reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.37. Evidence of Extraneous Offenses or Acts › Section 2-a.

Sec. 2-a.  Before evidence described by Section 2 may be introduced, the trial judge must:
(1)  determine that the evidence likely to be admitted at trial will be adequate to support a finding by the jury that the defendant committed the separate offense beyond a reasonable doubt; and
(2)  conduct a hearing out of the presence of the jury for that purpose.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.37. Evidence of Extraneous Offenses or Acts › Section 3.

Sec. 3.  The state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the 30th day before the date of the defendant's trial.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.37. Evidence of Extraneous Offenses or Acts › Section 4.

Sec. 4. This article does not limit the admissibility of evidence of extraneous crimes, wrongs, or acts under any other applicable law.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 48(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 4.004, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.08, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 387 (S.B. 12), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.12, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.08, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 3.02, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.371. Evidence in Prosecution of Offense Committed Against Member of Defendant's Family or Household or Person in Dating Relationship With Defendant

(a)  This article applies to a proceeding in the prosecution of a defendant for an offense, or for an attempt or conspiracy to commit an offense, for which the alleged victim is a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
(b)  In the prosecution of an offense described by Subsection (a), subject to the Texas Rules of Evidence or other applicable law, each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed the offense described by Subsection (a), including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim.
(c)  This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1086 (H.B. 2645), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 679 (S.B. 2136), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 679 (S.B. 2136), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.38. Evidence Relating to Retaining Attorney

Evidence that a person has contacted or retained an attorney is not admissible on the issue of whether the person committed a criminal offense.  In a criminal case, neither the judge nor the attorney representing the state may comment on the fact that the defendant has contacted or retained an attorney in the case.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 49, eff. Sept. 1, 1995.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.39. Evidence in an Aggregation Prosecution With Numerous Victims

In trials involving an allegation of a continuing scheme of fraud or theft alleged to have been committed against a large class of victims in an aggregate amount or value, it need not be proved by direct evidence that each alleged victim did not consent or did not effectively consent to the transaction in question.  It shall be sufficient if the lack of consent or effective consent to a particular transaction or transactions is proven by either direct or circumstantial evidence.
Added by Acts 2001, 77th Leg., ch. 1411, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.40. Evidence of Pregnancy

(a)  In a prosecution for the death of or injury to an individual who is an unborn child, the prosecution shall provide medical or other evidence that the mother of the individual was pregnant at the time of the alleged offense.
(b) For the purpose of this section, "individual" has the meaning assigned by Section 1.07, Penal Code.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.41. Certificate of Analysis › Section 1.

Sec. 1. A certificate of analysis that complies with this article is admissible in evidence on behalf of the state or the defendant to establish the results of a laboratory analysis of physical evidence conducted by or for a law enforcement agency without the necessity of the analyst personally appearing in court.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.41. Certificate of Analysis › Section 3.

Sec. 3. A certificate of analysis under this article must contain the following information certified under oath:
(1) the names of the analyst and the laboratory employing the analyst;
(2) a statement that the laboratory employing the analyst is accredited by a nationally recognized board or association that accredits crime laboratories;
(3) a description of the analyst's educational background, training, and experience;
(4) a statement that the analyst's duties of employment included the analysis of physical evidence for one or more law enforcement agencies;
(5) a description of the tests or procedures conducted by the analyst;
(6) a statement that the tests or procedures used were reliable and approved by the laboratory employing the analyst;  and
(7) the results of the analysis.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.41. Certificate of Analysis › Section 4.

Sec. 4.  Not later than the 20th day before the trial begins in a proceeding in which a certificate of analysis under this article is to be introduced, the certificate must be filed with the clerk of the court and a copy must be provided by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the opposing party.  The certificate is not admissible under Section 1 if, not later than the 10th day before the trial begins, the opposing party files a written objection to the use of the certificate with the clerk of the court and provides a copy of the objection by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the offering party.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.41. Certificate of Analysis › Section 5.

Sec. 5. A certificate of analysis is sufficient for purposes of this article if it uses the following form or if it otherwise substantially complies with this article:
CERTIFICATE OF ANALYSIS
BEFORE ME, the undersigned authority, personally appeared ______________________________, who being duly sworn, stated as follows:
My name is __________.  I am of sound mind, over the age of 18 years, capable of making this affidavit, and personally acquainted with the facts stated in this affidavit.
I am employed by the __________, which was authorized to conduct the analysis referenced in this affidavit.  Part of my duties for this laboratory involved the analysis of physical evidence for one or more law enforcement agencies.  This laboratory is accredited by __________.
My educational background is as follows:  (description of educational background)
My training and experience that qualify me to perform the tests or procedures referred to in this affidavit and determine the results of those tests or procedures are as follows:  (description of training and experience)
I received the physical evidence listed on laboratory report no. __________ (attached) on the ___ day of __________, 20___.  On the date indicated in the laboratory report, I conducted the following tests or procedures on the physical evidence:  (description of tests and procedures)
The tests and procedures used were reliable and approved by the laboratory.  The results are as indicated on the lab report.
__________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of __________, 20___.
__________
Notary Public, State of Texas
Added by Acts 2003, 78th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 4, eff. May 18, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.42. Chain of Custody Affidavit › Section 1.

Sec. 1. A chain of custody affidavit that complies with this article is admissible in evidence on behalf of the state or the defendant to establish the chain of custody of physical evidence without the necessity of any person in the chain of custody personally appearing in court.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.42. Chain of Custody Affidavit › Section 3.

Sec. 3. A chain of custody affidavit under this article must contain the following information stated under oath:
(1) the affiant's name and address;
(2) a description of the item of evidence and its container, if any, obtained by the affiant;
(3) the name of the affiant's employer on the date the affiant obtained custody of the physical evidence;
(4) the date and method of receipt and the name of the person from whom or location from which the item of physical evidence was received;
(5) the date and method of transfer and the name of the person to whom or location to which the item of physical evidence was transferred;  and
(6) a statement that the item of evidence was transferred in essentially the same condition as received except for any minor change resulting from field or laboratory testing procedures.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.42. Chain of Custody Affidavit › Section 4.

Sec. 4.  Not later than the 20th day before the trial begins in a proceeding in which a chain of custody affidavit under this article is to be introduced, the affidavit must be filed with the clerk of the court and a copy must be provided by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the opposing party.  The affidavit is not admissible under Section 1 if, not later than the 10th day before the trial begins, the opposing party files a written objection to the use of the affidavit with the clerk of the court and provides a copy of the objection by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the offering party.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.42. Chain of Custody Affidavit › Section 5.

Sec. 5. A chain of custody affidavit is sufficient for purposes of this article if it uses the following form or if it otherwise substantially complies with this article:
CHAIN OF CUSTODY AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared ______________________________, who being by me duly sworn, stated as follows:
My name is __________.  I am of sound mind, over the age of 18 years, capable of making this affidavit, and personally acquainted with the facts stated in this affidavit.
My address is __________.
On the ___ day of __________, 20___, I was employed by ___________.
On that date, I came into possession of the physical evidence described as follows:  (description of evidence)
I received the physical evidence from __________ (name of person or description of location) on the ___ day of __________, 20___, by ___________ (method of receipt).
This physical evidence was in a container described and marked as follows:  (description of container)
I transferred the physical evidence to __________ (name of person or description of location) on the ___ day of __________, 20___, by ___________ (method of delivery).
During the time that the physical evidence was in my custody, I did not make any changes or alterations to the condition of the physical evidence except for those resulting from field or laboratory testing procedures, and the physical evidence or a representative sample of the physical evidence was transferred in essentially the same condition as received.
__________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of __________, 20___.
__________
Notary Public, State of Texas
Added by Acts 2003, 78th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 5, eff. May 18, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.435. Prohibited Use of Evidence From Forensic Medical Examination Performed on Victim of Sexual Assault

Evidence collected during a forensic medical examination conducted under Subchapter G, Chapter 56A, may not be used to investigate or prosecute a misdemeanor offense, or an offense under Subchapter D, Chapter 481, Health and Safety Code, alleged to have been committed by the victim from whom the evidence was collected.
Added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.44. Admissibility of Electronically Preserved Document

An electronically preserved document has the same legal significance and admissibility as if the document had been maintained in hard-copy form.  If a party opposes admission of the document on the grounds that the document has been materially altered, the proponent of the document must disprove the allegation by a preponderance of the evidence.
Added by Acts 2005, 79th Leg., Ch. 312 (S.B. 611), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.45. Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor

(a)  During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public 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)  The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c)  The attorney representing the state shall be provided access to property or material described by Subsection (a).  In the manner provided by Article 39.15, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to property or material described by Subsection (a).
(d)  A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.
Added by Acts 2009, 81st Leg., R.S., Ch. 276 (S.B. 595), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.451. Evidence Depicting Invasive Visual Recording of Child

(a)  During the course of a criminal hearing or proceeding concerning an offense under Section 21.15, Penal Code, that was committed against a child younger than 14 years of age, the court shall not make available or allow to be made available the copying or dissemination to the public 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)  The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.
(c)  The attorney representing the state shall be provided access to the property or material described by Subsection (a).  In the manner provided by Article 39.151, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to the property or material provided by Subsection (a).
(d)  A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.
Added by Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 3, eff. June 18, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.46. Evidence in Prosecutions for Stalking

(a)  In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person in circumstances similar to the circumstances of the alleged victim to experience a fear described by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship.
(b)  This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 591 (S.B. 82), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 947 (S.B. 1717), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.47. Evidence in Aggregation Prosecution for Fraud or Theft Committed With Respect to Numerous Medicaid or Medicare Recipients

In trials involving an allegation of a continuing scheme of fraud or theft that involves Medicaid or Medicare benefits and is alleged to have been committed with respect to a large class of Medicaid or Medicare recipients in an aggregate amount or value, the attorney representing the state is not required to prove by direct evidence that each Medicaid or Medicare recipient did not consent or effectively consent to a transaction in question.  It is sufficient if the lack of consent or effective consent to a particular transaction or transactions is proven by either direct or circumstantial evidence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 104 (S.B. 1680), Sec. 1, eff. September 1, 2011.
Redesignated from Code of Criminal Procedure, Art/Sec 38.46 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(6), eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.471. Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual

(a)  In the prosecution of an offense under Section 32.53, Penal Code, evidence that the defendant has engaged in other conduct that is similar to the alleged criminal conduct may be admitted for the purpose of showing the defendant's knowledge or intent regarding an element of the offense.
(b)  Rule 403, Texas Rules of Evidence, applies to this article.  This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.
Added by Acts 2019, 86th Leg., R.S., Ch. 679 (S.B. 2136), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.48. Evidence in Prosecution for Tampering With Witness or Prospective Witness Involving Family Violence

(a)  This article applies to the prosecution of an offense under Section 36.05, Penal Code, in which:
(1)  the underlying official proceeding involved family violence, as defined by Section 71.004, Family Code; or
(2)  the actor is alleged to have violated Section 36.05, Penal Code, by committing an act of family violence against a witness or prospective witness.
(b)  In the prosecution of an offense described by Subsection (a), subject to the Texas Rules of Evidence or other applicable law, each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor's conduct coerced the witness or prospective witness, including the nature of the relationship between the actor and the witness or prospective witness.
Added by Acts 2013, 83rd Leg., R.S., Ch. 165 (S.B. 1360), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.49. Forfeiture by Wrongdoing

(a)  A party to a criminal case who wrongfully procures the unavailability of a witness or prospective witness:
(1)  may not benefit from the wrongdoing by depriving the trier of fact of relevant evidence and testimony; and
(2)  forfeits the party's right to object to the admissibility of evidence or statements based on the unavailability of the witness as provided by this article through forfeiture by wrongdoing.
(b)  Evidence and statements related to a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of a witness or prospective witness are admissible and may be used by the offering party to make a showing of forfeiture by wrongdoing under this article, subject to Subsection (c).
(c)  In determining the admissibility of the evidence or statements described by Subsection (b), the court shall determine, out of the presence of the jury, whether forfeiture by wrongdoing occurred by a preponderance of the evidence.  If practicable, the court shall make the determination under this subsection before trial using the procedures under Article 28.01 of this code and Rule 104, Texas Rules of Evidence.
(d)  The party offering the evidence or statements described by Subsection (b) is not required to show that:
(1)  the actor's sole intent was to wrongfully cause the witness's or prospective witness's unavailability;
(2)  the actions of the actor constituted a criminal offense; or
(3)  any statements offered are reliable.
(e)  A conviction for an offense under Section 36.05 or 36.06(a), Penal Code, creates a presumption of forfeiture by wrongdoing under this article.
(f)  Rule 403, Texas Rules of Evidence, applies to this article.  This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 165 (S.B. 1360), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 848 (S.B. 923), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 39 - Depositions and Discovery › Article 39.01. In Examining Trial

When an examination takes place in a criminal action before a magistrate, the state or the defendant may have the deposition of any witness taken by any officer authorized by this chapter.  The state or the defendant may not use the deposition for any purpose unless that party first acknowledges that the entire evidence or statement of the witness may be used for or against the defendant on the trial of the case, subject to all legal objections.  The deposition of a witness duly taken before an examining trial or a jury of inquest and reduced to writing or recorded and then certified according to law, provided that the defendant and the defendant's attorney were present when that testimony was taken and that the defendant had the privilege afforded of cross-examining the witness, or taken at any prior trial of the defendant for the same offense, may be used by either the state or the defendant in the trial of the defendant's criminal case under the following circumstances:
When oath is made by the party using the deposition that the witness resides outside the state; or that since the witness's testimony was taken, the witness has died, or has removed beyond the limits of the state, or has been prevented from attending the court through the act or agency of the other party, 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, that 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 testimony 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 must be made by the defendant in person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 1021 (H.B. 975), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 104 (S.B. 1680), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 39 - Depositions and Discovery › Article 39.02. Witness Depositions

Depositions of witnesses may be taken by either the state or the defendant.  When a party desires to take the deposition of a witness, the party shall file with the clerk of the court in which the case is pending an affidavit stating the facts necessary to constitute a good reason for taking the witness's deposition and an application to take the deposition.  On the filing of the affidavit and application, and after notice to the opposing party, the court shall hear the application and determine if good reason exists for taking the deposition.  The court shall base its determination and shall grant or deny the application on the facts made known at the hearing.  This provision is limited to the purposes stated in Article 39.01.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 24, eff. Aug. 28, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 1021 (H.B. 975), Sec. 1, eff. September 1, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.01. Judgment › Section 4.

Sec. 4.  The Office of Court Administration of the Texas Judicial System shall promulgate a standardized felony judgment form that conforms to the requirements of Section 1 of this article. A court entering a felony judgment shall use the form promulgated under this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.