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Art. 1.02. EFFECTIVE DATE. This Code shall take effect and be in force on and after January 1, 1966.
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 1. To adopt measures for preventing the commission of crime
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 2. To exclude the offender from all hope of escape;
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 3. To insure a trial with as little delay as is consistent with the ends of justice;
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 5. To insure a fair and impartial trial;
Art. 1.03. OBJECTS OF THIS CODE. Seeks to: 6. The certain execution of the sentence of the law when declared.
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,
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 shall have a speedy public trial by an impartial jury. the right to demand the nature and cause of the accusation against him, and to have a copy thereof. not be compelled to give evidence against himself.
Art. 1.05. RIGHTS OF ACCUSED the right of being heard by himself, or counsel, or both. shall be confronted with the witnesses against him. shall have compulsory process for obtaining witnesses in his favor.
Art. 1.05. RIGHTS OF ACCUSED No person shall be held to answer for a felony unless on indictment of a grand jury.
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 includes: right to consult in private in advance of a proceeding to allow adequate preparation for the proceeding.
Art. 1.06. SEARCHES AND SEIZURES people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches.
Art. 1.06. SEARCHES AND SEIZURES No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation
Art. 1.07. RIGHT TO BAIL. prisoners shall be bailable unless for capital offenses when the proof is evident
Art. 1.08. 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 or 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
Art. 1.11. ACQUITTAL A BAR. But if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction.
Art. 1.12. RIGHT TO JURY. The right of trial by jury shall remain inviolate
Art. 1.13. WAIVER OF TRIAL BY JURY in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court&defendant that it will seek the death penalty shall have the right to enter a plea,to waive right of trial by jury
Art. 1.13. WAIVER OF TRIAL BY JURY must be made in person by defendant in writing in open court with consent & approval of the court, and attorney rep the state.
Art. 1.13. WAIVER OF TRIAL BY JURY a capital felony case in which the attorney rep the State notifies the court and the defendant that it will not seek the death penalty defendant may waive the right to trial by jury only if the attorney rep the State in writing open court consents
Art. 1.13. WAIVER OF TRIAL BY JURY Before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him.
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 defendant, upon entering a plea, has in open court in person waived his right of trial by jury in writing in accordance w/ Articles 1.13 and 1.14;
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. 1.17. RELIGIOUS BELIEF but all oaths or affirmations will be administered in a mode most binding upon the conscience, and shall be taken subject to pains & penalties of perjury.
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. 1.21. PRIVILEGE OF LEGISLATORS. in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.
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. 1.23. DIGNITY OF STATE The style of all writs and process shall be "The State of Texas". All prosecutions shall be carried on "in the name and by authority of The State of Texas", and conclude, "against the peace and dignity of 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. The justices of the Supreme Court, Judges of the Court of Criminal Appeals, Justices of the Courts of Appeals, Judges of the District Court, Magistrates appointed by the judges of the district courts of Bexar County Dallas County,or Tarrant County that give preference to criminal cases The county judges, Judges of the county courts at law, Judges of the county criminal courts, Judges of statutory probate courts, Associate judges appointed by the judges of the statutory probate courts, 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; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
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 waived his right of trial by jury in writing in accordance with Articles 1.13 and 1.14;
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, constables, deputy constables marshals or police officers of an incorporated city, town, or village, Anyone who works for a governmental unit of government and holds a peace officer license.
Art. 2.121. RAILROAD PEACE OFFICERS. The director of the Department of Public Safety may appoint up to 250, to aid law enforcement agencies in the protection of railroad property A railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent injury to passengers and employees or rail road, RR propty. A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
Art. 2.122. SPECIAL INVESTIGATORS. not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state FBI,CIA,ICE,AFTE,DEA,NCIS,
Art. 2.123. ADJUNCT POLICE OFFICERS counties under 200,000 population, the chief of police of a municipality or the sheriff of the countymay appoint up to 50 peace officers who are commissioned under Section 51.212
Art. 2.123. ADJUNCT POLICE OFFICERS Officers appointed under this article shall aid law enforcement agenciesonly within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution
Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES 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 the state they are in has physical custody of an inmate or criminal defendant and is transporting the inmate,or is returning the inmate to adjoining stat, or is trying to regain custudy
Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. The director of the DPS may appoint up to 50 special rangers who are employed by the TX and Southwestern Cattle Raisers Association in investigation of the theft of livestock or related property.ranger may not issue a traffic citation for a violation
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 is vested with all the powers, privileges, and immunities of peace officers, ) Outside the boundaries of the tribe's reservation only if summond by another office or assisting another officer
Art. 2.13. DUTIES AND POWERS. It is the duty of every peace officer to preserve the peace within the officer's jurisdiction.officer shall use all lawful means.It is the duty of every officer to take possession of a child under Article 63.009(g).
Art. 2.16. NEGLECTING TO EXECUTE PROCESS. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons ect..for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt No less than 10 but no more than 200 dollars
Art. 2.17. CONSERVATOR OF THE PEACE. Each sheriff shall be a conservator of the peace in his county
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, but will not violate rights, bail, but will guard the prisoner 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. but if no sheriff those of the office. under law is empowered duties of sheriff if no office
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE highest priority in accordance with rules adopted by the Department of Family and Protective Services that alledge risk of sexual abse to child resulting In death
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE will investigate no later than 24hrs aftr notification
Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. On receipt of a report of abuse, neglect, exploitation of a nursing home, convalescent home, or other related institution officer must investigate under Section 260A.017, Health and Safety Code
Art. 2.28. DUTIES REGARDING MISUSED IDENTITY. if arrested person found to use fake id, officer must notify real person, notify dps of the person
Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. peace officer must fill out a form to his agency about the crime and include name of victm, of suspect, evidence, and results of investigation
Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. assult,agrivated assault,sexual asslt, terroristic threat
Art. 3.05. RACIAL PROFILING. "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 or on information identifying the individual as having engaged in criminal activity.
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 agency will have a policy and state its stand , punishment and how to repot racial profiling, and educate on it
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. police officer that make a traffic stop will repot description,gender,race,if contraband was found, why the stop, street address,
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 or under a policy adopted under Article 2.132.
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, that is: used in any offence under the penile code
Art. 59.02. FORFEITURE OF CONTRABAND. Property that is contraband is subject to seizure and forfeiture, any contraband is evidence in pending or actual criminal cases
Art. 59.03. SEIZURE OF CONTRABAND. Seizure of property subject to forfeiture may be made without warrant if
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. 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 death penalty has been assessed.
Art. 4.04. COURT OF CRIMINAL APPEALS is final for the state in all criminal cases appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals
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, All misdemeanors involving official misconduct
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. Only a fine no jail time, class c misdemeanors. fine no bigger than 500
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 Victims of family violence are entitled to the maximum protectionthe 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. "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 jurisdiction within the territorial limits of the municipality in all criminal cases that:clas c misdemeanors, civil and ) $2,000 in all city ordeneces(fire, health code)
Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim.
Art. 5.045. STANDBY ASSISTANCE; LIABILITY discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner. officer is not civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance; (2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
Art. 5.05. REPORTS AND RECORDS. Dates,names,visible injuries, description of what happened, if suspect is member of the armed forces
Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES is in the venue of the offence where it took place
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)
Created by: Hannibal3233