116 terms

Texas Criminal Code and Procedure

The titles of CCP and what they entail. Also includes general definitions from specified sections.
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Short title CCP 1.01
The act shall be known, and may be cited as the code of criminal procedure
Effective date CCP 1.02
This code shall take effect and be in force on and after January 1st, 1966
Object of this code CCP 1.03
There are six elements to this code, they are; 1To adopt measures for preventing the commission of a crime, 2To 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, 4to bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal, 5 impartial trial, 6 the certain execution of the sentence of the law when declared.
Due course of law CCP 1.04
No citizen of this state shall be deprived of life, liberty, property, privileges, or immunities, except by the due course of the law of the land.
Rights of accused CCP 1.05
Accused' guarantee to a speedy public trial by an impartial jury, know the nature of the crime, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of counsel, confront witnesses. No person shall be held to answer for a felony unless on indictment of a grand jury.
Right to representation by counsel CCP 1.051
defendant is entitled to be represented by counsel in an adversarial judicial proceeding. Even when the defendant chooses to represent himself, the court at the time of trial must reaffirm his choice to waive counsel. A defendant can change his mind on whether or not he wants counsel within the specified time limit..."Can you afford an attorney?"..."I don't know." On the first court day the defendant can still request an attorney even after saying I don't know
Indigent
means a person who is not financially able to employ counsel. In a county under 250,000 an indigent will have 72 hours to receive counsel. 250,000 or above will be not later than the end of the first working day. 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.
Searches and seizures CCP 1.06
Searches and seizures must include probable cause supported by Oath and Affirmation.
Right to bail CCP 1.07
All prisoners shall be bailable unless for capital offenses when the proof is evident. In a capital case if there is proof evident I don't have to be given bail.
Habeas corpus CCP 1.08
The Writ of Habeas Corpus is a writ of right and shall never be suspended.
Right to jury CCP 1.12
The right to a trial by jury shall remain inviolate
Waiver of trial by jury CCP 1.13
The defendant can waive the right of a trial by jury, conditioned that the 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. Before a defendant can waive the right to a trial by jury the court must appoint an attorney to represent him.
Waiver of rights CCP 1.14
Waiver of rights can be done in a criminal prosecution for any offense may waive any rights secured him law except that a defendant in a capital felony. Capital offenses a right to a jury trial can be waived but that is all.
Waiver of indictment for non-capital felony CCP 1.141
A person represented by legal counsel may in open court or by written statement waive the right to be accused by indictment. On waiver as provided in this article, the accused shall be charged by INFORMATION.
Privilege of legislators CCP 1.21
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 from the same, allowing one day for each day of travel of 20 miles or more.
Confronted by witnesses CCP 1.25
The defendant, upon a trial, shall be confronted with the witnesses except in certain cases provided for this code where depositions have been taken. Ex. A juvenile sexual assault case. The juvenile will not have to confront the assailant in court. No need to relive the trauma and the event may cause the victim to alter the testimony.
Duty of magistrates CCP 2.10
Main duty is to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime.
Examining court CCP 2.11
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
Railroad peace officers CCP 2.121
The director of the department of public safety may appoint 250 railroad police safety may appoint up to 250 railroad peace officers whom are employed by a railroad. A railroad peace officer may not issue a traffic citation for a violation.
Adjunct police officers CCP 2.123
Within counties of 200,000, 50 peace officers who are commissioned education code, who are employed by a private institution of higher education located in municipality.
Peace officers from adjoining states CCP 2.124
Texarkana is an example of this. A buffer zone on either side of the state border. They have the same powers as any officer. If no arrangement or agreement is made you can enforce state laws from one mile across the border. However city ordinances cannot be enforced.
Special Rangers of Texas and Southwester Cattle Raisers Association CCP 2.125
The director of the Department of Public Safety may appoint up to 50 special rangers of Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property.
Peace Officers commissioned by the Alabama Coushatta Indian Tribe CCP 2.126 -
Vested With all the powers, privileges and immunities of peace officers and may arrest without a warrant any person who violates a law of the state. They may also enforce traffic laws on the streets and highways. Outside of their boundaries they must be summoned by another commissioned peace officer for their assistance.
Duties and powers CCP 2.13
IT IS THE DUTY of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose the officer shall use all lawful means as listed. - Interfere without warrant to prevent or suppress crime. - Execute all lawful process issued to the officer by magistrate or court. - Give notice to some magistrate of all offenses committed within the officer's jurisdiction. - Arrest offenders without warrant in every case where the officer is authorized by law and take the offender before the proper magistrate. - IT IS ALSO the duty of every officer to ***take possession of a child under ARTICLE 63.009
Neglecting to execute process CCP 2.16
If an officer refuses/neglects obligations to any summons, subpoena or attachment for a witness, or any other legal process he shall be liable to a fine for contempt not less than $10 but not more than $200.
Conservator of the peace CCP 2.17
Each SHERIFF shall be a conservator of the peace in his county. He shall do all things necessary to suppress crime.
Custody of prisoners CCP 2.18
Custody of prisoners is the sheriff's obligation. A prisoner committed to jail by warrant from a magistrate or court will be placed in jail by the sheriff.
Deputy CCP 2.20
Wherever a duty is imposed by this code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county all duties will fall onto the deputy.
Investigation of certain reports alleging child abuse CCP 2.27
Police will act quickly on any report from CPS that alleges an immediate risk of physical or sexual abuse of a child that could result in death or serious harm. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
Duties regarding misused identity CCP 2.28
When someone misuses another person's identity, the officer must do the following: Notify the person that... the person's id information was misused by another person arrested in the county, the person may file a declaration with the department of public safety and the person is entitled to expunction of all crimes the offender committed under victims name. The officer must then notify DPS of the same information.
Report required in connection with fraudulent use of or possession of identifying information CCP 2.29
When someone uses another's ID the peace officer shall make a written report that contains the following information... The name of the victim, the name of the suspect, if known, and the type of identifying information obtained, possessed, etc... and also the results of any investigation. In providing the report, the LE Agency shall redact any otherwise confidential information that is included in the report.
Report concerning certain assaultive or terroristic offense CCP 2.30
A report must be completed for the following offenses; assault, aggravated assault, aggravated sexual assault, and a terroristic threat. The peace officer that investigates the report must generate a written report.
Racial profiling CCP 3.05
In this code "Racial Profiling" refers to a peace officer initiating contact with an individual based on race, ethnicity or national origin rather than on the individual's behavior or criminal activity.
Racial profiling prohibited CCP 2.131
A peace officer may not engage in racial profiling!
Liability CCP 2.136
The statistics that TCOLE create in regards to race or ethnicity and other characteristics will not hold the officer liable. Officer not liable for statistics.
Civil Penalty CCP 2.1385 (revised 2/2010)
If any chief administrator intentionally fails to submit the incident-based data as required will be subject for a civil penalty of $1,000 for each violation.
Justice may forfeit bond CCP 4.13
The justice shall have the power to take forfeitures of all bonds given for the appearance of any party at his court, regardless of the amount.
Duties of peace officers CCP 5.04
The primary duty of a peace officer who investigates family violence allegation is to protect any potential victim of family violence, enforce the law of the state, enforce a protective order from another jurisdiction and make lawful arrests of violators. The peace officer must also establish whether the household he reports to is a current licensed foster home or verified agency foster home. TCIC Texas Crime Information Center has this information on hand (foster home, etc.) IN AN INSTANCE OF FAMILY VIOLENCE - The victim must be provided the "Notice to adult victims of family violence" pamphlet which will be in both ENGLISH and SPANISH
Standby assistance; liability CCP 5.045
Example... Family Violence call where the victim or potential victim is removed from the residence/leaves the residence; the officer may standby to make sure the movement is orderly. However if the party that leaves the residence takes property that belongs to the potential offender/offender, the officer will not be held liable for this. Take things to be out of the house for 3 days...there shouldn't be a moving truck outside of the house.
Venue for protective order offenses CCP 5.07
An issued protective order is valid STATEWIDE.
Peace officer to prevent injury CCP 6.06
The peace officer must use the amount of force necessary to prevent the commission of the offense and no greater!
Dispersing riot CCP 8.04
Whenever there are enough people together constituting a riot, it is the duty of every magistrate or peace officer to cause such persons to disperse by commanding them or arresting the engaged, with or without warrant.
Officer may call aid CCP 8.05
The officer may call to his aid the power of the county when dispersing a riot.
Means adopted to suppress CCP 8.06
The officer engaged in suppressing the riot and those who aid him are authorized in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is required.
Temporary ex parte order CCP 7A.02
This is a fast track protective order that needs to be issued immediately. It lasts until a formal protective order is created in a court of law. This is done when there is a clear and present danger of sexual assault or abuse, stalking, trafficking or other harm to the applicant.
Hearsay statement of a child CCP 7a.035
A statement by a child younger than 14 years of age, who is the victim of an offense, will not be labeled as hearsay in a court of law. Therefore, in this instance, hearsay will be admissible in a court of law.
Warning on protective order CCP 7A.06
A person who violates this order may be punished for contempt of court by a fine of as much as $500 or by confinement in jail for as long as 6 months, or both. Nobody can void the protective order... Ex. Wife can't tell husband to come over because they have mended their relationship. No firearms can be carried. A violation of this order by commission of an act prohibited by the order may be punishable by a fine of as much as $4,000 of by confinement in jail for as long as one year, or both. May be prosecuted as a separate offense as well.
Duration of Protective Order CCP 7A.07
There may be a specific expiration date applied to the protective order. If a term is not specified then the order is effective until the second anniversary of the date the order was issued. This is sexual abuse, stalking, or trafficking.
Duration of Protective Order CCP 7A.07
There may be a specific expiration date applied to the protective order. If a term is not specified then the order is effective until the second anniversary of the date the order was issued. This is sexual abuse, stalking, or trafficking.
Offense within view CCP 14.01
A peace officer may arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
Within view of magistrate CCP 14.02
A peace officer may arrest anyone that has committed a felony or breach of the peace has been committed in the presence of a magistrate. The magistrate sees one of these offenses and verbally orders the peace officer to arrest the offender.
Authority of peace officers CCP 14.03
A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the offer's presence or view, if the offense is a felony or a breach of the peace.
Public intoxication CCP 14.031
A peace officer may release the individual if he believes detention in a penal facility is unnecessary for the protection of the individual or others and if the individual is released to the care of an adult who agrees to assume responsibility for the individual. They can also be released if they verbally consent to voluntary treatment for chemical dependency in a program or treatment facility that is licensed.
When felony has been committed CCP 14.04
When a credible person gives satisfactory proof that a crime has been committed and the offender is about to escape a peace officer may pursue and arrest the accused without the warrant (since there is no time to get one).
Rights of officer CCP 14.05
An officer may make lawful arrests without warrant however he cannot enter a residence to make the arrest unless a person who resides in the residence consents to entry or exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. If it's a class C the officer cannot make entry.
Arrest by peace officer from other jurisdiction CCP 14.051
An officer that is in FRESH PURSUIT of a criminal may cross jurisdictions in attempt to apprehend the violator.
Must take offender before magistrate CCP 14.06
The peace officer shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the persion is arrested, before a magistrate of the county.
Warrant of arrest CCP 15.01
A warrant of arrest is a written order from a magistrate, directed to a peace officer or some other person specially names, commanding him to take the body of the person accused of an offense, to be dealt with in according to law.
Requisites of warrant CCP 15.02
It must specify the name of the person whose arrest is ordered or give a definite description of him if the name is not given. It must state what the person is accused of and it must be signed by the magistrate and or in connection with his signature.
Warrant extends to every part of the state CCP 15.06
A warrant shall extend to any part of the state and any peace officer to whom said warrant is directed shall be authorized to execute the same in any county in this state.
Warrant issued by other magistrate CCP 15.07
This is when a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county except than the one in which it issues...However if the mayor gets the warrant endorsed by a judge of another county in which the person is residing and can be followed through. It must be endorsed by the proper magistrate.
Warrant or complaint must be under seal CCP 15.12
Whoever issues a warrant or complain must be under seal. Whoever issues it needs to put their mark on it. No manager of a telegraph officer shall receive and forward a warrant or complaint unless it is under the seal of the court.
Arrest for out-of-county offense CCP 15.18
If a person is arrested for an out of county offense he will be held in jail until that jurisdiction comes to pick him up. On the 11th day he shall be released if no arrangements have been made. However if the jurisdiction has some reason justifying a reason for a need to pick him up after 10 days, they can explain that and the extension will be granted.
Time of arrest CCP 15.23
Anytime, any day, anywhere, day and night... let's go
What force may be used CCP 15.24
In making an arrest, all reasonable means are permitted to be used to effect it. No greater force will be permitted.
May break door CCP 15.25
In case of a felony the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
Authority to arrest must be made known CCP 15.26
In executing a warrant of arrest, it shall always be made known to the accused under what the authority of the arrest is made.
Notification to schools required CCP 15.27
When a juvenile is arrested the officer or agency shall notify verbally the school within 24 hours. It should always be confidential. A written report may be generated and delivered within seven days after the date the oral notice is given. It shall be personal and confidential and this is done for protection of the teachers.
Search warrant CCP 18.01
A search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. Probable cause must be established needs to exist and the substantial facts establishing probable cause shall be filed in every instance a search warrant is issued.
Issuance of search warrant to photograph injured child CCP 18.021
The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant. The photographer is entitled to access to the child in the same manner as the officer executing the warrant. A search warrant under this section must be the same sex as the alleged victim. The person assisting the officer must be acting under the direction of the officer and must be with the alleged victim during the photographs.
Search warrant may authorize arrest CCP 18.03
Existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
Contents of warrant CCP 18.04
The contents of the warrant shall include: That it run in the name of the state of Texas, that it identify which and what is to be searched or seized, that it command a peace officer of the proper county to search the person, place or thing, and it must be dated and signed by the magistrate.
Execution of warrants CCP 18.06
A peace officer to whom a search warrant is delivered shall execute the warrant without delay and for with return the warrant to the proper magistrate. It cannot be executed later than the 11th day of issuance for electronic communications. A regular search warrant must be executed within three days from the time of issuance. The officer can conduct the warrant if another person answers the door and they must document all things taken from the abode and prepare a written inventory to the owner. The officer will then leave a copy of the warrant and inventory at the place.
Days allowed for warrant to run CCP 18.07
15 Days - DNA
10 Whole Days - if the warrant is issued under section 5A which is telecommunications, etc.
Three Whole Days - for a regular warrant to be served.
Power of officer executing warrant CCP 18.08
In executing the warrant the officer may call to his aid any number of citizens in the county.
Shall seize accused and property CCP 18.09
The officer shall also arrest any person who he is directed to arrest by the warrant and immediately take such person before the magistrate. Seizure will mean the restraint of property by physical force or authority.
Testing for communicable diseases following certain arrests CCP 18.22
Testing for communicable diseases can be ordered by an officer if he is exposed to a possible disease. If the offender has AIDS for example the test commanded by the officer is inadmissible in court, however previous tests will be admissible in court.
Complaint CCP 15.04
Is the affidavit made before the magistrate or district or count attorney is called a "complaint" if it charges the commission of an offense.
Requisites of complaint CCP 15.05
It must state the name of the accused. It must show that the accused has committed some offense against the lwas of the state, either directly or that the affiant has good reason to believe. It must state the time and place of the commission of the offense, as definitely as can by the defiant. It must be signed by the affiant by writing his name or affixing his mark.
"Commitment" CCP 16.20
A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.
"Indictment" CCP 21.01
An indictment is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense
"Information" CCP 21.20
Information is a written statement filed and presented in behalf of the state by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
Definition of a "capias" CCP 23.01
The definition of capias is a writ that is issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge and directed to any peace officer of the state of texas.
Issuance of subpoenas CCP 24.01
A subpoena may summon one or more persons to appear before a court to testify in a criminal action at a specified term of the court or on a specified day. A court clerk can issue the subpoena. An officer or another designated official can deliver it. If it cannot be delivered the reasons why it is returned shall be documented. A subpoena tends to include a broader spectrum of possibilities than those of summons. Can be signed by court clerk.
Subpoenas; child witnesses CCP 24.011
If a witness is younger than 18 years old the court may issue a subpoena directing a person having custody or control of the child to produce him in court. Therefore the subpoena should be delivered to the parent or responsible individual. A bench warrant will be issued if the juvenile is in a detention facility.
Subpoena duces tecum CCP 24.02
If a witness have in his possession any instrument of writing or other thing desired as evidence the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court!
Service and return of subpoena CCP 24.04
A subpoena is served by... Reading the subpoena in the hearing of the witness. Delivering a copy of the subpoena to the witness. Electronically transmitting a copy of the subpoena, acknowledgement of receipt requested, to the last known electronic address of the witness; or Mailing a copy of the subpoena by certified mail, return receipt requested, to the last known address. When you deliver the subpoena get a signature... and sign it
Refusing to obey CCP 24.05
If a witness refuses to obey a subpoena, he may be fined by the court... In a felony case, it won't exceed $500... and in a misdemeanor case it will not exceed $100.
Requisites of an "attachment" CCP 24.11
An "Attachment" is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury in any criminal action...Or a proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named, or forwith, to testify in behalf of the state or of the defendant, as the case may be. It shall be date and signed by the officer issuing it.
Definition of "bail" CCP 17.01
"Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or personal bond.
Bail bond
is a written undertaking entered into by the defendant... verbal agreement that you will reappear before the court at the specified date and time.
Denial of Bail for Violation of condition of Bond Where Child Alleged Victim CCP 17.153 (revised 2/2010)
If a person is out on bond for a sexual offense, trafficking, where a child is the victim and they are already out on this offense... if they recommit their bail can be denied without question.
Bail in misdemeanor CCP 17.20
In cases of a misdemeanor, the sheriff or other peace officer, or a jailer licensed may take of the defendant a bail bond when necessary.
Bail in felony CCP 17.21
The jail can fix a bond amount when necessary, sheriff can as well.
May take bail in felony CCP 17.22
The jail will take bond fees when court is in session. Just because the court officials are occupied with court, does not mean bail cannot be posted.
Further detention of certain persons CCP 17.291
Once arrested on a family violence charge, an offender may be held for an extra 4 hours in accordance with the peace officer. Any longer stay will have to be approved by the magistrate.
Magistrate's order for emergency protection CCP 17.292
An emergency protective order is issued by the magistrate and typically is issued at the jail. Ex. This happens when an offender beats on his wife (ex.) and is apprehended, he will be administered a EPO by the magistrate in jail...with out the victim present. 31-61 Days for Serious Bodily Injury. 61-91 Days for Deadly Weapon. A formal protective order may be issued as soon as the emergency one is completed.
Autopsy
a post mortem examination of the body of a person, including x rays and examination of internal organs, dissection and structures, in order to determine the cause of death
Inquest
an investigation into the cause and circumstances of the death of a person and a determination made with or without a formal hearing, as to whether the death was caused by an unlawful act.
Inquest Hearing
A formal court hearing to determine whether the death was caused by an unlawful act and to obtain evidence for criminal prosecution.
Institution
is any place where health care services are rendered including a hospital, clinic, health care facility, nursing home, extended care facility, or retirement home, etc....
Physician
a practicing doctor of medicine or doctor of osteopathic medicine who is licensed by the state of Texas as a medical examiner.
Deaths requiring an inquest CCP 49.04
Jail, retirement home, child (under 6yoa is automatic), shooting, stabbing, and suicide are all reasons to have an autopsy conducted.
Hindering an inquest CCP 49.06
A person commits this if the person intentionally or knowingly hinders the entrance of a justice of the peace to premises where a death occurred or a body is found... This will be a CLASS B MISDEMEANOR
Notification of investigating official CCP 49.07
If a JP is not available a judge may come out to a death scene. He must then notify the JP of all information gathered within 5 days.
Death in custody CCP 49.18
If someone dies in your jail, a JP must be informed and must come investigate and will sometimes be accompanied by a constable. A written report of the death shall be provided to the Attorney General within 30 days.
Warrant of arrest CCP 49.19
A JP can issue a warrant of arrest in an instance of homicide.
Office of death investigator CCP 49.23
The office of the death investigator exists to assist JP's in death investigations. JP will stay at the officer and the investigators will conduct investigation and report information gathered. No later than 8 hours after investigation is completed.
Medical examiners CCP 49.25 Sections 6, 7, 8, 12 and 14
When a person dies without having being attended to... when a person is a child who is younger than six years old... when a person dies after being attended to by a physician. An offense under this section will be a CLASS B
Department
department of public safety
Released
discharged, paroled, placed in a nonsecure community program fro juvenile offenders, or placed on juvenile probation
Reportable conviction
a conviction or adjudication = parole, etc.
Sexually violent offense
17 years or older if it has to do with continuing sexual assault or aggravated sexual assault
Registration CCP 62.051 (b)
A sex offender must register once a year and must continue doing so until death.
Failure to comply with registration requirements CCP 62.102
It's a state jail felony if the actor whose duty to register expires. It's a third degree felony if the actor whose duty to register expires when they have been convicted of a sexually violent offense or continued sexual assault. It's a second degree felony if the actor whose duty to register expires and who is required to verify registration every 90 day period. If the person recommits the offense while under these stipulations the degree of the crime will be increased.
Failure to comply: individuals subject to commitment CCP 62.203
A person who commits an offense if this person, after commitment as asxually violent predator but before the person is released from all requirements of the civil commitment process fails to comply with any requirement of this chapter is subject to a Second Degree felony.