reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.02. Payable in Money

All recognizances, bail bonds, and undertakings of any kind, whereby a party becomes bound to pay money to the State, and all fines and forfeitures of a pecuniary character, shall be collected in the lawful money of the United States only.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.021. Capias or Capias Pro Fine in Electronic Form

A capias or capias pro fine may be issued in electronic form.
Added by Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.035. Reconsideration of Fine or Costs

(a)  If a defendant notifies the court that the defendant has difficulty paying the fine and costs in compliance with the judgment, the court shall hold a hearing to determine whether that portion of the judgment imposes an undue hardship on the defendant.
(b)  For purposes of Subsection (a), a defendant may notify the court by:
(1)  voluntarily appearing and informing the court or the clerk of the court in the manner established by the court for that purpose;
(2)  filing a motion with the court;
(3)  mailing a letter to the court; or
(4)  any other method established by the court for that purpose.
(c)  If the court determines at the hearing under Subsection (a) that the portion of the judgment regarding the fine and costs imposes an undue hardship on the defendant, the court shall consider whether the fine and costs should be satisfied through one or more methods listed under Article 42.15(a-1).
(d)  The court may decline to hold a hearing under Subsection (a) if the court:
(1)  previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the portion of the judgment regarding the fine and costs does not impose an undue hardship on the defendant; or
(2)  is able to determine without holding a hearing that:
(A)  the applicable portion of the judgment imposes an undue hardship on the defendant; and
(B)  the fine and costs should be satisfied through one or more methods listed under Article 42.15(a-1).
(e)  The court retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.03, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.04. If Defendant Is Absent

When a judgment and sentence have been rendered against a defendant in the defendant's absence, the court may order a capias issued for the defendant's arrest.  The sheriff shall execute the capias by bringing the defendant before the court or by placing the defendant in jail until the defendant can be brought before the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 3, eff. June 15, 1971.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.06. Capias or Capias Pro Fine May Issue to Any County

A capias or capias pro fine may be issued to any county in the State, and shall be executed and returned as in other cases, but no bail shall be taken in such cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.07. Execution for Fine and Costs

In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine may issue for the defendant though an execution was issued against the defendant's property.  The execution shall be collected and returned as in civil actions.  When the execution has been collected, the defendant shall be at once discharged;  and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.08. Further Enforcement of Judgment

When a defendant has been committed to jail in default of the fine and costs adjudged against him, the further enforcement of such judgment and sentence shall be in accordance with the provisions of this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.101. Voluntary Work

(a)  A defendant who is confined in county jail before trial, after conviction of a misdemeanor, or after conviction of a felony or revocation of community supervision, parole, or mandatory supervision and awaiting transfer to the Texas Department of Criminal Justice may volunteer to participate in any work program operated by the sheriff that uses the labor of convicted defendants.
(b)  The sheriff may accept a defendant as a volunteer under Subsection (a) if the defendant is not awaiting trial for an offense involving violence or is not awaiting transfer to the Texas Department of Criminal Justice after conviction of a felony involving violence, and if the sheriff determines that the inmate has not engaged previously in violent conduct and does not pose a security risk to the general public if allowed to participate in the work program.
(c) A defendant participating in a work program under this section is not an employee for the purposes of Chapter 501 or 504, Labor Code.
(d)  For each day of volunteer work, in addition to any other credits allowed by law, the court or sheriff may deduct one day from each sentence imposed on the defendant in relation to the offense or violation of the terms of release for which the defendant was confined in county jail.
Added by Acts 1989, 71st Leg., ch. 753, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 86, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 3.20, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.032, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.11. Authority for Confinement

When, by the judgment and sentence of the court, a defendant is to be confined in jail, a certified copy of such judgment and sentence shall be sufficient authority for the sheriff to place such defendant in jail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.13. Discharge of Defendant

(a)  A defendant who has remained in jail the length of time required by the judgment and sentence shall be discharged.  The sheriff shall return the copy of the judgment and sentence, or the capias under which the defendant was imprisoned, to the proper court, stating how it was executed.
(b)  A defendant convicted of a misdemeanor and sentenced to a term of confinement discharges the defendant's sentence at any time beginning at 6 a.m. and ending at 5 p.m. on the day of discharge.
(c)  Except as provided by Subsections (d) and (e), the sheriff or other county jail administrator shall release a defendant at any time beginning at 6 a.m. and ending at 5 p.m. on the day the defendant discharges the defendant's sentence.
(d)  The sheriff or other county jail administrator may:
(1)  credit a defendant with not more than 18 hours of time served; and
(2)  release the defendant at any time beginning at 6 a.m. and ending at 5 p.m. on the day preceding the day on which the defendant discharges the defendant's sentence.
(e)  A sheriff or other county jail administrator may release a defendant from county jail after 5 p.m. and before 6 a.m. if the defendant:
(1)  agrees to or requests a release after 5 p.m. and before 6 a.m.;
(2)  is subject to an arrest warrant issued by another county and is being released for purposes of executing that arrest warrant;
(3)  is being transferred to the custody of another state, a unit of the federal government, or a facility operated by or under contract with the Texas Department of Criminal Justice; or
(4)  is being admitted to an inpatient mental health facility or a state supported living center for court-ordered mental health or intellectual disability services.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1997, 75th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 401 (S.B. 1700), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.131. Immunities

(a)  An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not liable for damages arising from an act or failure to act by the individual or governmental entity in connection with a community service program or work program established under this chapter if the act or failure to act:
(1) was performed pursuant to a court order or was otherwise performed in an official capacity;  and
(2) was not performed with conscious indifference for the safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not apply to a claim based on an act or a failure to act of an individual listed in Subsection (c) of this article or a governmental entity the officer serves as an officer or employee if the act or failure to act is in connection with a program described by Subsection (a) of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county commissioner, or county employee;
(4) an officer or employee of a state agency;  or
(5) an officer or employee of a political subdivision other than a county.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.14. Execution of Convict: Confidential Information

(a)  Whenever the sentence of death is pronounced against a convict, the sentence shall be executed at any time after the hour of 6 p.m. on the day set for the execution, by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until such convict is dead, such execution procedure to be determined and supervised by the director of the correctional institutions division of the Texas Department of Criminal Justice.
(b)  The name, address, and other identifying information of the following is confidential and excepted from disclosure under Section 552.021, Government Code:
(1)  any person who participates in an execution procedure described by Subsection (a), including a person who uses, supplies, or administers a substance during the execution; and
(2)  any person or entity that manufactures, transports, tests, procures, compounds, prescribes, dispenses, or provides a substance or supplies used in an execution.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1977, 65th Leg., p. 287, ch. 138, Sec. 1, eff. Aug. 29, 1977.
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 120, eff. Sept. 1, 1981;  Acts 1991, 72nd Leg., ch. 652, Sec. 11, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 319, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.033, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 209 (S.B. 1697), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.141. Scheduling of Execution Date; Withdrawal; Modification

(a)  If an initial application under Article 11.071 is timely filed, the convicting court may not set an execution date before:
(1) the court of criminal appeals denies relief;  or
(2) if the case is filed and set for submission, the court of criminal appeals issues a mandate.
(b) If an original application is not timely filed under Article 11.071 or good cause is not shown for an untimely application under Article 11.071, the convicting court may set an execution date.
(b-1)  Not later than the second business day after the date on which the convicting court enters an order setting the execution date, a copy of the order must be sent by first-class mail, e-mail, or fax to:
(1)  the attorney who represented the condemned person in the most recently concluded stage of a state or federal postconviction proceeding; and
(2)  the office of capital writs established under Subchapter B, Chapter 78, Government Code.
(b-2)  The exclusive remedy for a failure to comply with Subsection (b-1) is the resetting of the execution date under this article.
(c)  An execution date may not be earlier than the 91st day after the date the convicting court enters the order setting the execution date.
(d) The convicting court may modify or withdraw the order of the court setting a date for execution in a death penalty case if the court determines that additional proceedings are necessary on:
(1) a subsequent or untimely application for a writ of habeas corpus filed under Article 11.071;  or
(2) a motion for forensic testing of DNA evidence submitted under Chapter 64.
(e) If the convicting court withdraws the order of the court setting the execution date, the court shall recall the warrant of execution.  If the court modifies the order of the court setting the execution date, the court shall recall the previous warrant of execution, and the clerk of the court shall issue a new warrant.
Added by Acts 1995, 74th Leg., ch. 319, Sec. 4, eff. Sept. 1, 1995.  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 13, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 951 (S.B. 1071), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.15. Warrant of Execution

(a)  Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, not later than the 10th day after the court enters its order setting the date for execution, issue a warrant under the seal of the court for the execution of the sentence of death, which shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court, and the time fixed for the execution, and which shall be directed to the director of the correctional institutions division of the Texas Department of Criminal Justice at Huntsville, Texas, commanding the director to proceed, at the time and place named in the order of execution, to carry the same into execution, as provided in Article 43.14, and shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be delivered by the sheriff to the director, together with the condemned person if the person has not previously been so delivered.
(b)  At the time the warrant is issued under Subsection (a), the clerk of the court shall send a copy of the warrant to:
(1)  the attorney who represented the condemned person in the most recently concluded stage of a state or federal postconviction proceeding;
(2)  the attorney representing the state; and
(3)  the office of capital writs established under Subchapter B, Chapter 78, Government Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 121, eff. Sept. 1, 1981.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 951 (S.B. 1071), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.16. Taken to Department of Corrections

Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the Director of the Department of Corrections, if he has not already been so delivered, and shall deliver him and the warrant aforesaid into the hands of the Director of the Department of Corrections and shall take from the Director of the Department of Corrections his receipt for such person and such warrant, which receipt the sheriff shall return to the office of the clerk of the court where the judgment of death was rendered.  For his services, the sheriff shall be entitled to the same compensation as is now allowed by law to sheriffs for removing or conveying prisoners under the provisions of Section 4 of Article 1029 or 1030 of the Code of Criminal Procedure of 1925, as amended.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 122, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.17. Visitors

Upon the receipt of such condemned person by the Director of the Department of Corrections, the condemned person shall be confined therein until the time for his or her execution arrives, and while so confined, all persons outside of said prison shall be denied access to him or her, except his or her physician, lawyer, and clergyperson, who shall be admitted to see him or her when necessary for his or her health or for the transaction of business, and the relatives and friends of the condemned person, who shall be admitted to see and converse with him or her at all proper times, under such reasonable rules and regulations as may be made by the Board of Directors of the Department of Corrections.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 1181;  ch. 572, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.18. Executioner

The director of the Texas Department of Criminal Justice shall designate an executioner to carry out the death penalty provided by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 911, ch. 341, Sec. 6, eff. June 19, 1975;  Acts 1977, 65th Leg., p. 288, ch. 138, Sec. 2, eff. Aug. 29, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.034, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.19. Place of Execution

The execution shall take place at a location designated by the Texas Department of Criminal Justice in a room arranged for that purpose.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1985, 69th Leg., ch. 250, Sec. 1, eff. Aug. 26, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.035, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.20. Present at Execution

The following persons may be present at the execution:  the executioner, and such persons as may be necessary to assist him in conducting the execution;  the Board of Directors of the Department of Corrections, two physicians, including the prison physician, the spiritual advisor of the condemned, the chaplains of the Department of Corrections, the county judge and sheriff of the county in which the Department of Corrections is situated, and any of the relatives or friends of the condemned person that he may request, not exceeding five in number, shall be admitted.  No convict shall be permitted by the prison authorities to witness the execution.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.21. Escape After Sentence

If the condemned escape after sentence and before his delivery to the Director of the Department of Corrections, and be not rearrested until after the time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced;  and thereupon the court by whom the condemned was sentenced;  either in term-time or vacation, on notice of such arrest being given by the sheriff, shall again appoint a time for the execution, not less than thirty days from such appointment, which appointment shall be by the clerk of said court immediately certified to the Director of the Department of Corrections and such clerk shall place such certificate in the hands of the sheriff, who shall deliver the same, together with the warrant aforesaid and the condemned person to the Director of the Department of Corrections, who shall receipt to the sheriff for the same and proceed at the appointed time to carry the sentence of death into execution as hereinabove provided.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.22. Escape From Department of Corrections

If the condemned person escapes after his delivery to the Director of the Department of Corrections, and is not retaken before the time appointed for his execution, any person may arrest and commit him to the Director of the Department of Corrections whereupon the Director of the Department of Corrections shall certify the fact of his escape and recapture to the court in which sentence was passed;  and the court, either in term-time or vacation, shall again appoint a time for the execution which shall not be less than thirty days from the date of such appointment;  and thereupon the clerk of such court shall certify such appointment to the Director of the Department of Corrections, who shall proceed at the time so appointed to execute the condemned, as hereinabove provided.  The sheriff or other officer or other person performing any service under this and the preceding Article shall receive the same compensation as is provided for similar services under the provisions of Articles 1029 or 1030 of the Code of Criminal Procedure of 1925, as amended.  If for any reason execution is delayed beyond the date set, then the court which originally sentenced the defendant may set a later date for execution.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.23. Return of Director

When the execution of sentence is suspended or respited to another date, same shall be noted on the warrant and on the arrival of such date, the Director of the Department of Corrections shall proceed with such execution;  and in case of death of any condemned person before the time for his execution arrives, or if he should be pardoned or his sentence commuted by the Governor, no execution shall be had;  but in such cases, as well as when the sentence is executed, the Director of the Department of Corrections shall return the warrant and certificate with a statement of any such act and his proceedings endorsed thereon, together with a statement showing what disposition was made of the dead body of the convict, to the clerk of the court in which the sentence was passed, who shall record the warrant and return in the minutes of the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.24. Treatment of Condemned

No torture, or ill treatment, or unnecessary pain, shall be inflicted upon a prisoner to be executed under the sentence of the law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.25. Body of Convict

The body of a convict who has been legally executed shall be embalmed immediately and so directed by the Director of the correctional institutions division of the Texas Department of Criminal Justice.  If the body is not demanded or requested by a relative or bona fide friend within forty-eight hours after execution then it shall be delivered to the Texas Funeral Service Commission, if requested by the commission.  If the body is requested by a relative, a bona fide friend, or the Texas Funeral Service Commission, such recipient shall pay a fee not to exceed twenty-five dollars to the mortician for the mortician's services in embalming the body for which the mortician shall issue to the recipient a written receipt.  When such receipt is delivered to the Director of the correctional institutions division of the Texas Department of Criminal Justice, the body of the deceased shall be delivered to the party named in the receipt or the party's authorized agent.  If the body is not delivered to a relative, a bona fide friend, or the Texas Funeral Service Commission, the Director of the correctional institutions division of the Texas Department of Criminal Justice shall cause the body to be decently buried, and the fee for embalming shall be paid by the county in which the indictment which resulted in conviction was found.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 2.01, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.26. Preventing Rescue

The sheriff may, when he supposes there will be a necessity, order such number of citizens of his county, or request any military or militia company, to aid in preventing the rescue of a prisoner.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.02. Defendant May Appeal

A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed, provided, however, before the defendant who has been convicted upon either his plea of guilty or plea of nolo contendere before the court and the court, upon the election of the defendant, assesses punishment and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney may prosecute his appeal, he must have permission of the trial court, except on those matters which have been raised by written motion filed prior to trial.  This article in no way affects appeals pursuant to Article 44.17 of this chapter.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1977, 65th Leg., p. 940, ch. 351, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.041. Conditions in Lieu of Bond

(a)  If a defendant is confined in county jail pending appeal and is eligible for release on bond pending appeal but is financially unable to make bond, the court may release the defendant without bond pending the conclusion of the appeal only if the court determines that release under this article is reasonable given the circumstances of the defendant's offense and the sentence imposed.
(b)  A court that releases a defendant under this article must require the defendant to participate in a program under Article 42.033, 42.034, 42.035, or 42.036 during the pendency of the appeal.  A defendant required to participate in a program may receive credit toward completion of the defendant's sentence while participating in the program in the same manner and to the same extent provided by Article 42.033, 42.034, 42.035, or 42.036, as applicable.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.15, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 5, eff. June 19, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.07. Right of Appeal Not Abridged

The right of appeal, as otherwise provided by law, shall in no wise be abridged by any provision of this Chapter.
Act 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.10. Sheriff to Report Escape

When any such escape occurs, the sheriff who had the prisoner in custody shall immediately report the fact under oath to the district or county attorney of the county in which the conviction was had, who shall forthwith forward such report to the State prosecuting attorney.  Such report shall be sufficient evidence of the fact of such escape to authorize the dismissal of the appeal.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.12. Procedure as to Bail Pending Appeal

The amount of any bail given in any felony or misdemeanor case to perfect an appeal from any court to the Court of Appeals shall be fixed by the court in which the judgment or order appealed from was rendered.  The sufficiency of the security thereon shall be tested, and the same proceedings had in case of forfeiture, as in other cases regarding bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 815, ch. 291, Sec. 130, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.15. Appellate Court May Allow New Bond

When an appeal is taken from any court of this State, by filing a bond within the time prescribed by law in such cases, and the court to which appeal is taken determines that such bond is defective in form or substance, such appellate court may allow the appellant to amend such bond by filing a new bond, on such terms as the court may prescribe.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.16. Appeal Bond Given Within What Time

If the defendant is not in custody, a notice of appeal as provided in Article 44.13 shall have no effect whatever until the required appeal bond has been given and approved.  The appeal bond shall be given within ten days after the sentence of the court has been rendered, except as provided in Article 27.14 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 451, ch. 207, Sec. 3, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.17. Appeal to County Court, How Conducted

In all appeals to a county court from justice courts and municipal courts other than municipal courts of record, the trial shall be de novo in the trial in the county court, the same as if the prosecution had been originally commenced in that court.  An appeal to the county court from a municipal court of record may be based only on errors reflected in the record.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 641, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.18. Original Papers Sent Up

In appeals from justice and corporation courts, all the original papers in the case, together with the appeal bond, if any, and together, with a certified transcript of all the proceedings had in the case before such court shall be delivered without delay to the clerk of the court to which the appeal was taken, who shall file the same and docket the case.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.181. Defect in Complaint

(a)  A court conducting a trial de novo based on an appeal from a justice or municipal court may dismiss the case because of a defect in the complaint only if the defendant objected to the defect before the trial began in the justice or municipal court.
(b) The attorney representing the state may move to amend a defective complaint before the trial de novo begins.
Added by Acts 1995, 74th Leg., ch. 478, Sec. 2, eff. Sept. 1, 1995.  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1545, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.19. Witnesses Not Again Summoned

In the cases mentioned in the preceding Article, the witnesses who have been summoned or attached to appear in the case before the court below, shall appear before the court to which the appeal is taken without further process.  In case of their failure to do so, the same proceedings may be had as if they had been originally summoned or attached to appear before such court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.20. Rules Governing Appeal Bonds

The rules governing the taking and forfeiture of bail shall govern appeal bonds, and the forfeiture and collection of such appeal bonds shall be in the court to which such appeal is taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.25. Cases Remanded

The courts of appeals, other than the Court of Appeals of the Fifteenth Court of Appeals District, or the Court of Criminal Appeals may reverse the judgment in a criminal action, as well upon the law as upon the facts.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 2.03, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.251. Reformation of Sentence in Capital Case

(a)  The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life without parole if the court finds that there is legally insufficient evidence to support an affirmative answer to an issue submitted to the jury under Section 2(b), Article 37.071, or Section 2(b), Article 37.072.
(b)  The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life without parole if:
(1)  the court finds reversible error that affects the punishment stage of the trial other than a finding of insufficient evidence under Subsection (a); and
(2)  within 30 days after the date on which the opinion is handed down, the date the court disposes of a timely request for rehearing, or the date that the United States Supreme Court disposes of a timely filed petition for writ of certiorari, whichever date is later, the prosecuting attorney files a motion requesting that the sentence be reformed to confinement for life without parole.
(c)  If the court of criminal appeals finds reversible error that affects the punishment stage of the trial only, as described by Subsection (b) of this article, and the prosecuting attorney does not file a motion for reformation of sentence in the period described by that subsection, the defendant shall receive a new sentencing trial in the manner required by Article 44.29(c) or (d), as applicable.
(d)  The court of criminal appeals shall reform a sentence of death imposed under Section 12.42(c)(3), Penal Code, to a sentence of imprisonment in the Texas Department of Criminal Justice for life without parole if the United States Supreme Court:
(1)  finds that the imposition of the death penalty under Section 12.42(c)(3), Penal Code, violates the United States Constitution; and
(2)  issues an order that is not inconsistent with this article.
Added by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec. 2, eff. Aug. 31, 1981.  Amended by Acts 1991, 72nd Leg., ch. 838, Sec. 3, eff. Sept. 1, 1991.  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 781, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 10, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.18, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.036, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.2511. Reformation of Sentence in Capital Case for Offense Committed Before September 1, 1991

(a)  This article applies to the reformation of a sentence of death in a capital case for an offense committed before September 1, 1991.  For purposes of this subsection, an offense is committed before September 1, 1991, if every element of the offense occurred before that date.
(b)  The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life if the court finds that there is legally insufficient evidence to support an affirmative answer to an issue submitted to the jury under Section 3(b), Article 37.0711.
(c)  The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life if:
(1)  the court finds reversible error that affects the punishment stage of the trial other than a finding of insufficient evidence under Subsection (b); and
(2)  within 30 days after the date on which the opinion is handed down, the date the court disposes of a timely request for rehearing, or the date that the United States Supreme Court disposes of a timely filed petition for writ of certiorari, whichever date is later, the prosecuting attorney files a motion requesting that the sentence be reformed to confinement for life.
(d)  If the court of criminal appeals finds reversible error that affects the punishment stage of the trial only, as described by Subsection (c), and the prosecuting attorney does not file a motion for reformation of sentence in the period described by that subsection, the defendant shall receive a new sentencing trial in the manner required by Article 44.29(c).
Added by Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 11, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.037, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.28. When Misdemeanor Is Affirmed

In misdemeanor cases where there has been an affirmance, no proceedings need be had after filing the mandate, except to forfeit the bond of the defendant, or to issue a capias for the defendant, or an execution against his property, to enforce the judgment of the court, as if no appeal had been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.281. Disposition of Fines and Costs When Misdemeanor Affirmed

In misdemeanor cases affirmed on appeal from a municipal court, the fine imposed on appeal and the costs imposed on appeal shall be collected from the defendant, and the fine of the municipal court when collected shall be paid into the municipal treasury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Renumbered from Vernon's Ann.C.C.P. art. 45.11 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 65, eff. Sept. 1, 1999
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.2811. Records Relating to Certain Fine-Only Misdemeanors Committed by a Child

All records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a criminal case for a fine-only misdemeanor, other than a traffic offense, that is committed by a child and that is appealed are confidential and may not be disclosed to the public except as provided under Article 45.0217(b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1257 (H.B. 528), Sec. 1, eff. January 1, 2014.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 345 (H.B. 2669), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.029, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.2811. Records Relating to Certain Fine-Only Misdemeanors Committed by a Child

All records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a criminal case for a fine-only misdemeanor, other than a traffic offense, that is committed by a child and that is appealed are confidential and may not be disclosed to the public except as provided under Article 45A.462(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1257 (H.B. 528), Sec. 1, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1319 (S.B. 394), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 3, eff. September 1, 2013.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 345 (H.B. 2669), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.029, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.2812. Confidential Records Related to Fine-Only Misdemeanor

Text of subsection effective until January 01, 2025
(a)  Except as provided by Subsection (b) and Article 45.0218(b), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by fine only, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, that are held or stored by or for an appellate court and relate to the person who was convicted of, or who received a dismissal after deferral of disposition for, the offense are confidential and may not be disclosed to the public.
Text of subsection effective on January 01, 2025
(a)  Except as provided by Subsection (b) and Article 45A.055(b), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by fine only, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, that are held or stored by or for an appellate court and relate to the person who was convicted of, or who received a dismissal after deferral of disposition for, the offense are confidential and may not be disclosed to the public.
(b)  This article does not apply to:
(1)  an opinion issued by an appellate court; or
(2)  records, files, and information described by Subsection (a) that relate to an offense that is sexual in nature, as determined by the holder of the records, files, or information.
Added by Acts 2017, 85th Leg., R.S., Ch. 811 (H.B. 681), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.030, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.33. Hearing in Appellate Court

(a)  The Court of Criminal Appeals shall make rules of posttrial and appellate procedure as to the hearing of criminal actions not inconsistent with this Code.  After the record is filed in the Court of Appeals or the Court of Criminal Appeals the parties may file such supplemental briefs as they may desire before the case is submitted to the court.  Each party, upon filing any such supplemental brief, shall promptly cause true copy thereof to be delivered to the opposing party or to the latter's counsel.  In every case at least two counsel for the defendant shall be heard in the Court of Appeals if such be desired by defendant.  In every case heard by the Court of Criminal Appeals at least two counsel for the defendant shall be permitted oral argument if desired by the appellant.
(b) Appellant's failure to file his brief in the time prescribed shall not authorize a dismissal of the appeal by the Court of Appeals or the Court of Criminal Appeals, nor shall the Court of Appeals or the Court of Criminal Appeals, for such reason, refuse to consider appellant's case on appeal.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 139, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.35. Bail Pending Habeas Corpus Appeal

In any habeas corpus proceeding in any court or before any judge in this State where the defendant is remanded to the custody of an officer and an appeal is taken to an appellate court, the defendant shall be allowed bail by the court or judge so remanding the defendant, except in capital cases where the proof is evident.  The fact that such defendant is released on bail shall not be grounds for a dismissal of the appeal except in capital cases where the proof is evident.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.39. Appellant Detained by Other Than Officer

If the appellant in a case of habeas corpus be detained by any person other than an officer, the sheriff receiving the mandate of the appellate court, shall immediately cause the person so held to be discharged;  and the mandate shall be sufficient authority therefor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 818, ch. 291, Sec. 144, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.41. Who Shall Take Bail Bond

When, by the judgment of the appellate court upon cases of habeas corpus, the applicant is ordered to give bail, such judgment shall be certified to the officer holding him in custody;  and if such officer be the sheriff, the bail bond may be executed before him;  if any other officer, he shall take the person detained before some magistrate, who may receive a bail bond, and shall file the same in the proper court of the proper county;  and such bond may be forfeited and enforced as provided by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 146, eff. Sept. 1, 1981.