reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 39.025 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.025. Depositions of Elderly or Disabled Persons

(a)  In this article:(1)  "Disabled person" means a person with a disability as defined by Section 3, Americans with Disabilities Act (42 U.S.C. 12102).(2)  "Elderly person" means a person 65 years of age or older.(b)  The court shall order the attorney representing the state to take the deposition of an elderly or disabled person who is the alleged victim of or witness to an offense not later than the 60th day after the date on which the state files an application to take the deposition under Article 39.02.(c)  The attorney representing the state and the defendant or the defendant's attorney may, by written agreement filed with the court, extend the deadline for the taking of the deposition.(d)  The court shall grant any request by the attorney representing the state to extend the deadline for the taking of the deposition if a reason for the request is the unavailability, health, or well-being of the victim or witness.(e)  The Texas Rules of Civil Procedure govern the taking of the deposition, except to the extent of any conflict with this code or applicable court rules adopted for criminal proceedings, in which event this code and the rules for criminal proceedings govern.  The attorney representing the state and the defendant or defendant's attorney may agree to modify the rules applicable to the deposition by written agreement filed with the court before the taking of the deposition.(f)  If a defendant is unavailable to attend a deposition because the defendant is confined in a correctional facility, the court shall issue any orders or warrants necessary to secure the defendant's presence at the deposition.  The sheriff of the county in which a deposition under this subsection is to be taken shall provide a secure location for the taking of the deposition and sufficient law enforcement personnel to ensure the deposition is taken safely.  The state's application to take a deposition or notice of deposition is not required to include the identity of any law enforcement agents the sheriff assigns to the deposition and may not serve as a basis for the defendant to object to the taking of the deposition.(g)  If a defendant is unavailable to attend a deposition for any reason other than confinement in a correctional facility, the defendant or defendant's attorney shall request a continuance from the court.  The court may grant the continuance if the defendant or defendant's attorney demonstrates good cause for the continuance and that the request is not brought for the purpose of delay or avoidance.  A defendant's failure to attend a deposition or request a continuance in accordance with this subsection constitutes a waiver of the defendant's right to be present at the deposition.|Added by Acts 2009, 81st Leg., R.S., Ch. 678 (H.B. 2465), Sec. 1, eff. September 1, 2009.|
TX Code Crim Pro art 39.03 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.03. Officers Who May Take the Deposition

Upon the filing of such an affidavit and application, the court shall appoint, order or designate one of the following persons before whom such deposition shall be taken:1. A district judge.2. A county judge.3. A notary public.4. A district clerk.5. A county clerk.Such order shall specifically name such person and the time when and place where such deposition shall be taken.  Failure of a witness to respond thereto, shall be punishable by contempt by the court.  Such deposition shall be oral or written, as the court shall direct.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 25, eff. Aug. 28, 1967.|
TX Code Crim Pro art 39.04 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.04. Applicability of Civil Rules

The rules prescribed in civil cases for issuance of commissions, subpoenaing witnesses, taking the depositions of witnesses and all other formalities governing depositions shall, as to the manner and form of taking and returning the same and other formalities to the taking of the same, govern in criminal actions, when not in conflict with this Code.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.05 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.05. Objections

The rules of procedure as to objections in depositions in civil actions shall govern in criminal actions when not in conflict with this Code.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.06 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.06. Written Interrogatories

When any such deposition is to be taken by written interrogatories, such written interrogatories shall be filed with the clerk of the court, and a copy of the same served on all other parties or their counsel for the length of time and in the manner required for service of interrogatories in civil action, and the same procedure shall also be followed with reference to cross-interrogatories as that prescribed in civil actions.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.07 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.07. Certificate

Where depositions are taken under commission in criminal actions, the officer or officers taking the same shall certify that the person deposing is the identical person named in the commission;  or, if they cannot certify to the identity of the witness, there shall be an affidavit of some person attached to the deposition proving the identity of such witness, and the officer or officers shall certify that the person making the affidavit is known to them.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1742, ch. 659, Sec. 26, eff. Aug. 28, 1967.|
TX Code Crim Pro art 39.08 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.08. Authenticating the Deposition

The official seal and signature of the officer taking the deposition shall be attached to the certificate authenticating the deposition.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.09 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.09. Non-Resident Witnesses

Depositions of a witness residing out of the State may be taken before a judge or before a commissioner of deeds and depositions for this State, who resides within the State where the deposition is to be taken, or before a notary public of the place where such deposition is to be taken, or before any commissioned officer of the armed services or before any diplomatic or consular officer.  The deposition of a non-resident witness who may be temporarily within the State, may be taken under the same rules which apply to the taking of depositions of other witnesses in the State.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.10 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.10. Return

In all cases the return of depositions may be made as provided in civil actions.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.11 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.11. Waiver

The State and defense may agree upon a waiver of any formalities in the taking of a deposition other than that the taking of such deposition must be under oath.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.12 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.12. Predicate to Read

Depositions taken in criminal actions shall not be read unless oath be made that the witness resides out of the state; or that since the deposition was taken, the witness has died; or that the witness has removed beyond the limits of the state; or that the witness has been prevented from attending the court through the act or agency of the defendant; or by the act or agency of any person whose object was to deprive the state or the defendant of the benefit of the testimony; or that by reason of age or bodily infirmity, the witness cannot attend; or that the witness is a Medicaid or Medicare recipient or a caregiver or guardian of the recipient, and the recipient's Medicaid or Medicare account was charged for a product or service that was not provided or rendered to the recipient.  When the deposition is sought to be used by the state, the oath may be made by any credible person.  When sought to be used by the defendant, the oath shall be made by the defendant in person.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 104 (S.B. 1680), Sec. 4, eff. September 1, 2011.|
TX Code Crim Pro art 39.13 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.13. Impeachment

Nothing contained in the preceding Articles shall be construed as prohibiting the use of any such evidence for impeachment purposes under the rules of evidence heretofore existing at common law.|Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.|
TX Code Crim Pro art 39.15 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.15. Discovery of Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor

(a)  In the manner provided by this article, a court shall allow discovery under Article 39.14 of property or material:(1)  that constitutes child pornography, as described by Section 43.26(a)(1), Penal Code;(2)  the promotion or possession of which is prohibited under Section 43.261, Penal Code; or(3)  that is described by Section 2 or 5, Article 38.071, of this code.(b)  Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45.(c)  A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.(d)  For purposes of Subsection (c), property or material is considered to be reasonably available to the defendant if, at a facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial.|Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595), Sec. 3, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 9, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 10, eff. September 1, 2011.|
TX Code Crim Pro art 39.151 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 39 - Depositions and Discovery|Article 39.151. Discovery of Evidence Depicting Invasive Visual Recording of Child

(a)  In the manner provided by this article, a court shall allow discovery of property or material that constitutes or contains a visual image, as described by Section 21.15(b), Penal Code, of a child younger than 14 years of age and that was seized by law enforcement based on a reasonable suspicion that an offense under that subsection has been committed.(b)  Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.451.(c)  A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.(d)  For purposes of Subsection (c), property or material is considered to be reasonably available to the defendant if, at a facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial.|Added by Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 4, eff. June 18, 2015.
TX Code Crim Pro art 40.001 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 40 - New Trials|Article 40.001. New Trial on Material Evidence

A new trial shall be granted an accused where material evidence favorable to the accused has been discovered since trial.|Added by Acts 1993, 73rd Leg., ch. 900, Sec. 11.01, eff. Sept. 1, 1993.
TX Code Crim Pro art 42.011 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.011. Judgment Affecting an Officer or Jailer

If a person licensed under Chapter 1701, Occupations Code, is charged with the commission of a felony and a court that knows the person is licensed under that chapter convicts the person or places the person on community supervision, the clerk of the court shall send the Texas Commission on Law Enforcement, by mail or electronically, the license number of the person and a certified copy of the court's judgment reflecting that the person has been convicted or placed on community supervision.|Added by Acts 1995, 74th Leg., ch. 538, Sec. 10, eff. Sept. 1, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.09, eff. May 18, 2013.|
TX Code Crim Pro art 42.012 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.012. Finding That Controlled Substance Used to Commit Offense

In the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court determines beyond a reasonable doubt that the defendant administered or provided a controlled substance to the victim of the offense with the intent of facilitating the commission of the offense, the court shall make an affirmative finding of that fact and enter the affirmative finding in the judgment of that case.|Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(b), eff. Sept. 1, 1999.  Renumbered from Vernon's Ann. C.C.P. art. 42.015 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(9), eff. Sept. 1, 2001.|
TX Code Crim Pro art 42.013 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.013. Finding of Family Violence

In the trial of an offense under Title 5, Penal Code, if the court determines that the offense involved family violence, as defined by Section 71.004, Family Code, the court shall make an affirmative finding of that fact and enter the affirmative finding in the judgment of the case.|Added by Acts 1993, 73rd Leg., ch. 900, Sec. 9.01, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(h), eff. Sept. 1, 2003.|
TX Code Crim Pro art 42.0131 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.0131. Required Notice for Persons Convicted of Misdemeanors Involving Family Violence

If a person is convicted of a misdemeanor involving family violence, as defined by Section 71.004, Family Code, the court shall notify the person of the fact that it is unlawful for the person to possess or transfer a firearm or ammunition.|Added by Acts 2007, 80th Leg., R.S., Ch. 125 (S.B. 1470), Sec. 2, eff. September 1, 2007.|
TX Code Crim Pro art 42.014 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.014. Finding That Offense Was Committed Because of Bias or Prejudice

(a)  In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed, or intentionally selected the person's property that was damaged or affected as a result of the offense, because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference or by status as a peace officer or judge.(b) The sentencing judge may, as a condition of punishment, require attendance in an educational program to further tolerance and acceptance of others.(c) In this article, "sexual preference" has the following meaning only:  a preference for heterosexuality, homosexuality, or bisexuality.|Added by Acts 1993, 73rd Leg., ch. 987, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 318, Sec. 50, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 85, Sec. 1.02, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 1, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 3, eff. September 1, 2021.|
TX Code Crim Pro art 42.015 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.015. Finding of Age of Victim

(a)  In the trial of an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.(b)  In the trial of a sexually violent offense, as defined by Article 62.001, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the victim or intended victim was younger than 14 years of age at the time of the offense.|Added by Acts 1999, 76th Leg., ch. 1193, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1415, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 2, eff. September 1, 2013.|
TX Code Crim Pro art 42.016 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.016. Special Driver's License or Identification Requirements for Certain Sex Offenders

If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a violation of an offense for which a conviction or adjudication requires registration as a sex offender under Chapter 62, the court shall:(1)  issue an order requiring the Texas Department of Public Safety to include in any driver's license record or personal identification certificate record maintained by the department for the person an indication that the person is subject to the registration requirements of Chapter 62;(2)  require the person to apply to the Texas Department of Public Safety in person for an original or renewal driver's license or personal identification certificate not later than the 30th day after the date the person is released or the date the department sends written notice to the person of the requirements of Article 62.060, as applicable, and to annually renew the license or certificate;(3)  notify the person of the consequence of the conviction or order of deferred adjudication as it relates to the order issued under this article; and(4)  send to the Texas Department of Public Safety a copy of the record of conviction, a copy of the order granting deferred adjudication, or a copy of the juvenile adjudication, as applicable, and a copy of the order issued under this article.|Added by Acts 1999, 76th Leg., ch. 1401, Sec. 1, eff. Sept. 1, 2000.Amended by: Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.01, eff. September 1, 2005.|
TX Code Crim Pro art 42.017 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.017. Finding Regarding Age-Based Offense

In the trial of an offense under Section 21.11 or 22.011, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that:(1)  at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and(2)  the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.|Added by Acts 2001, 77th Leg., ch. 1159, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.17, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 134 (S.B. 198), Sec. 1, eff. September 1, 2011.|
TX Code Crim Pro art 42.0175 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42 - Judgment and Sentence|Article 42.0175. Finding Regarding Certain Health Care Professionals; Notification

(a)  In this article, "health care professional," "license," and "licensing authority" have the meanings assigned by Section 108.051, Occupations Code.(b)  In the trial of an offense, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that at the time of the offense the defendant held a license as a health care professional and the offense is:(1)  an offense for which the defendant is required to register as a sex offender under Chapter 62;(2)  a felony offense and the defendant used force or threat of force in the commission of the offense; or(3)  an offense under Section 22.011, 22.02, 22.021, or 22.04, Penal Code, and:(A)  the victim of the offense was a patient of the defendant; and(B)  the offense was committed in the course of providing services within the scope of the defendant's license.(c)  Not later than the fifth day after the date the defendant is convicted or granted deferred adjudication on the basis of an offense described by Subsection (b)(1), (2), or (3), the clerk of the court in which the conviction or deferred adjudication is entered shall provide written notice of the conviction or deferred adjudication, including the offense on which the conviction or deferred adjudication was based, to:(1)  the licensing authority that issued the defendant's license as a health care professional; and(2)  the Department of Public Safety.|Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 2, eff. September 1, 2019.|