Terms in this set (53)
Act shall be known, and may be cited, as the "Code of Criminal Procedure."
This code shall take effect after jan. 1. 1966
Object of this Code
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. 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
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
Rights of the accused
-the accused shall have a speedy public trial by an impartial jury.
-right to demand the nature and cause of the accusation against him
-He shall not be compelled to give evidence against himself.
-right to counsel
-No person shall be held to answer
for a felony unless on indictment of a grand jury.
Right to representation by counsel
-indigent defendant has right to attorney
-appoint counsel no later than 3rd working day if pop. less than 250k.
-end of 1st working day if pop. greater than 250k.
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
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.
The writ of habeas corpus is a writ
of right and shall never be suspended.
Excessive bail shall not be
required, nor excessive fines imposed, nor cruel or unusual
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.
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
Right to jury
The right of trial by jury shall
Waiver of trial by jury
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.
Waiver of rights
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
Waiver of indictment for non-capital 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.
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
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
No person shall be disqualified to
give evidence in any court of this State on account of his religious opinions
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.
privilege of legislators
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.
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
The proceedings and trials in all
courts shall be public.
confronted by witness
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
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
Railroad peace officers
appoint up to 250 railroad peace officers
adjunct police officers
50 peace officers provide peace for higher education
Neglecting to Execute Process
shall be liable to a fine for contempt not less than ten nor more than two hundred dollars.
Report concerning certain assaultive or terroristic offenses
Shall prepare a written report
"racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity
property of any nature, including
real, personal, tangible, or intangible, that is used to commit a crime
the bona fide holder of a perfected
lien or a perfected security interest in property
means a person who claims an equitable or legal ownership interest in property.
means the restraint of property by a peace
Court of appeals
appellate jurisdiction in all criminal cases except the death penalty
Court of criminal appeals
final appellate jurisdiction. appeal of death penalty cases
original jurisdiction in criminal felony cases and misdemeanors involving misconduct
misdemeanors and when a fine to be imposed shall not exceed five hundred dollars and appellate jurisdiction over inferior courts
punishable by fine only or punishable by fine and as authorized by statute, a sanction not consisting of confinement
-fine not to exceed $2000 in ordinances involving fire safety, zoning, public health, and sanitation
-$4000 in ordinances involving dumping of refuse
-$500 in all other ordinances
victims of family violence are entitled to maximum protection from harm or abuse or threats
at discretion of peace officer, the officer may stay with the victim and allow them to collect personal properties
Reports and records
shall make a written report, but not limited to. injuries, names,and military affiliation
Conduct of peace officers
They may use all force necessary to repel the aggression
no limits on murder, manslaughter,
10 years from date
real estate theft, forgery, arson, human trafficking
5 years from date
theft or robbery
written order from magistrate
WARRANT OF ARREST (15.01)
A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
15.02. REQUISITES OF WARRANT
"The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2. It must state that the person is accused of some offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested
Victims of family Violence
are entitled to the maximum protection from harm or abuse