Texas Code of Criminal Procedure

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The Code of Criminal Procedure, [1] sometimes called the Code of Criminal Procedure of 1965 [2] or the Code of Criminal Procedure, 1965, [3] is an Act of the Texas State Legislature. The Act is a code of the law of criminal procedure of Texas.

Contents

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. [4]

For the purpose of citation, Texas Code of Criminal Procedure or Texas Criminal Procedure Code may be abbreviated to Tex Crim Proc [5] or Tex Crim Pro [6] or Tx Crim Proc [7] or Tx Crim Pro [8] or Tx Code Crim Proc [9] or Tx Code Crim Pro [10] or Tex Code Crim Proc [11] or Tex Code Crim Pro [12] or Code Crim Proc Tex [13] or Code Crim Pro Tex. [14]

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 [15]  that never made it through the state legislature. [16]  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. [17]

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. [15]

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. [18]

This code is sometimes called the "new code" as it replaces the previous criminal procedure code. The Code of Criminal Procedure of 1856 [19] was the first criminal procedure code to be enacted in Texas. It was followed by the Code of Criminal Procedure of 1879, [20] the Code of Criminal Procedure of 1895, [21] the Code of Criminal Procedure of 1911, [22] and the Code of Criminal Procedure of 1925. [23]

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. [24]

  1. Title 1: Code of Criminal Procedure
    1. Chapter 1: General Provisions
    2. Chapter 2: General Duties of Officers
    3. Chapter 3: Definitions
    4. Chapter 4: Courts and Criminal Jurisdiction
    5. Chapter 5: Family Violence Prevention
    6. Chapter 6: Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses
    7. Chapter 7: Proceeds Before Magistrates to Prevent Offense
      1. Chapter 7B: Protective Orders
    8. Chapter 8: Suppression of Riots and Other Disturbances
    9. Chapter 9: Offenses Injurious to Public Health
    10. Chapter 10: (No Chapter 10)
    11. Chapter 11: Habeas Corpus
    12. Chapter 12: Limitation
    13. Chapter 13: Venue
    14. Chapter 14: Arrest Without Warrant
    15. Chapter 15: Arrest Under Warrant
    16. Chapter 16: The Commitment or Discharge of the Accused
    17. Chapter 17: Bail
      1. Chapter 17A: Corporations and Associations
    18. Chapter 18: Search Warrants
      1. Chapter 18A: Detection, Interception, and Use of Wire, Oral, and Electronic Communications
      2. Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications
    19. Chapter 19A: Grand Jury Organization
    20. Chapter 20A: Grand Jury Proceedings
    21. Chapter 21: Indictment and Information
    22. Chapter 22: Forfeiture of Bail
    23. Chapter 23: The Capias
    24. Chapter 24: Subpoenas and Attachment
      1. Chapter 24A: Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information
    25. Chapter 25: Service of a Copy of an Indictment
    26. Chapter 26: Arraignment
    27. Chapter 27: The Pleading in Criminal Actions
    28. Chapter 28: Motions, Pleadings, and Exceptions
    29. Chapter 29: Continuance
    30. Chapter 30: Disqualification of the Judge
    31. Chapter 31: Change of Venue
    32. Chapter 32: Dismissing Prosecutions
      1. Chapter 32A: Speedy Trial
    33. Chapter 33: The Mode of Trial
    34. Chapter 34: Special Venire in Capital Cases
    35. Chapter 35: Formation of the Jury
    36. Chapter 36: Trial Before the Jury
    37. Chapter 37: The Verdict
    38. Chapter 38: Evidence in Criminal Actions
    39. Chapter 39: Depositions in Discovery
    40. Chapter 40: New Trials
    41. (No Chapter 41)
    42. Chapter 42: Judgement and Sentence
      1. Chapter 42A: Community Supervision
    43. Chapter 43: Execution of Judgement
    44. Chapter 44: Appeal and Writ of Error
    45. Chapter 45: Justice and Municipal Courts
    46. Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability
      1. Chapter 46B: Incompetency to Stand Trial
      2. Chapter 46C: Insanity Defense
    47. Chapter 47: Disposition of Stolen Property
    48. Chapter 48: Pardon and Parole
    49. Chapter 49: Inquests Upon Dead Bodies
    50. Chapter 50: Fire Inquests
    51. Chapter 51: Fugitives from Justice
    52. Chapter 52: Court of Inquiry
    53. (No Chapter 53)
    54. (No Chapter 54)
    55. Chapter 55: Expunction of Criminal Records
    56. Chapter 56A: Rights of Crime Victims
      1. Chapter 56B: Crime Victims' Compensation
    57. (No Chapter 57)
    58. Chapter 58: Confidentiality of Identifying Information and Medical Records of Certain Crime Victims
    59. Chapter 59: Forfeiture of Contraband
    60. (No Chapter 60)
    61. (No Chapter 61)
    62. Chapter 62: Sex Offender Registration Program
    63. Chapter 63: Missing Children and Missing Persons
    64. Chapter 64: Motion for Forensic DNA Testing
    65. (No Chapter 65)
    66. Chapter 66: Criminal History Record System
    67. Chapter 67: Compilation of Information Pertaining to Combinations and Criminal Street Gangs
  2. Title 2: Code of Criminal Procedure (Costs, Fees, Expenses)
    1. Chapter 101: General Provisions
    2. Chapter 102: Costs, Fines, and Fees Paid by Defendants
    3. Chapter 103: Payment, Collection, and Record keeping
    4. 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 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 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.

Terminology

Below is a list of some of the legal terms that appear within the Code of Criminal Procedure. [25]

  1. Magistrate is defined by Article 2.09 of the Code.
  2. Peace officer is defined by Article 2.12 of the Code.
  3. Witnesses are persons who give written or oral testimony at a court hearing.
  4. Defendants are persons who are accused of committing a crime.
  5. Prosecutors are the lawyers who are seeking to prove the charges against the defendant.
  6. Petit Juries are the unassociated, impartial group of six to twelve civilians who adjudicate evidence and pass verdicts.
  7. Grand Juries are the unassociated, impartial group of more than 12 citizens who decide whether a prosecutor has probable cause to continue a case.
  8. Indictment is defined by Article 21.01 of the Code.
  9. Depositions are statements made under oath during a trial in which facts or information are shared.
  10. Warrants are court issued documents giving legal authority to officers in order to conduct searches or arrests.
  11. 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.
  12. 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

See also

Related Research Articles

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Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty, not guilty, and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of nolo contendere and the Alford plea are allowed in some circumstances.

In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, even if the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense.

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

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Nolo contendere is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest or no defense.

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In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, nolo contendere, no case to answer, or Alford plea.

<span class="mw-page-title-main">Jury</span> Group of people to render a verdict in a court

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A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.

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Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.

<span class="mw-page-title-main">Committal procedure</span> Replacement of earlier grand jury process except in US

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In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant, especially when the court deems it necessary and prudent in the "interest of justice."

An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings, and is nearly as old as the better-known indictment, with which it has always coexisted.

<span class="mw-page-title-main">Pre-trial detention</span> Detention after arrest and charge until a trial

Pre-trial detention, also known as preventive detention, provisional detention, or remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

<span class="mw-page-title-main">Wisconsin circuit courts</span>

The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 10 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases. Each of the 249 circuit court judges are elected and serve six-year terms.

The motion to dismiss in the interest of justice is a provision of the New York Criminal Procedure Law (CPL) § 210.40; since being interpreted in People v. Clayton, it has been known as a "Clayton motion".

A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed. In some cases, an order of non-disclosure can be obtained, and sometimes a record can be expunged.

References

  1. ↑ The citation of this Act by this short title is authorised by article 1.01 of this Act.
  2. ↑ Vernon'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.
  3. ↑ Vernon's Annotated Code of Criminal Procedure of the State of Texas. 1979. Volume 6.
  4. ↑ Thomson Reuters. “Vernon's Texas Statutes and Codes Annotated.” Thomson Reuters Westlaw. Accessed October 13, 2022.
  5. ↑ Family Law Code 2006: Selected Statutes
  6. ↑ American Journal of Criminal Law
  7. ↑ New Hampshire Bar Journal
  8. ↑ WESTLAW Reference Manual
  9. ↑ Understanding Capital Punishment Law
  10. ↑ Criminal Law Series
  11. ↑ The Judges' Journal
  12. ↑ Federal Grand Jury
  13. ↑ Vernon's Annotated Code of Criminal Procedure of the State of Texas
  14. ↑ The American and English Encyclopaedia of Law
  15. 1 2 Reid, William (April 1966). "The Texas Code of Criminal Procedure" (PDF). Texas Law Review. 44 (5).
  16. ↑ "Legislative Reference Library | Collections | Timeline of the revision process". lrl.texas.gov. Retrieved 2022-11-17.
  17. ↑ Erisman, Fred (December 22, 1964). "Revision of Code of Criminal Procedure" (PDF). Texas Bar Journal. 27 (11).
  18. ↑ "Legislative Reference Library | Legislation | Texas law timeline". lrl.texas.gov. Retrieved 2022-11-17.
  19. ↑ Paschal. "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. .
  20. ↑ 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.
  21. ↑ 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:
  22. ↑ "The Code of Criminal Procedure". Vernon's Criminal Statutes of Texas. 1916. Volume 2: .
  23. ↑ 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.
  24. ↑ "Texas Constitution and Statutes - Home". statutes.capitol.texas.gov. Retrieved 2022-11-17.
  25. ↑ "Glossary of Legal Terms". United States Courts. Retrieved 2022-11-17.
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