reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 37 - The Verdict › Article 37.10. Informal Verdict

(a)  If the verdict of the jury is informal, its attention shall be called to it, and with its consent the verdict may, under the direction of the court, be reduced to the proper form.  If the jury refuses to have the verdict altered, it shall again retire to its room to deliberate, unless it manifestly appear that the verdict is intended as an acquittal;  and in that case, the judgment shall be rendered accordingly, discharging the defendant.
(b) If the jury assesses punishment in a case and in the verdict assesses both punishment that is authorized by law for the offense and punishment that is not authorized by law for the offense, the court shall reform the verdict to show the punishment authorized by law and to omit the punishment not authorized by law.  If the trial court is required to reform a verdict under this subsection and fails to do so, the appellate court shall reform the verdict as provided by this subsection.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1985, 69th Leg., ch. 442, Sec. 1, eff. June 11, 1985.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 37 - The Verdict › Article 37.11. Defendants Tried Jointly

Where several defendants are tried together, the jury may convict each defendant it finds guilty and acquit others.  If it agrees to a verdict as to one or more, it may find a verdict in accordance with such agreement, and if it cannot agree as to others, a mistrial may be entered as to them.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 37 - The Verdict › Article 37.12. Judgment on Verdict

On each verdict of acquittal or conviction, the proper judgment shall be entered immediately.  If acquitted, the defendant shall be at once discharged from all further liability upon the charge for which he was tried;  provided that, in misdemeanor cases where there is returned a verdict, or a plea of guilty is entered and the punishment assessed is by fine only, the court may, on written request of the defendant and for good cause shown, defer judgment until some other day fixed by order of the court;  but in no event shall the judgment be deferred for a longer period of time than six months.  On expiration of the time fixed by the order of the court, the court or judge thereof, shall enter judgment on the verdict or plea and the same shall be executed as provided by Chapter 43 of this Code.  Provided further, that the court or judge thereof, in the exercise of sound discretion may permit the defendant where judgment is deferred, to remain at large on his personal bond, or may require him to enter into bail bond in a sum at least double the amount of the assessed fine and costs, conditioned that the defendant and sureties, jointly and severally, will pay such fine and costs unless the defendant personally appears on the day, set in the order and discharges the judgment in the manner provided by Chapter 43 of this Code;  and for the enforcement of any judgment entered, all writs, processes and remedies of this Code are made applicable so far as necessary to carry out the provisions of this Article.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 37 - The Verdict › Article 37.13. If Jury Believes Accused Insane

When a jury has been impaneled to assess the punishment upon a plea of guilty, it shall say in its verdict what the punishment is which it assesses;  but if it is of the opinion that a person pleading guilty is insane, it shall so report to the court, and an issue as to that fact shall be tried before another jury;  and if, upon such trial, it be found that the defendant is insane, such proceedings shall be had as directed in cases where a defendant becomes insane after conviction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 37 - The Verdict › Article 37.14. Acquittal of Higher Offense as Jeopardy

If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense;  but he may, upon a second trial, be convicted of the same offense of which he was before convicted, or any other inferior thereto.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 2. Definitions

Sec. 2.  DEFINITIONS.  In this article:
(1)  "Accredited field of forensic science" means a specific forensic method or methodology validated or approved by the commission under this article.
(2)  "Commission" means the Texas Forensic Science Commission.
(3)  "Crime laboratory" has the meaning assigned by Article 38.35.
(3-a)  "DNA QA database" means a database maintained by a crime laboratory and used to identify possible contamination or other quality assurance events with respect to a DNA sample.
(3-b)  "Elimination sample" means a blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.
(4)  "Forensic analysis" means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action, except that the term does not include the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
(4-a)  "Forensic examination or test not subject to accreditation" means an examination or test described by Article 38.35(a)(4)(A), (B), (C), or (D) that is exempt from accreditation.
(5)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B, Chapter 78, Government Code.
(6)  "Physical evidence" has the meaning assigned by Article 38.35.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 3. Composition

Sec. 3.  COMPOSITION.  (a)  The commission is composed of nine members appointed by the governor as follows:
(1)  two members who must have expertise in the field of forensic science;
(2)  one member who must be a prosecuting attorney that the governor selects from a list of 10 names submitted by the Texas District and County Attorneys Association;
(3)  one member who must be a defense attorney that the governor selects from a list of 10 names submitted by the Texas Criminal Defense Lawyers Association;
(4)  one member who must be a faculty member or staff member of The University of Texas who specializes in clinical laboratory medicine that the governor selects from a list of five names submitted by the chancellor of The University of Texas System;
(5)  one member who must be a faculty member or staff member of Texas A&M University who specializes in clinical laboratory medicine that the governor selects from a list of five names submitted by the chancellor of The Texas A&M University System;
(6)  one member who must be a faculty member or staff member of Texas Southern University that the governor selects from a list of five names submitted by the chancellor of Texas Southern University;
(7)  one member who must be a director or division head of the University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database; and
(8)  one member who must be a faculty or staff member of the Sam Houston State University College of Criminal Justice and have expertise in the field of forensic science or statistical analyses that the governor selects from a list of five names submitted by the chancellor of the Texas State University System.
(b)  Each member of the commission serves a two-year term.  The terms expire on September 1 of:
(1)  each odd-numbered year, for a member appointed under Subsection (a)(1), (2), (3), or (4); and
(2)  each even-numbered year, for a member appointed under Subsection (a)(5), (6), (7), or (8).
(c)  The governor shall designate a member of the commission to serve as the presiding officer.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 3-b. Code of Professional Responsibility

Sec. 3-b.  CODE OF PROFESSIONAL RESPONSIBILITY.  (a)  The commission shall adopt a code of professional responsibility to regulate the conduct of persons, laboratories, facilities, and other entities regulated under this article.
(b)  The commission shall publish the code of professional responsibility adopted under Subsection (a).
(c)  The commission shall adopt rules establishing sanctions for code violations.
(d)  The commission shall update the code of professional responsibility as necessary to reflect changes in science, technology, or other factors affecting the persons, laboratories, facilities, and other entities regulated under this article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 4-a. Forensic Analyst Licensing

Sec. 4-a.  FORENSIC ANALYST LICENSING.  (a)  Notwithstanding Section 2, in this section:
(1)  "Forensic analysis" has the meaning assigned by Article 38.35.
(2)  "Forensic analyst" means a person who on behalf of a crime laboratory accredited under this article technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory.  The term does not include a medical examiner or other forensic pathologist who is a licensed physician.
(b)  A person may not act or offer to act as a forensic analyst unless the person holds a forensic analyst license.  The commission by rule may establish classifications of forensic analyst licenses if the commission determines that it is necessary to ensure the availability of properly trained and qualified forensic analysts to perform activities regulated by the commission.
(c)  The commission by rule may establish voluntary licensing programs for forensic examinations or tests not subject to accreditation.
(d)  The commission by rule shall:
(1)  establish the qualifications for a license that include:
(A)  successful completion of the education requirements established by the commission;
(B)  specific course work and experience, including instruction in courtroom testimony and ethics in a crime laboratory;
(C)  successful completion of an examination required or recognized by the commission; and
(D)  successful completion of proficiency testing to the extent required for crime laboratory accreditation;
(2)  set fees for the issuance and renewal of a license; and
(3)  establish the term of a forensic analyst license.
(e)  The commission by rule may recognize a certification issued by a national organization in an accredited field of forensic science as satisfying the requirements established under Subsection (d)(1)(C) to the extent the commission determines the content required to receive the certification is substantially equivalent to the content of the requirements under that subsection.
(f)  The commission shall issue a license to an applicant who:
(1)  submits an application on a form prescribed by the commission;
(2)  meets the qualifications established by commission rule; and
(3)  pays the required fee.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 4-b. Advisory Committee

Sec. 4-b.  ADVISORY COMMITTEE.  (a)  The commission shall establish an advisory committee to advise the commission and make recommendations on matters related to the licensing of forensic analysts under Section 4-a.
(b)  The advisory committee consists of nine members as follows:
(1)  one prosecuting attorney recommended by the Texas District and County Attorneys Association;
(2)  one defense attorney recommended by the Texas Criminal Defense Lawyers Association; and
(3)  seven members who are forensic scientists, crime laboratory directors, or crime laboratory quality managers, selected by the commission from a list of 20 names submitted by the Texas Association of Crime Laboratory Directors.
(c)  The commission shall ensure that appointments under Subsection (b)(3) include representation from municipal, county, state, and private crime laboratories that are accredited under this article.
(d)  The advisory committee members serve staggered two-year terms, with the terms of four or five members, as appropriate, expiring on August 31 of each year.  An advisory committee member may not serve more than two consecutive terms.  A vacancy on the advisory committee is filled by appointing a member in the same manner as the original appointment to serve for the unexpired portion of the term.
(e)  The advisory committee shall elect a presiding officer from among its members to serve a one-year term.  A member may serve more than one term as presiding officer.
(f)  The advisory committee shall meet annually and at the call of the presiding officer or the commission.
(g)  An advisory committee member is not entitled to compensation.  A member is entitled to reimbursement for actual and necessary expenses incurred in performing duties as a member of the advisory committee subject to the General Appropriations Act.
(h)  Chapter 2110, Government Code, does not apply to the advisory committee.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 4-e. DNA Qa Database; Storage and Removal of Certain DNA Records

Sec. 4-e.  DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN DNA RECORDS.  The commission shall adopt rules:
(1)  requiring a DNA QA database to be maintained separately from any other local, state, or federal database, including the CODIS DNA database established by the Federal Bureau of Investigation;
(2)  prohibiting a crime laboratory from uploading or storing a DNA record created from an elimination sample, or any other information derived from that record, in any database other than the DNA QA database maintained by the crime laboratory;
(3)  prohibiting a crime laboratory from allowing any other person to access the crime laboratory's DNA QA database; and
(4)  requiring each crime laboratory that maintains a DNA QA database to, not later than three months after the date on which a forensic DNA analysis of an elimination sample is completed, remove from the DNA QA database the DNA record created from the elimination sample and any other information derived from that record that is contained in the database.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 5. Reimbursement

Sec. 5.  REIMBURSEMENT.  A member of the commission may not receive compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 7. Submission

Sec. 7.  SUBMISSION.  The commission shall submit any report received under Section 4(a)(2) and any report prepared under Section 4(b)(1) to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 1 of each even-numbered year.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 8. Annual Report

Sec. 8.  ANNUAL REPORT.  Not later than December 1 of each year, the commission shall prepare and publish a report that includes:
(1)  a description of each complaint filed with the commission during the preceding 12-month period, the disposition of each complaint, and the status of any complaint still pending on December 31;
(2)  a description of any specific forensic method or methodology the commission designates as part of the accreditation process for crime laboratories established by rule under this article;
(3)  recommendations for best practices concerning the definition of "forensic analysis" provided by statute or by rule;
(4)  developments in forensic science made or used in other state or federal investigations and the activities of the commission, if any, with respect to those developments; and
(5)  other information that is relevant to investigations involving forensic science, as determined by the presiding officer of the commission.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 9. Administrative Attachment to Office of Court Administration

Sec. 9.  ADMINISTRATIVE ATTACHMENT TO OFFICE OF COURT ADMINISTRATION.  (a)  The commission is administratively attached to the Office of Court Administration of the Texas Judicial System.
(b)  The Office of Court Administration of the Texas Judicial System shall provide administrative support to the commission as necessary to enable the commission to carry out the purposes of this article.
(c)  Only the commission may exercise the duties of the commission under this article.  Except as provided by Subsection (b), the Office of Court Administration of the Texas Judicial System does not have any authority or responsibility with respect to the duties of the commission under this article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 10. Open Records Limitation

Sec. 10.  OPEN RECORDS LIMITATION.  Information that is filed as part of an allegation of professional misconduct or professional negligence or that is obtained during an investigation of an allegation of professional misconduct or professional negligence is not subject to release under Chapter 552, Government Code, until the conclusion of an investigation by the commission under Section 4.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 11. Report Inadmissible as Evidence

Sec. 11.  REPORT INADMISSIBLE AS EVIDENCE.  A written report prepared by the commission under this article is not admissible in a civil or criminal action.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 12. Collection of Certain Forensic Evidence

Sec. 12.  COLLECTION OF CERTAIN FORENSIC EVIDENCE.  The commission shall establish a method for collecting DNA and other forensic evidence related to unidentified bodies located less than 120 miles from the Rio Grande River.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 13. Texas Forensic Science Commission Operating Account

Sec. 13.  TEXAS FORENSIC SCIENCE COMMISSION OPERATING ACCOUNT.  The Texas Forensic Science Commission operating account is an account in the general revenue fund.  The commission shall deposit fees collected under Section 4-a for the issuance or renewal of a forensic analyst license to the credit of the account.  Money in the account may be appropriated only to the commission for the administration and enforcement of this article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 14. Funding for Training and Education

Sec. 14.  FUNDING FOR TRAINING AND EDUCATION.  The commission may use appropriated funds for the training and education of forensic analysts.
Added by Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 3, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 4, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 9, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 6, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 7, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 212 (S.B. 1124), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(4), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1115 (S.B. 298), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 574 (S.B. 284), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.01, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.02, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.03, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.04, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.05, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 10.06, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 742 (H.B. 3506), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 742 (H.B. 3506), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.004, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1149 (S.B. 991), 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 38.02. Effect Under Public Information Law of Release of Certain Information

A release of information by an attorney representing the state to defense counsel for a purpose relating to the pending or reasonably anticipated prosecution of a criminal case is not considered a voluntary release of information to the public for purposes of Section 552.007, Government Code, and does not waive the right to assert in the future that the information is excepted from required disclosure under Chapter 552, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 630 (H.B. 1360), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.03. Presumption of Innocence

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 2247, ch. 539, Sec. 1, eff. June 12, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.04. Jury Are Judges of Facts

The jury, in all cases, is the exclusive judge of the facts proved, and of the weight to be given to the testimony, except where it is provided by law that proof of any particular fact is to be taken as either conclusive or presumptive proof of the existence of another fact, or where the law directs that a certain degree of weight is to be attached to a certain species of evidence.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.05. Judge Shall Not Discuss Evidence

In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible;  nor shall he, at any stage of the proceeding previous to the return of the verdict, make any remark calculated to convey to the jury his opinion of 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 38 - Evidence in Criminal Actions › Article 38.07. Testimony in Corroboration of Victim of Sexual Offense

(a)  A conviction under Chapter 21, Section 20A.02(a)(3), (4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed any person, other than the defendant, of the alleged offense within one year after the date on which the offense is alleged to have occurred.
(b) The requirement that the victim inform another person of an alleged offense does not apply if at the time of the alleged offense the victim was a person:
(1) 17 years of age or younger;
(2) 65 years of age or older;  or
(3) 18 years of age or older who by reason of age or physical or mental disease, defect, or injury was substantially unable to satisfy the person's need for food, shelter, medical care, or protection from harm.
Added by Acts 1975, 64th Leg., p. 479, ch. 203, Sec. 6, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 2090, ch. 382, Sec. 1, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 200, Sec. 1, eff. May 19, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 12.01, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1018, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.05, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 1.

Sec. 1.  This article applies only to a hearing or proceeding in which the court determines that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an offense defined by any of the following sections of the Penal Code:
(1)  Section 19.02 (Murder);
(2)  Section 19.03 (Capital Murder);
(3)  Section 19.04 (Manslaughter);
(4)  Section 20.04 (Aggravated Kidnapping);
(5)  Section 21.11 (Indecency with a Child);
(6)  Section 22.011 (Sexual Assault);
(7)  Section 22.02 (Aggravated Assault);
(8)  Section 22.021 (Aggravated Sexual Assault);
(9)  Section 22.04(e) (Injury to a Child, Elderly Individual, or Disabled Individual);
(10)  Section 22.04(f) (Injury to a Child, Elderly Individual, or Disabled Individual), if the conduct is committed intentionally or knowingly;
(11)  Section 25.02 (Prohibited Sexual Conduct);
(12)  Section 29.03 (Aggravated Robbery);
(13)  Section 43.25 (Sexual Performance by a Child);
(14)  Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(15)  Section 43.05(a)(2) (Compelling Prostitution); or
(16)  Section 20A.02(a)(7) or (8) (Trafficking of Persons).
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 2.

Sec. 2.  (a)  The recording of an oral statement of the child made before the indictment is returned or the complaint has been filed is admissible into evidence if the court makes a determination that the factual issues of identity or actual occurrence were fully and fairly inquired into in a detached manner by a neutral individual experienced in child abuse cases that seeks to find the truth of the matter.
(b) If a recording is made under Subsection (a) of this section and after an indictment is returned or a complaint has been filed, by motion of the attorney representing the state or the attorney representing the defendant and on the approval of the court, both attorneys may propound written interrogatories that shall be presented by the same neutral individual who made the initial inquiries, if possible, and recorded under the same or similar circumstances of the original recording with the time and date of the inquiry clearly indicated in the recording.
(c) A recording made under Subsection (a) of this section is not admissible into evidence unless a recording made under Subsection (b) is admitted at the same time if a recording under Subsection (b) was requested prior to the time of the hearing or proceeding.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 3.

Sec. 3.  (a)  On its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact.  To the extent practicable, only the judge, the court reporter, the attorneys for the defendant and for the state, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony.  Only the attorneys and the judge may question the child.  To the extent practicable, the persons necessary to operate the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his testimony, but does not permit the child to see or hear them.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact, but the court shall attempt to ensure that the child cannot hear or see the defendant.  The court shall permit the attorney for the defendant adequate opportunity to confer with the defendant during cross-examination of the child.  On application of the attorney for the defendant, the court may recess the proceeding before or during cross-examination of the child for a reasonable time to allow the attorney for the defendant to confer with defendant.
(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 4.

Sec. 4.  (a)  After an indictment has been returned or a complaint filed, on its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact.  To the extent practicable, only those persons permitted to be present at the taking of testimony under Section 3 of this article may be present during the taking of the child's testimony, and the persons operating the equipment shall be confined from the child's sight and hearing as provided by Section 3.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact but shall attempt to ensure that the child cannot hear or see the defendant.
(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.  The court shall also ensure that:
(1) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(2) the recording equipment was capable of making an accurate recording, the operator was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the interviewer, and the recording is accurate and is not altered;
(3) each voice on the recording is identified;
(4) the defendant, the attorneys for each party, and the expert witnesses for each party are afforded an opportunity to view the recording before it is shown in the courtroom;
(5) before giving his testimony, the child was placed under oath or was otherwise admonished in a manner appropriate to the child's age and maturity to testify truthfully;
(6) the court finds from the recording or through an in camera examination of the child that the child was competent to testify at the time the recording was made;  and
(7) only one continuous recording of the child was made or the necessity for pauses in the recordings or for multiple recordings is established at the hearing or proceeding.
(c) After a complaint has been filed or an indictment returned charging the defendant, on the motion of the attorney representing the state, the court may order that the deposition of the child be taken outside of the courtroom in the same manner as a deposition may be taken in a civil matter.  A deposition taken under this subsection is admissible into evidence.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 6.

Sec. 6. If the court orders the testimony of a child to be taken under Section 3 or 4 of this article or if the court finds the testimony of the child taken under Section 2 or 5 of this article is admissible into evidence, the child may not be required to testify in court at the proceeding for which the testimony was taken, unless the court finds there is good cause.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 7.

Sec. 7. In making any determination of good cause under this article, the court shall consider the rights of the defendant, the interests of the child, the relationship of the defendant to the child, the character and duration of the alleged offense, any court finding related to the availability of the child to testify, the age, maturity, and emotional stability of the child, the time elapsed since the alleged offense, and any other relevant factors.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 8.

Sec. 8.  (a)  In making a determination of unavailability under this article, the court shall consider relevant factors including the relationship of the defendant to the child, the character and duration of the alleged offense, the age, maturity, and emotional stability of the child, and the time elapsed since the alleged offense, and whether the child is more likely than not to be unavailable to testify because:
(1) of emotional or physical causes, including the confrontation with the defendant;  or
(2) the child would suffer undue psychological or physical harm through his involvement at the hearing or proceeding.
(b) A determination of unavailability under this article can be made after an earlier determination of availability.  A determination of availability under this article can be made after an earlier determination of unavailability.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 9.

Sec. 9. If the court finds the testimony taken under Section 2 or 5 of this article is admissible into evidence or if the court orders the testimony to be taken under Section 3 or 4 of this article and if the identity of the perpetrator is a contested issue, the child additionally must make an in-person identification of the defendant either at or before the hearing or proceeding.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 10.

Sec. 10. In ordering a child to testify under this article, the court shall take all reasonable steps necessary and available to minimize undue psychological trauma to the child and to minimize the emotional and physical stress to the child caused by relevant factors, including the confrontation with the defendant and the ordinary participation of the witness in the courtroom.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 11.

Sec. 11. In a proceeding under Section 2, 3, or 4 or Subsection (b) of Section 5 of this article, if the defendant is not represented by counsel and the court finds that the defendant is not able to obtain counsel for the purposes of the proceeding, the court shall appoint counsel to represent the defendant at the proceeding.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.071. Testimony of Child Who Is Victim of Offense › Section 13.

Sec. 13. The attorney representing the state shall determine whether to use the procedure provided in Section 2 of this article or the procedure provided in Section 5 of this article.
Added by Acts 1983, 68th Leg., p. 3828, ch. 599, Sec. 1, eff. Aug. 29, 1983.  Sec. 3 amended by Acts 1987, 70th Leg., ch. 998, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 55, Sec. 1, eff. Oct. 20, 1987;  Sec. 3(a) amended by Acts 1991, 72nd Leg., ch. 266, Sec. 1, eff. Sept. 1, 1991;  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.24, eff. Sept. 1, 1995;  Sec. 1 amended by Acts 2001, 77th Leg., ch. 338, Sec. 1, eff. Sept. 1, 2001;  Sec. 2(c) amended by Acts 2001, 77th Leg., ch. 338, Sec. 2, eff. Sept. 1, 2001;  Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 3, eff. Sept. 1, 2001;  Sec. 4(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 4, eff. Sept. 1, 2001;  Sec. 5(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 5, eff. Sept. 1, 2001;  Sec. 8(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 6, eff. Sept. 1, 2001;  Sec. 9 amended by Acts 2001, 77th Leg., ch. 338, Sec. 7, eff. Sept. 1, 2001;  Sec. 10 amended by Acts 2001, 77th Leg., ch. 338, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.16, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.06, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.11, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.072. Hearsay Statement of Certain Abuse Victims › Section 1.

Sec. 1.  This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age or a person with a disability:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);
(3)  Section 43.25 (Sexual Performance by a Child);
(4)  Section 43.05(a)(2) or (3) (Compelling Prostitution);
(5)  Section 20A.02(a)(5), (6), (7), or (8) (Trafficking of Persons);
(6)  Section 20A.03 (Continuous Trafficking of Persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(5), (6), (7), or (8); or
(7)  Section 15.01 (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), (3), (4), (5), or (6) of this section.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.072. Hearsay Statement of Certain Abuse Victims › Section 2.

Sec. 2.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 1
(a)  This article applies only to statements that describe the alleged offense that:
(1)  were made by the child or person with a disability against whom the offense was allegedly committed; and
(2)  were made to the first person, 18 years of age or older, other than the defendant, to whom the child or person with a disability made a statement about the offense.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 2
(a)  This article applies only to statements that:
(1)  describe:
(A)  the alleged offense; or
(B)  if the statement is offered during the punishment phase of the proceeding, a crime, wrong, or act other than the alleged offense that is:
(i)  described by Section 1;
(ii)  allegedly committed by the defendant against the child who is the victim of the offense or another child younger than 14 years of age; and
(iii)  otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;
(2)  were made by the child against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and
(3)  were made to the first person, 18 years of age or older, other than the defendant, to whom the child made a statement about the offense or extraneous crime, wrong, or act.
(b)  A statement that meets the requirements of Subsection (a) is not inadmissible because of the hearsay rule if:
(1)  on or before the 14th day before the date the proceeding begins, the party intending to offer the statement:
(A)  notifies the adverse party of its intention to do so;
(B)  provides the adverse party with the name of the witness through whom it intends to offer the statement; and
(C)  provides the adverse party with a written summary of the statement;
(2)  the trial court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement; and
(3)  the child or person with a disability testifies or is available to testify at the proceeding in court or in any other manner provided by law.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.072. Hearsay Statement of Certain Abuse Victims › Section 3.

Sec. 3.  In this article, "person with a disability" means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. Sept. 1, 1985.  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 1, eff. June 11, 2009.
Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 710 (H.B. 2846), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 2.07, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 3.01, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.073. Testimony of Inmate Witnesses

In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is required to testify as a witness, any deposition or testimony of the inmate witness may be conducted by a video teleconferencing system in the manner described by Article 27.18.
Added by Acts 2001, 77th Leg., ch. 788, Sec. 2, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1031 (H.B. 2847), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.074. Testimony of Child in Prosecution of Offense › Section 1.

Sec. 1.  In this article:
(1)  "Child" has the meaning assigned by Section 22.011(c), Penal Code.
(2)  "Support person" means any person whose presence would contribute to the welfare and well-being of a child.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.074. Testimony of Child in Prosecution of Offense › Section 2.

Sec. 2.  This article applies to the testimony of a child in any hearing or proceeding in the prosecution of any offense, other than the testimony of a child in a hearing or proceeding in a criminal case in which that child is the defendant.