CODE OF CRIMINAL PROCEDURE CHAPTER 27.

THE PLEADING IN CRIMINAL ACTIONS

Art. 27.01. [504] [568] [557] Indictment or information

The primary pleading in a criminal action on the part of the State
is the indictment or information.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 27.02. [505] [569] [558] Defendant's pleadings

The pleadings and motions of the defendant shall be:

(1) A motion to set aside or an exception to an indictment or
information for some matter of form or substance;

(2) A special plea as provided in Article 27.05 of this code;

(3) A plea of guilty;

(4) A plea of not guilty;

(5) A plea of nolo contendere, the legal effect of which shall be
the same as that of a plea of guilty, except that such plea may not
be used against the defendant as an admission in any civil suit
based upon or growing out of the act upon which the criminal
prosecution is based;

(6) An application for probation, if any;

(7) An election, if any, to have the jury assess the punishment if
he is found guilty; and

(8) Any other motions or pleadings that are by law permitted to be
filed.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 17, eff.
Aug. 28, 1967; Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A),
eff. Jan. 1, 1974.

 

Art. 27.03. [506] [570] [559] Motion to set aside indictment

In addition to any other grounds authorized by law, a motion to set
aside an indictment or information may be based on the following:

1. That it appears by the records of the court that the indictment
was not found by at least nine grand jurors, or that the information
was not based upon a valid complaint;

2. That some person not authorized by law was present when the grand
jury was deliberating upon the accusation against the defendant, or
was voting upon the same; and

3. That the grand jury was illegally impaneled; provided, however,
in order to raise such question on motion to set aside the
indictment, the defendant must show that he did not have an
opportunity to challenge the array at the time the grand jury was
impaneled.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.04. [507] [571] [560] Motion tried by judge

An issue of fact arising upon a motion to set aside an indictment or
information shall be tried by the judge without a jury.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.05. [508] [572] [561] Defendant's special plea

A defendant's only special plea is that he has already been
prosecuted for the same or a different offense arising out of the
same criminal episode that was or should have been consolidated
into one trial, and that the former prosecution:

(1) resulted in acquittal;

(2) resulted in conviction;

(3) was improperly terminated; or

(4) was terminated by a final order or judgment for the defendant
that has not been reversed, set aside, or vacated and that
necessarily required a determination inconsistent with a fact that
must be established to secure conviction in the subsequent
prosecution.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff.
Jan. 1, 1974.

 

Art. 27.06. [509][573][562] Special plea verified

Every special plea shall be verified by the affidavit of the
defendant.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.07. [510] [574] [563] Special plea tried

All issues of fact presented by a special plea shall be tried by the
trier of the facts on the trial on the merits.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.08. [511] [575] [564] Exception to substance of indictment

There is no exception to the substance of an indictment or
information except:

1. That it does not appear therefrom that an offense against the law
was committed by the defendant;

2. That it appears from the face thereof that a prosecution for the
offense is barred by a lapse of time, or that the offense was
committed after the finding of the indictment;

3. That it contains matter which is a legal defense or bar to the
prosecution; and

4. That it shows upon its face that the court trying the case has no
jurisdiction thereof.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.09. [512][576][565] Exception to form of indictment

Exceptions to the form of an indictment or information may be taken
for the following causes only:

1. That it does not appear to have been presented in the proper
court as required by law;

2. The want of any requisite prescribed by Articles 21.02 and 21.21.

3. That it was not returned by a lawfully chosen or empaneled grand
jury.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.10. [513] [577] [566] Written pleadings

All motions to set aside an indictment or information and all
special pleas and exceptions shall be in writing.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.11. [514] [578] [567] Ten days allowed for filing pleadings

In all cases the defendant shall be allowed ten entire days,
exclusive of all fractions of a day after his arrest, and during the
term of the court, to file written pleadings.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.12. [515] [579] [568] Time after service

In cases where the defendant is entitled to be served with a copy of
the indictment, he shall be allowed the ten days time mentioned in
the preceding Article to file written pleadings after such service.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.13. [517] [581] [570] Plea of guilty or nolo contendere in
felony

A plea of "guilty" or a plea of "nolo contendere" in a felony case
must be made in open court by the defendant in person; and the
proceedings shall be as provided in Articles 26.13, 26.14 and
27.02. If the plea is before the judge alone, same may be made in
the same manner as is provided for by Articles 1.13 and 1.15.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.14. [518] [582] [571] Plea of guilty or nolo contendere in
misdemeanor

(a) A plea of "guilty" or a plea of "nolo contendere" in a
misdemeanor case may be made either by the defendant or his counsel
in open court; in such case, the defendant or his counsel may waive
a jury, and the punishment may be assessed by the court either upon
or without evidence, at the discretion of the court.

(b) A defendant charged with a misdemeanor for which the maximum
possible punishment is by fine only may, in lieu of the method
provided in Subsection (a) of this article, mail or deliver in
person to the court a plea of "guilty" or a plea of "nolo
contendere" and a waiver of jury trial. The defendant may also
request in writing that the court notify the defendant, at the
address stated in the request, of the amount of an appeal bond that
the court will approve. If the court receives a plea and waiver
before the time the defendant is scheduled to appear in court, the
court shall dispose of the case without requiring a court
appearance by the defendant. The court shall notify the defendant
either in person or by certified mail, return receipt requested, of
the amount of any fine assessed in the case and, if requested by the
defendant, the amount of an appeal bond that the court will approve.
The defendant shall pay any fine assessed or give an appeal bond in
the amount stated in the notice before the 31st day after receiving
the notice.

(c) In a misdemeanor case for which the maximum possible punishment
is by fine only, payment of a fine or an amount accepted by the court
constitutes a finding of guilty in open court as though a plea of
nolo contendere had been entered by the defendant and constitutes a
waiver of a jury trial in writing.

(d) If written notice of an offense for which maximum possible
punishment is by fine only or of a violation relating to the manner,
time, and place of parking has been prepared, delivered, and filed
with the court and a legible duplicate copy has been given to the
defendant, the written notice serves as a complaint to which the
defendant may plead "guilty," "not guilty," or "nolo contendere."
If the defendant pleads "not guilty" to the offense, a complaint
shall be filed that conforms to the requirements of Chapter 45 of
this code, and that complaint serves as an original complaint. A
defendant may waive the filing of a sworn complaint and elect that
the prosecution proceed on the written notice of the charged
offense if the defendant agrees in writing with the prosecution,
signs the agreement, and files it with the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 18, eff.
Aug. 28, 1967; Acts 1977, 65th Leg., p. 2143, ch. 858, Sec. 1, eff.
June 16, 1977; Acts 1979, 66th Leg., p. 450, ch. 207, Sec. 1, eff.
Sept. 1, 1979; Acts 1983, 68th Leg., p. 1257, ch. 273, Sec. 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 87, Sec. 1, eff. Sept. 1,
1985.

Subsecs. (b) to (d) amended by Acts 1993, 73rd Leg., ch. 76, Sec. 1,
eff. Sept. 1, 1993; Subsec. (c) amended by Acts 2001, 77th Leg.,
ch. 285, Sec. 1, eff. Sept. 1, 2001.

 

Art. 27.15. [519] Change of venue to plead guilty

When in any county which is located in a judicial district composed
of more than one county, a party is charged with a felony and the
maximum punishment therefor shall not exceed fifteen years, and the
district court of said county is not in session, such party may, if
he desires to plead guilty, or enter a plea of nolo contendere, make
application to the district judge of such district for a change of
venue to the county in which said court is in session, and said
district judge may enter an order changing the venue of said cause
to the county in which the court is then in session, and the
defendant may plead guilty or enter a plea of nolo contendere to
said charge in said court to which the venue has been changed.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.16. [520] [584] [573] Plea of not guilty, how made

(a) The plea of not guilty may be made orally by the defendant or by
his counsel in open court. If the defendant refuses to plead, the
plea of not guilty shall be entered for him by the court.

(b) A defendant charged with a misdemeanor for which the maximum
possible punishment is by fine only may, in lieu of the method
provided in Subsection (a) of this article, mail to the court a plea
of not guilty.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1977, 65th Leg., p. 2143, ch. 858, Sec. 2, eff. June
16, 1977.

 

Art. 27.17. [521] [585] [574] Plea of not guilty construed

The plea of not guilty shall be construed to be a denial of every
material allegation in the indictment or information. Under this
plea, evidence to establish the insanity of defendant, and every
fact whatever tending to acquit him of the accusation may be
introduced, except such facts as are proper for a special plea under
Article 27.05.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 27.18. Plea or Waiver of Rights by Closed Circuit Video
Teleconferencing

(a) Notwithstanding any provision of this code requiring that a
plea or a waiver of a defendant's right be made in open court, a
court may accept the plea or waiver by broadcast by closed circuit
video teleconferencing to the court if:

(1) the defendant and the attorney representing the state file with
the court written consent to the use of closed circuit video
teleconferencing;

(2) the closed circuit video teleconferencing system provides for a
simultaneous, compressed full motion video, and interactive
communication of image and sound between the judge, the attorney
representing the state, the defendant, and the defendant's
attorney; and

(3) on request of the defendant, the defendant and the defendant's
attorney are able to communicate privately without being recorded
or heard by the judge or the attorney representing the state.

(b) On motion of the defendant or the attorney representing the
state or in the court's discretion, the court may terminate an
appearance by closed circuit video teleconferencing at any time
during the appearance and require an appearance by the defendant in
open court.

(c) A recording of the communication shall be made and preserved
until all appellate proceedings have been disposed of. The
defendant may obtain a copy of the recording on payment of a
reasonable amount to cover the costs of reproduction or, if the
defendant is indigent, the court shall provide a copy to the
defendant without charging a cost for the copy.

Added by Acts 1997, 75th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 1997

 

 

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