The Code of Criminal Procedure,The citation of this Act by this short title is authorised by article 1.01 of this Act. sometimes called the Code of Criminal Procedure of 1965Vernon's Annotated Code of Criminal Procedure of the State of Texas. 1966. Volume 3A. Volume 5: . Volume 5: 1966 to 1977 Pamphlet Supplement. 1977. Volume 1. 1979. Volume 5. 1989. Volume 2A. Volume 6: 2006 Supplementary Pamphlet. Vernon's Texas Statutes. 1968 Supplement. Texas Criminal Procedure Code and Rules. 2004 Edition. Vernon's Texas Statutes Annotated: Code of Criminal Procedure. 2006. Articles 42.121 to 46B.End. Article 27.00 to 31.End. or the Code of Criminal Procedure, 1965,Vernon's Annotated Code of Criminal Procedure of the State of Texas. 1979. Volume 6. 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.Thomson Reuters. “Vernon's Texas Statutes and Codes Annotated.” Thomson Reuters Westlaw. Accessed October 13, 2022.
For the purpose of citation, Texas Code of Criminal Procedure or Texas Criminal Procedure Code may be abbreviated to Tex Crim ProcFamily Law Code 2006: Selected Statutes or Tex Crim ProAmerican Journal of Criminal Law or Tx Crim ProcNew Hampshire Bar Journal or Tx Crim ProWESTLAW Reference Manual or Tx Code Crim ProcUnderstanding Capital Punishment Law or Tx Code Crim ProCriminal Law Series or Tex Code Crim ProcThe Judges' Journal or Tex Code Crim ProFederal Grand Jury or Code Crim Proc TexVernon's Annotated Code of Criminal Procedure of the State of Texas or Code Crim Pro Tex.The American and English Encyclopaedia of Law
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 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.Erisman, Fred (December 22, 1964). "Revision of Code of Criminal Procedure" (PDF). Texas Bar Journal. 27 (11).
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 1856Paschal. "Criminal Procedure". A Digest of the Laws of Texas. Fourth Edition. 1875. Volume 1. Page 474 et seq. Third Edition. 1873. Volume 1. Page 474 et seq. 1866. Page 474 et seq. Oldham and White. "The Code of Criminal Procedure". A Digest of the General Statute Laws of the State of Texas. 1859. Page 567 et seq: . The Code of Criminal Procedure of the State of Texas. 1857. . was the first criminal procedure code to be enacted in Texas. It was followed by the Code of Criminal Procedure of 1879,Wilson. "Code of Criminal Procedure". Revised Penal Code and Code of Criminal Procedure. Third Edition. 1891. Part II: . Clark. "The Code of Criminal Procedure". The Criminal Laws of Texas. 1881. Page 293 et seq. the Code of Criminal Procedure of 1895,Wilson and McMillan. "Code of Criminal Procedure". The Penal Code and Code of Criminal Procedure of the State of Texas. Fourth Edition. 1896. Part II: the Code of Criminal Procedure of 1911,"The Code of Criminal Procedure". Vernon's Criminal Statutes of Texas. 1916. Volume 2: . and the Code of Criminal Procedure of 1925.Vernon's Annotated Code of Criminal Procedure of the State of Texas, Revision of 1925. Vernon Law Book Company. Kansas City. 1926. "Code of Criminal Procedure". Vernon's Texas Statutes 1936. Centennial Edition.
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 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: Habeas Corpus 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 Chapter 17A: Corporations and Associations Chapter 18: Search Warrants 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 Chapter 24: Subpoenas 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, Pleadings, 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 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 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 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.