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CCP
CODE OF CRIMINAL PROCEDURE
| Question | Answer |
|---|---|
| Art. 1.02. EFFECTIVE DATE. | January 1, 1966. |
| Art. 1.03. OBJECTS OF THIS CODE. | Intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, Rules of procedure in respect to the prevention |
| Art. 1.03. OBJECTS OF THIS CODE. | To adopt measures for preventing the commission of crime;To exclude the offender from all hope of escape;To insure a trial with as little delay as is consistent with the ends of justice; |
| Art. 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 of the law of the land |
| Art. 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 and cause of the accusation against him, and to have a copy thereof |
| Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL | A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding;The right to be represented by counsel includes the right to consult in private with counsel sufficiently |
| Art. 1.06. SEARCHES AND SEIZURES | The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches |
| Art. 1.07. RIGHT TO BAIL | All prisoners shall be bailable unless for capital offenses when the proof is evident |
| Art. 1.08. HABEAS CORPUS | The writ of habeas corpus is a writ of right and shall never be suspended |
| Art. 1.09. CRUELTY FORBIDDEN | Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted |
| Art. 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 for the same offense, after a verdict of not guilty in a court of competent jurisdiction |
| Art. 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 been |
| Art. 1.12. RIGHT TO JURY | The right of trial by jury shall remain inviolate |
| Art. 1.13. WAIVER OF TRIAL BY JURY | The defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea |
| Art. 1.14. WAIVER OF RIGHTS | The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by Article 1.13(b |
| Art. 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 offense other than a capital felony. |
| Art. 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 plea, has in open court in person waived his right of trial by jury in writing |
| Art. 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 no law shall ever be passed curtailing the liberty of speech or of the press. |
| Art. 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 any religious belief; |
| Art. 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 |
| Art. 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 |
| Art. 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, shall, by virtue of their offices, be conservators of the peace throughout the State |
| Art. 1.24. PUBLIC TRIAL. | The proceedings and trials in all courts shall be public |
| Art. 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 |
| Art. 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 crime |
| Art. 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 shall be applied and govern. |
| Art. 2.09. WHO ARE MAGISTRATES. | Supreme Court, Judges Court of Criminal Appeals, Justices Courts of Appeals, Judges of the District Court, Justices of the peace, Mayors and recorders and Judges of the municipal courts of incorporated cities or towns. |
| Art. 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 intended to aid in preventing and suppressing crime; |
| Art. 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. |
| Art. 2.12. WHO ARE PEACE OFFICERS | sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license constables, those reserve deputy constables who hold a permanent peace officer marshals or police officers of an incorporated city, town, or village, |
| Art. 2.121. RAILROAD PEACE OFFICERS. | The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property |
| Art. 2.122. SPECIAL INVESTIGATORS. | The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only FBI, Secert Service,ICE, ATF,DEA, |
| Art. 2.122. SPECIAL INVESTIGATORS | Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs |
| Art. 2.122. SPECIAL INVESTIGATORS | A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, |
| Art. 2.123. ADJUNCT POLICE OFFICERS | counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution of highe |
| Art. 2.123. ADJUNCT POLICE OFFICERS | who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county |
| Art. 2.123. ADJUNCT POLICE OFFICERS | Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff |
| Art. 2.123. ADJUNCT POLICE OFFICERS | is adjacent to the campus of the private institution; (2) does not extend further than a distance of one mile from the perimeter of the campus of the private institution; and |
| Art. 2.123. ADJUNCT POLICE OFFICERS | A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff |
| Art. 2.123. ADJUNCT POLICE OFFICERS | A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | The peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | The peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | To the extent necessary to: maintain physical custody of the inmate or defendant while transporting the inmate or defendant |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | regain physical cWithin one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this stateustody of the inmate |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION | The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION | A special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION | A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE | The tribal council of the Alabama-Coushatta Indian Tribe is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation within the boundaries of the tribe's reservation |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE | (1) is vested with all the powers,privileges, and immunities of peace officers;(2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and(3) may enforce all traffic laws on streets and highways. |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE | Outside the boundaries of the tribe's reservation, a peace officer commissioned under this article is vested with all the powers, privileges, |
| Art. 2.13. DUTIES AND POWERS | 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 all lawful means.The officer shall:(1) in every case authorized by the provisions of this Code |
| Art. 2.13. DUTIES AND POWERS. | interfere without warrant to prevent or suppress crime;(2) execute all lawful process issued to the officer by any magistrate or court; |
| Art. 2.13. DUTIES AND POWERS. | give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law |
| Art. 2.13. DUTIES AND POWERS. | arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried |
| Art. 2.13. DUTIES AND POWERS. | It is the duty of every officer to take possession of a child under Article 63.009(g). |
| Art. 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 view or hearing, and take them before the proper court for examination or trial |
| Art. 2.17. CONSERVATOR OF THE PEACE | He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had |
| Art. 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, |
| Art. 2.16. NEGLECTING TO EXECUTE PROCESS | any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. |
| Art. 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 |
| Art. 2.18. CUSTODY OF PRISONERS | It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail |
| Art. 2.18. CUSTODY OF PRISONERS | or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape |
| Art. 2.20. DEPUTY. | Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy |
| Art. 2.20. DEPUTY. | When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office. |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | investigation As soon as possible after being |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE | On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution the appropriate local law enforcement agency shall investigate the report as required |
| Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION | On receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility |
| Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION | the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY | , the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY | notify the person that: the person's identifying information was misused by another person arrested in the county;the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY | the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and (2) notify the Department of Public Safety regarding: the misuse of the identifying information |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY | the actual identity of the person arrested, if known by the agency; and whether the agency was able to notify the person whose identifying information was misused. |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION | 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 agency that employs the peace officer that includes the following information |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION | the name of the victim; (2) the name of the suspect, if known; (3) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION | the results of any investigation. |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION | On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION | In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | aggravated sexual assault under Section 22.021, Penal Code; and |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | ) terroristic threat under Section 22.07, Penal Code. A peace officer who investigates the alleged commission of an offense listed above shall |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | Prepare a written report that includes the information required under Article 5.05(a |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | On request of a victim of an offense, the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | (1) contained in the written report prepared under Subsection (b);(2) described by Article 5.05(a)(1) or (2); and (3) not exempt from disclosure under Chapter 552, Government Code, or other law. |
| Art. 3.05. RACIAL PROFILING. | In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national |
| Art. 2.131. RACIAL PROFILING PROHIBITED. | A peace officer may not engage in racial profiling |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | provide public education relating to the agency's complaint process |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING | (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | a physical description of any person operating the motor vehicle who is detained as a result of the stop, including |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | (A) the person's gender; and ) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | ) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop |
| Art. 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 |
| Art. 2.1385. CIVIL PENALTY | If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation |
| Art. 59.01. DEFINITIONS | Contraband" means property of any nature, including real, personal, tangible, or intangible |
| Art. 59.01. DEFINITIONS | , that is: Used in the commission of: any first or second degree felony under the Penal Code; |
| Art. 59.01. DEFINITIONS | Any felony under Section 15.031(b), 20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or 35, Penal Code; Any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
| Art. 59.01. DEFINITIONS | Used or intended to be used in the commission of: any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act); |
| Art. 59.01. DEFINITIONS | any felony under Chapter 483, Health and Safety Code any felony under Chapter 34, Penal Code |
| Art. 59.01. DEFINITIONS | A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter |
| Art. 59.01. DEFINITIONS | any offense under Section 42.10, Penal Code; |
| Art. 59.01. DEFINITIONS | Any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree |
| Art. 59.01. DEFINITIONS | state jail felony, if the defendant has been previously convicted three times of an offense under that chapter; |
| Art. 59.02. FORFEITURE OF CONTRABAND | Property that is contraband is subject to seizure and forfeiture under this chapter |
| Art. 59.02. FORFEITURE OF CONTRABAND | Any property that is contraband other than property held as evidence in a criminal investigation or a pending criminal case, money, a negotiable instrument |
| Art. 59.02. FORFEITURE OF CONTRABAND | or a security that is seized under this chapter may be replevied by the owner or interest holder of the property, on execution of a good and valid bond with sufficient surety in a sum equal to the appraised value of the property replevied. |
| Art. 59.03. SEIZURE OF CONTRABAND. | 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 a search warrant. |
| Art. 59.03. SEIZURE OF CONTRABAND. | the owner, operator, or agent in charge of the property knowingly consents |
| Art. 59.03. SEIZURE OF CONTRABAND. | the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents |
| Art. 59.03. SEIZURE OF CONTRABAND. | the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter |
| Art. 59.03. SEIZURE OF CONTRABAND. | the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest |
| Art. 59.03. SEIZURE OF CONTRABAND. | A peace officer who seizes property under this chapter has custody of the property shall provide the attorney representing the state with a sworn statement that contains a schedule of the property seized, |
| Art. 59.03. SEIZURE OF CONTRABAND. | an acknowledgment that the officer has seized the property, and a list of the officer's reasons for the seizure |
| Art. 59.03. SEIZURE OF CONTRABAND. | Not later than 72 hours after the seizure, the peace officer shall |
| Art. 59.03. SEIZURE OF CONTRABAND. | 1) place the property under seal; (2) remove the property to a place ordered by the court; or (3) require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location. |
| Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. | If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure |
| Art. 4.03. COURTS OF APPEALS | Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed |
| Art. 4.03. COURTS OF APPEALS | This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court |
| Art. 4.03. COURTS OF APPEALS | or county court at law, in which the fine imposed or affirmed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, |
| Art. 4.03. COURTS OF APPEALS | unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based |
| Art. 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 district courts |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION | The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION | or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION | 6. The county courts; 7. All county courts at law with criminal jurisdiction; 8. County criminal courts; 9. Justice courts; 10. Municipal courts; and 11. The magistrates appointed by the judges of the district courts of Lubbock County |
| Art. 4.04. COURT OF CRIMINAL APPEALS | The Court of Criminal Appeals shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari |
| Art. 4.04. COURT OF CRIMINAL APPEALS | The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final |
| Art. 4.04. COURT OF CRIMINAL APPEALS | The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. In addition, the Court of Criminal Appeals may, on its own motion |
| Art. 4.04. COURT OF CRIMINAL APPEALS | , with or without a petition for such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case |
| Art. 4.04. COURT OF CRIMINAL APPEALS | Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion |
| Art. 4.05. JURISDICTION OF DISTRICT COURTS | District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony |
| Art. 4.05. JURISDICTION OF DISTRICT COURTS | All misdemeanors involving official misconduct, Misdemeanor cases transferred to the district court under Article 4.17 of this code. |
| Art. 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 fine to be imposed shall exceed five hundred dollars |
| Art. 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 |
| Art. 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 a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS | Justices of the peace shall have original jurisdiction in criminal cases punishable by fine only or punishable by a fine; and as authorized by statute, a sanction not consisting of confinement or imprisonment |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS | arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS | A justice court has concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | in the precinct in which the offense was committed; (2) in the precinct in which the defendant or any of the defendants reside |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county; or |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT | in the next adjacent precinct in the same county which has a duly qualified justice court; or (2) in the precinct in which the defendant may reside |
| Art. 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, regardless of the amount |
| Art. 5.01. LEGISLATIVE STATEMENT | Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law |
| Art. 5.01. LEGISLATIVE STATEMENT | In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim |
| Art. 5.02. DEFINITIONS | In this chapter, "family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | ) arise under the ordinances of the municipality; and (2) are punishable by a fine not to exceed |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, including dumping of refuse |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | $500 in all other cases arising under a municipal ordinance. |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | The municipal court shall have concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | arise within the territorial limits of the municipality and are punishable by fine only, as defined in Subsection (c) of this article; or |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | jurisdiction for all criminal cases arising from offenses under state law that are: (1) committed on the boundary of those municipalities or within 200 yards of that boundary; and |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT | punishable by fine only. Can issue a warrant to seize an ani mal being treated cruelly. Truancy cases. |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | ) aggravated sexual assault under Section 22.021, Penal Code; and (5) terroristic threat under Section 22.07, Penal Code. A peace officer who investigates the alleged commission of an offense listed above |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | Shall prepare a written report that includes the information required under Article 5.05 |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES | On request of a victim of an offense, the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim |
| Art. 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 because of a family or household relationship between an alleged violator and the victim of family violence |
| Art. 5.04. DUTIES OF PEACE OFFICERS | The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state |
| Art. 5.04. DUTIES OF PEACE OFFICERS | , enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators |
| Art. 5.04. DUTIES OF PEACE OFFICERS | A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation |
| Art. 5.04. DUTIES OF PEACE OFFICERS | or call matches the address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center |
| Art. 5.04. DUTIES OF PEACE OFFICERS | A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence |
| Art. 5.04. DUTIES OF PEACE OFFICERS | including giving written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims. |
| Art. 5.04. DUTIES OF PEACE OFFICERS | A written notice required by Subsection (b) of this article is sufficient if it is in substantially the following form with the required information in English and in Spanish inserted in the notice: |
| Art. 5.04. DUTIES OF PEACE OFFICERS | It is a crime for any person to cause you any physical injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR FAMILY OR HOUSEHOLD |
| Art. 5.04. DUTIES OF PEACE OFFICERS | NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE "Please tell the investigating peace officer: "IF you, your child, or any other household resident has been injured; or "IF you feel you are going to be in danger when the officer leaves or later |
| Art. 5.04. DUTIES OF PEACE OFFICERS | You have the right to: "ASK the local prosecutor to file a criminal complaint against the person committing family violence; and |
| Art. 5.04. DUTIES OF PEACE OFFICERS | "APPLY to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney). |
| Art. 5.04. DUTIES OF PEACE OFFICERS | If a family or household member assaults you and is arrested, you may request that a magistrate's order for emergency protection be issued |
| Art. 5.04. DUTIES OF PEACE OFFICERS | Please inform the investigating officer if you want an order for emergency protection. You need not be present when the order is issued. |
| Art. 5.04. DUTIES OF PEACE OFFICERS | You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order |
| Art. 5.04. DUTIES OF PEACE OFFICERS | For example, the court can enter an order that: "(1) the abuser not commit further acts of violence; |
| Art. 5.04. DUTIES OF PEACE OFFICERS | "(2) the abuser not threaten, harass, or contact you at home; "(3) directs the abuser to leave your household; and |
| Art. 5.04. DUTIES OF PEACE OFFICERS | "(4) establishes temporary custody of the children and directs the abuser not to interfere with the children or any property |
| Art. 5.04. DUTIES OF PEACE OFFICERS | A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION (such as (1) and (2) above) MAY BE A FELONY. |
| Art. 5.04. DUTIES OF PEACE OFFICERS | CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY | |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY | |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY | |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY |
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