Chapter 52
Court of Inquiry ## (No Chapter 53) ## (No Chapter 54) #
Chapter 55
Expunction of Criminal Records #
Chapter 56A
Rights of Crime Victims ##
Chapter 56B
Crime Victims' Compensation ## (No Chapter 57) #
Chapter 58
Confidentiality of Identifying Information and Medical Records of Certain Crime Victims #
Chapter 59
Forfeiture of Contraband ## (No Chapter 60) ## (No Chapter 61) #
Chapter 62
Sex Offender Registration Program #
Chapter 63
Missing Children and Missing Persons #
Chapter 64
Motion for Forensic DNA Testing ## (No Chapter 65) #
Chapter 66
Criminal History Record System #
Chapter 67
Compilation of Information Pertaining to Combinations and Criminal Street Gangs # Title 2: Code of Criminal Procedure (Costs, Fees, Expenses) #
Chapter 101
General Provisions #
Chapter 102
Costs, Fines, and Fees Paid by Defendants #
Chapter 103
Payment, Collection, and Record keeping #
Chapter 104
Certain Expenses Paid by State or County

Particular statutes

Chapter 5, Articles 5.04 and 5.05 detail the duties of peace officers when responding to family violence calls. These include protecting the victim, helping the victim move to a safer place, and providing victims with written instructions about the legal actions they can take to protect themselves from the offender. Chapter 5, Article 5.08 stipulates that magistrates cannot seek mediation as a valid means of resolving family violence, meaning these cases must remain in the criminal court system after they are reported. Chapter 7B, Article 7B.003 outlines the requirements for a protective order to be granted to an applicant using the subjective terminology "reasonable grounds to believe." This leaves much of the decision to grant up to the magistrate and places a large burden of proof into applicants. Chapter 11, Article 11.051 prohibits a fee being attached to an application for a Writ of Habeas Corpus, which would aid someone who might be detained without probable cause. Chapter 12, Article 12.01, Section 1 states that the statute of limitations for a sexual assault does not expire if there is "biological material" collected and it is not easily identifiable whose it is, or if the offender may have committed similar acts five or more times. Otherwise, according to Section 2, the statute of limitations is 10 years, with exceptions for minors that often coincide with the victim's 18th birthday. Chapter 17, Article 17.028 stipulates that it must take no more than 48 hours after the arrest for a magistrate to decide whether or not a defendant is offered bail, conditional or unconditional. Chapter 27, Articles 27.02 and 27.05 encompass pleas that defendants can make. Contrary to popular belief, there are pleas that can be made outside of the "guilty" or "not guilty" binary. One such plea essentially claims

double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...

while another plea places the punishment if found guilty into the hands of the jury rather than the magistrate. A plea of " nolo contendere" is, according to Texas, essentially a "guilty" plea, except the plea cannot be used in a civil case that may follow a criminal one to prove guilt. Chapter 32A, Article 32A.01 describes the priorities of the courts. According to this statute, criminal cases are given priority over civil ones and criminal cases where the defendant is being held in jail are given priority over those that aren't. Section C states that if a victim in a case is younger than 14, their case is given priority over all others, even if it is civil in nature. Chapter 46B, Article 46B.003 stipulates incompetency to stand trial. Under Texas law, a defendant is deemed competent for trial unless it can be proven otherwise. This criteria centers on the defendant's capability to consult their legal team and understand the charges against them. According to Article 46B.004, a motion can be filed by either the prosecution or defense that seeks to deem the defendant incompetent and if it passes, according to Section D, all court proceedings are paused. Chapter 56A, Article 56A.052 stipulates extra rights for victims of sexual crimes such as access to evidence, lab sample analyses, and counseling if the victim has been infected with

HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...

or developed AIDS as a result of the crime. Subsection 4, Paragraph A also establishes that sex crime victims have a right to be tested for these diseases. Chapter 58, Article 58.052 establishes an address confidentiality program, which keeps applicants' address hidden in cases where further violence against the victim or those related to them is possible. Article 58.055 details the necessary parts of the application, which includes sworn statements about possible danger. Chapter 58, Article 58.102 states that a victim in a sexual crime case can choose to be referred to by a

pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individua ...

if a form is completed. Section B stipulates that all law enforcement agencies in the state must have these forms available for anyone wishing to use them. All information within these forms, and the form itself, is kept strictly confidential. Chapter 64, Article 64.01 stipulates the conditions necessary for a convicted person to ask for DNA testing to be done on evidence that might exonerate the person. First off, the evidence must be likely to contain DNA. Second, the motion must be filed with a sworn statement from the defendant. Third, the evidence must have been used in the conviction and be in the court's possession. Fourth, was not already tested or could be tested with better testing technology.

Terminology

Below is a list of some of the legal terms that appear within the Code of Criminal Procedure. # Magistrate is defined b
Article 2.09
of the Code. # Peace officer is defined b

of the Code. # Witnesses are persons who give written or oral testimony at a court hearing. # Defendants are persons who are accused of committing a crime. # Prosecutors are the lawyers who are seeking to prove the charges against the defendant. # Petit Juries are the unassociated, impartial group of six to twelve civilians who adjudicate evidence and pass verdicts. # Grand Juries are the unassociated, impartial group of more than 12 citizens who decide whether a prosecutor has

probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...

to continue a case. # Indictment is defined b
Article 21.01
of the Code. # Depositions are statements made under oath during a trial in which facts or information are shared. # Warrants are court issued documents giving legal authority to officers in order to conduct searches or arrests. # Pleas are a statements issued by the defendant and their legal team of either "guilty" or "not guilty." "Guilty" pleas can be used to achieve less harsh sentencing or avoid a lengthy trial while "not guilty" pleas often result in the trial's inception. # Pleadings, not to be confused with pleas, are statements submitted to the court by the prosecution or defendant that seek to establish facts relevant to the case

References

*Amanda Peters. Texas Criminal Procedure
First Edition
Wolters Kluwer. 2017. Second Edition

Aspen Publishing. 2019
Third Edition
Aspen Publishing. Dated 2023. *John F Onion Jr, "A New Code of Criminal Procedure for Texas" (1965
9
Public Affairs Comment 1 (November 1965); "A New Code of Criminal Procedure for Texas" i
Practicing Texas Politics
Houghton Mifflin, 1971, Chapter 5-6, p 288. *Luther E Jones and Warren Burnett, "The New Texas Code of Criminal Procedure" (1965
8
South Texas Law Journal 1
HeinOnline
*Carol S Vance, "The 1967 Amendments to the Texas Code of Criminal Procedure; A Prosecutor's Reflections" (1968
10
South Texas Law Journal 214 or 215 *John F Onion Jr and Warren E White, "Texas Code of Criminal Procedure: Its 1965 & 1967 changes affecting Corporation Courts and Police Practices" (1968
10
South Texas Law Journal 92 *Gary A Udashen and Barry Sorrels, "Criminal Procedure: Confession, Search and Seizure" (1991) 45 Southwestern Law Journal 263 (No 1, Summer 1991) (Annual Survey of Texas Law
HeinOnline
*Gary A Udashen and Robert Udashen, "Criminal Procedure: Confession, Search and Seizure" (1993) 46 SMU Law Review 1237 (No 4, Spring 1993) (Annual Survey of Texas Law
HeinOnline
*Robert Udashen, "Criminal Procedure: Pretrial" (1987) 41 Southwestern Law Journal 517 (No 1, April 1987) (Annual Survey of Texas Law
HeinOnline
*Robert Udashen, "Criminal Procedure: Pretrial" (1988) 42 Southwestern Law Journal 581 (No 1, April 1988) (Annual Survey of Texas Law
HeinOnline
*Robert Udashen, "Criminal Procedure: Pretrial" (1989) 43 Southwestern Law Journal 535 (No 1, June 1989) (Annual Survey of Texas Law
HeinOnline
*Robert Udashen, "Criminal Procedure: Pretrial" (1990) 44 Southwestern Law Journal 587 (No 1, Summer 1990) (Annual Survey of Texas Law
HeinOnline
*Robert N Udashen, "Criminal Procedure: Pretrial" (1991) 45 Southwestern Law Journal 279 (No 1, Summer 1991) (Annual Survey of Texas Law
HeinOnline
*Kerry P Fitzgerald, "Criminal Procedure: Pretrial, Trial and Appeal" (1991 to 1992) 45 Southwestern Law Journal 1593 (Annual Survey of Texas Law
HeinOnline
*Kerry P FitzGerald and Catherine Greene Burnett, "Criminal Procedure: Pretrial, Trial and Appeal" (1993) 46 SMU Law Review 1261 (No 4, Spring 1993) (Annual Survey of Texas Law
HeinOnline
*Robert Udashen and Gary A Udashen, "Criminal Procedure: Pretrial, Trial and Appeal" (1994) 47 SMU Law Review 995 (No 4, Spring 1994) (Annual Survey of Texas Law
HeinOnline
*Robert N Udashen, Gary A Udashen and George R Milner, "Criminal Procedure: Pretrial, Trial and Appeal" (1995) 48 SMU Law Review 1047 (No 4, May to June 1995) (Annual Survey of Texas Law
HeinOnline
*"Criminal Procedure: Pretrial, Trial and Appeal" (2002) 55 SMU Law Review 837 (Annual Survey of Texas Law) *George E Dicks, "Entry to Execute Search Warrants in Texas Criminal Procedure" (1992) 19 American Journal of Criminal Law 159 (No 2, Winter 1992) {{Reflist Texas statutes Criminal procedure

History

Organization

Particular statutes

Terminology

See also

References