Texas Code of Criminal Procedure


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 Act is a code of the law of criminal procedure of Texas.
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, bail, 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 and the Supreme Court of Texas 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 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.
  1. Title 1: Code of Criminal Procedure
  2. # : General Provisions
  3. # : General Duties of Officers
  4. # : Definitions
  5. # : Courts and Criminal Jurisdiction
  6. # : Family Violence Prevention
  7. # : Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses
  8. # : Proceeds Before Magistrates to Prevent Offense
  9. ## : Protective Orders
  10. # : Suppression of Riots and Other Disturbances
  11. # : Offenses Injurious to Public Health
  12. # Chapter 10:
  13. # : Habeas Corpus
  14. # : Limitation
  15. # : Venue
  16. # Arrest Without Warrant
  17. # : Arrest Under Warrant
  18. # : The Commitment or Discharge of the Accused
  19. # : Bail
  20. ## : Corporations and Associations
  21. # : Search Warrants
  22. ## : Detection, Interception, and Use of Wire, Oral, and Electronic Communications
  23. ## : Installation and Use of Tracking Equipment; Access to Communications
  24. # : Grand Jury Organization
  25. # : Grand Jury Proceedings
  26. # : Indictment and Information
  27. # : Forfeiture of Bail
  28. # : The Capias
  29. # : Subpoenas and Attachment
  30. ## : Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information
  31. # : Service of a Copy of an Indictment
  32. # : Arraignment
  33. # : The Pleading in Criminal Actions
  34. # : Motions, Pleadings, and Exceptions
  35. # : Continuance
  36. # : Disqualification of the Judge
  37. # : Change of Venue
  38. # : Dismissing Prosecutions
  39. ## : Speedy Trial
  40. # : The Mode of Trial
  41. # : Special Venire in Capital Cases
  42. # : Formation of the Jury
  43. # : Trial Before the Jury
  44. # : The Verdict
  45. # : Evidence in Criminal Actions
  46. # : Depositions in Discovery
  47. # : New Trials
  48. #
  49. # : Judgement and Sentence
  50. ## : Community Supervision
  51. # : Execution of Judgement
  52. # : Appeal and Writ of Error
  53. # : Justice and Municipal Courts
  54. # : Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability
  55. ## : Incompetency to Stand Trial
  56. ## : Insanity Defense
  57. # : Disposition of Stolen Property
  58. # : Pardon and Parole
  59. # : Inquests Upon Dead Bodies
  60. # : Fire Inquests
  61. # : Fugitives from Justice
  62. # : Court of Inquiry
  63. #
  64. #
  65. # : Expunction of Criminal Records
  66. # : Rights of Crime Victims
  67. ## : Crime Victims' Compensation
  68. #
  69. # : Confidentiality of Identifying Information and Medical Records of Certain Crime Victims
  70. # : Forfeiture of Contraband
  71. #
  72. #
  73. # : Sex Offender Registration Program
  74. # : Missing Children and Missing Persons
  75. # : Motion for Forensic DNA Testing
  76. #
  77. # : Criminal History Record System
  78. # : Compilation of Information Pertaining to Combinations and Criminal Street Gangs
  79. Title 2: Code of Criminal Procedure
  80. # : General Provisions
  81. # : Costs, Fines, and Fees Paid by Defendants
  82. # : Payment, Collection, and Record keeping
  83. # : 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 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 criterion 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 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 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.