CODE OF CRIMINAL PROCEDURE

PART 1. CODE OF CRIMINAL PROCEDURE OF 1965

CHAPTER 1. GENERAL PROVISIONS

Article 1.01. Short title

This Act shall be known, and may be cited, as the "Code of Criminal
Procedure".

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.02. Effective date

This Code shall take effect and be in force on and after January 1,
1966. The procedure herein prescribed shall govern all criminal
proceedings instituted after the effective date of this Act and all
proceedings pending upon the effective date hereof insofar as are
applicable.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.03. [1] [1] Objects of this Code

This Code is intended to embrace rules applicable to the prevention
and prosecution of offenses against the laws of this State, and to
make the rules of procedure in respect to the prevention and
punishment of offenses intelligible to the officers who are to act
under them, and to all persons whose rights are to be affected by
them. It seeks:

1. To adopt measures for preventing the commission of crime;

2. To exclude the offender from all hope of escape;

3. To insure a trial with as little delay as is consistent with the
ends of justice;

4. To bring to the investigation of each offense on the trial all
the evidence tending to produce conviction or acquittal;

5. To insure a fair and impartial trial; and

6. The certain execution of the sentence of the law when declared.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.04. [2] [3] 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.05. [3] [4] 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. He shall not be compelled to give evidence against
himself. He shall have the right of being heard by himself, or
counsel, or both; shall be confronted with the witnesses against
him, and shall have compulsory process for obtaining witnesses in
his favor. No person shall be held to answer for a felony unless on
indictment of a grand jury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.051. Right to representation by counsel

(a) 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 in advance of a proceeding to allow
adequate preparation for the proceeding.

(b) For the purposes of this article and Articles 26.04 and 26.05 of
this code, "indigent" means a person who is not financially able to
employ counsel.

(c) An indigent defendant is entitled to have an attorney appointed
to represent him in any adversary judicial proceeding that may
result in punishment by confinement and in any other criminal
proceeding if the court concludes that the interests of justice
require representation. Except as otherwise provided by this
subsection, if an indigent defendant is entitled to and requests
appointed counsel and if adversarial judicial proceedings have been
initiated against the defendant, a court or the courts' designee
authorized under Article 26.04 to appoint counsel for indigent
defendants in the county shall appoint counsel as soon as possible,
but not later than the end of the third working day after the date on
which the court or the courts' designee receives the defendant's
request for appointment of counsel. In a county with a population
of 250,000 or more, the court or the courts' designee shall appoint
counsel as required by this subsection as soon as possible, but not
later than the end of the first working day after the date on which
the court or the courts' designee receives the defendant's request
for appointment of counsel.

(d) An eligible indigent defendant is entitled to have the trial
court appoint an attorney to represent him in the following
appellate and postconviction habeas corpus matters:

(1) an appeal to a court of appeals;

(2) an appeal to the Court of Criminal Appeals if the appeal is made
directly from the trial court or if a petition for discretionary
review has been granted;

(3) a habeas corpus proceeding if the court concludes that the
interests of justice require representation; and

(4) any other appellate proceeding if the court concludes that the
interests of justice require representation.

(e) An appointed counsel is entitled to 10 days to prepare for a
proceeding but may waive the preparation time with the consent of
the defendant in writing or on the record in open court. If a
nonindigent defendant or an indigent defendant who has refused
appointed counsel in order to retain private counsel appears
without counsel at a proceeding after having been given a
reasonable opportunity to retain counsel, the court, on 10 days'
notice to the defendant of a dispositive setting, may proceed with
the matter without securing a written waiver or appointing counsel.

(f) A defendant may voluntarily and intelligently waive in writing
the right to counsel.

(g) If a defendant wishes to waive his right to counsel, the court
shall advise him of the dangers and disadvantages of
self-representation. If the court determines that the waiver is
voluntarily and intelligently made, the court shall provide the
defendant with a statement substantially in the following form,
which, if signed by the defendant, shall be filed with and become
part of the record of the proceedings:

"I have been advised this ______ day of __________, 19___, by the (name of court) Court of my right to representation by counsel in the trial of the charge pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of the defendant)"

(h) A defendant may withdraw a waiver of the right to counsel at any
time but is not entitled to repeat a proceeding previously held or
waived solely on the grounds of the subsequent appointment or
retention of counsel. If the defendant withdraws a waiver, the
trial court, in its discretion, may provide the appointed counsel
10 days to prepare.

(i) Except as otherwise provided by this subsection, if an indigent
defendant is entitled to and requests appointed counsel and if
adversarial judicial proceedings have not been initiated against
the defendant, a court or the courts' designee authorized under
Article 26.04 to appoint counsel for indigent defendants in the
county shall appoint counsel immediately following the expiration
of three working days after the date on which the court or the
courts' designee receives the defendant's request for appointment
of counsel. If adversarial judicial proceedings are initiated
against the defendant before the expiration of the three working
days, the court or the courts' designee shall appoint counsel as
provided by Subsection (c). In a county with a population of
250,000 or more, the court or the courts' designee shall appoint
counsel as required by this subsection immediately following the
expiration of one working day after the date on which the court or
the courts' designee receives the defendant's request for
appointment of counsel. If adversarial judicial proceedings are
initiated against the defendant before the expiration of the one
working day, the court or the courts' designee shall appoint
counsel as provided by Subsection (c).

(j) Notwithstanding any other provision of this section, if an
indigent defendant is released from custody prior to the
appointment of counsel under this section, appointment of counsel
is not required until the defendant's first court appearance or
when adversarial judicial proceedings are initiated, whichever
comes first.

(k) A court or the courts' designee may without unnecessary delay
appoint new counsel to represent an indigent defendant for whom
counsel is appointed under Subsection (c) or (i) if:

(1) the defendant is subsequently charged in the case with an
offense different from the offense with which the defendant was
initially charged; and

(2) good cause to appoint new counsel is stated on the record as
required by Article 26.04(j)(2).

Added by Acts 1987, 70th Leg., ch. 979, Sec. 1, eff. Sept. 1, 1987.
Subsec. (c) amended by and Subsecs. (i) to (k) added by Acts 2001,
77th Leg., ch. 906, Sec. 2, eff. Jan. 1, 2002.

Art. 1.052. Signed Pleadings of Defendant

(a) A pleading, motion, and other paper filed for or on behalf of a
defendant represented by an attorney must be signed by at least one
attorney of record in the attorney's name and state the attorney's
address. A defendant who is not represented by an attorney must
sign any pleading, motion, or other paper filed for or on the
defendant's behalf and state the defendant's address.

(b) The signature of an attorney or a defendant constitutes a
certificate by the attorney or defendant that the person has read
the pleading, motion, or other paper and that to the best of the
person's knowledge, information, and belief formed after
reasonable inquiry that the instrument is not groundless and
brought in bad faith or groundless and brought for harassment,
unnecessary delay, or other improper purpose.

(c) If a pleading, motion, or other paper is not signed, the court
shall strike it unless it is signed promptly after the omission is
called to the attention of the attorney or defendant.

(d) An attorney or defendant who files a fictitious pleading in a
cause for an improper purpose described by Subsection (b) or who
makes a statement in a pleading that the attorney or defendant knows
to be groundless and false to obtain a delay of the trial of the
cause or for the purpose of harassment shall be held guilty of
contempt.

(e) If a pleading, motion, or other paper is signed in violation of
this article, the court, on motion or on its own initiative, after
notice and hearing, shall impose an appropriate sanction, which may
include an order to pay to the other party or parties to the
prosecution or to the general fund of the county in which the
pleading, motion, or other paper was filed the amount of reasonable
expenses incurred because of the filing of the pleading, motion, or
other paper, including reasonable attorney's fees.

(f) A court shall presume that a pleading, motion, or other paper is
filed in good faith. Sanctions under this article may not be
imposed except for good cause stated in the sanction order.

(g) A plea of "not guilty" or "no contest" or "nolo contendere" does
not constitute a violation of this article. An allegation that an
event took place or occurred on or about a particular date does not
constitute a violation of this article.

(h) In this article, "groundless" means without basis in law or fact
and not warranted by a good faith argument for the extension,
modification, or reversal of existing law.

Added by Acts 1997, 75th Leg., ch. 189, Sec. 11, eff. May 21, 1997.

Art. 1.06. [4] [5] Searches and seizures

The people shall be secure in their persons, houses, papers and
possessions from all unreasonable seizures or searches. 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.07. [5] [6] Right to bail

All prisoners shall be bailable unless for capital offenses when
the proof is evident. This provision shall not be so construed as
to prevent bail after indictment found upon examination of the
evidence, in such manner as may be prescribed by law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.08. [6] [7] Habeas Corpus

The writ of habeas corpus is a writ of right and shall never be
suspended.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.09. [7] [8] Cruelty forbidden

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel or unusual punishment inflicted.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.10. [8] [9] 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.11. [9] [20] [21] 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; 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.12. [10] [10] Right to jury

The right of trial by jury shall remain inviolate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.13. [10a] Waiver of trial by jury

(a) 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, to waive the right of trial by jury,
conditioned, however, that such waiver must be made in person by the
defendant in writing in open court with the consent and approval of
the court, and the attorney representing the State. The consent and
approval by the court shall be entered of record on the minutes of
the court, and the consent and approval of the attorney
representing the State shall be in writing, signed by him, and filed
in the papers of the cause before the defendant enters his plea.

(b) In a capital felony case in which the attorney representing the
State notifies the court and the defendant that it will not seek the
death penalty, the defendant may waive the right to trial by jury
but only if the attorney representing the State, in writing and in
open court, consents to the waiver.

(c) A defendant may agree to waive a jury trial regardless of
whether the defendant is represented by an attorney at the time of
making the waiver, but 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 1, eff. Sept. 1,
1991; Subsec. (c) amended by Acts 1997, 75th Leg., ch. 285, Sec. 1,
eff. Sept. 1, 1997.

Art. 1.14. [11] [22] [23] Waiver of rights

(a) 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) of this code.

(b) If the defendant does not object to a defect, error, or
irregularity of form or substance in an indictment or information
before the date on which the trial on the merits commences, he
waives and forfeits the right to object to the defect, error, or
irregularity and he may not raise the objection on appeal or in any
other postconviction proceeding. Nothing in this article prohibits
a trial court from requiring that an objection to an indictment or
information be made at an earlier time in compliance with Article
28.01 of this code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1733, ch. 659, Sec. 1, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.

Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985;
Acts 1991, 72nd Leg., ch. 652, Sec. 2, eff. Sept. 1, 1991.

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. On waiver as
provided in this article, the accused shall be charged by
information.

Added by Acts 1971, 62nd Leg., p. 1148, ch. 260, Sec. 1, eff. May 19,
1971.

Art. 1.15. [12] [21] [22] 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 in accordance with Articles 1.13 and 1.14;
provided, however, that it shall be necessary for the state to
introduce evidence into the record showing the guilt of the
defendant and said evidence shall be accepted by the court as the
basis for its judgment and in no event shall a person charged be
convicted upon his plea without sufficient evidence to support the
same. The evidence may be stipulated if the defendant in such case
consents in writing, in open court, to waive the appearance,
confrontation, and cross-examination of witnesses, and further
consents either to an oral stipulation of the evidence and
testimony or to the introduction of testimony by affidavits,
written statements of witnesses, and any other documentary evidence
in support of the judgment of the court. Such waiver and consent
must be approved by the court in writing, and be filed in the file of
the papers of the cause.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1733, ch. 659, Sec. 2, eff. Aug. 28, 1967; Acts 1971,
62nd Leg., p. 3028, ch. 996, Sec. 1, eff. June 15, 1971; Acts 1973,
63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.

Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 3, eff. Sept. 1,
1991.

Art. 1.16. [13] [11] 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. In prosecutions for the publication of
papers investigating the conduct of officers or men in public
capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence. In all
indictments for libels, the jury shall have the right to determine
the law and the facts, under the direction of the court, as in other
cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.17. [14] [12] 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; but all oaths or affirmations shall be
administered in the mode most binding upon the conscience, and
shall be taken subject to the pains and penalties of perjury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.18. [15] [13] 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.19. [16] [14] Corruption of blood, etc.

No conviction shall work corruption of blood or forfeiture of
estate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.20. [17] [15] Conviction of treason

No person shall be convicted of treason except on the testimony of
two witnesses to the same overt act, or on confession in open court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.21. [18] [16] 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, and 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.23. [20] [19] 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. 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".

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 97, eff.
Sept. 1, 1981.

Art. 1.24. [21] [23] [24] Public trial

The proceedings and trials in all courts shall be public.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.25. [22] [24] [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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.26. [23] [25] [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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 1.27. [24] [26] [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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

 

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