reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock

(a)  Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Section 49.04, 49.05, 49.06, or 49.061, Penal Code, or an offense under Section 49.045, 49.07, or 49.08 of that code:
(1)  have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and
(2)  not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.
(c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond.
(d)  The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device.  If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate.  The defendant shall pay the initial reimbursement fee at the time the agency verifies the installation of the device.  In each subsequent month during which the defendant is required to pay a reimbursement fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service.  The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995.  Subsec. (d) amended by Acts 1999, 76th Leg., ch. 537, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.05, eff. January 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.45. Conditions Requiring AIDS and HIV Instruction

A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02 or 43.021, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 34, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.46. Conditions for a Defendant Charged With Stalking

(a)  A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not:
(1) communicate directly or indirectly with the victim;  or
(2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations.
Added by Acts 1993, 73rd Leg., ch. 10, Sec. 2, eff. March 19, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 657, Sec. 3, eff. June 14, 1995;  amended by Acts 1997, 75th Leg., ch. 1, Sec. 5, eff. Jan. 28, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.465. Conditions for Defendant Charged With Certain Trafficking or Prostitution Related Offenses Involving Adult Victims

(a)  This article does not apply with respect to a defendant to whom Article 17.41 applies.
(b)  A magistrate shall require as a condition of release on bond that a defendant charged with an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, committed against a person 18 years of age or older may not:
(1)  communicate directly or indirectly with the victim; or
(2)  go to or near:
(A)  the residence, place of employment, or business of the victim; or
(B)  if applicable, a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(c)  The magistrate shall specifically describe the prohibited locations under Subsection (b)(2) and the minimum distances, if any, that the defendant must maintain from the locations.
(d)  At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (b), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred.  If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody.  Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond.  A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
Added by Acts 2021, 87th Leg., R.S., Ch. 232 (H.B. 1005), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.47. Conditions Requiring Submission of Specimen

(a)  A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
(b)  A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
Added by Acts 2001, 77th Leg., ch. 1490, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 17, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.48. Posttrial Actions

A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01.
Added by Acts 2001, 77th Leg., ch. 2, Sec. 3, eff. April 5, 2001.  Renumbered from Vernon's Ann.C.C.P. art. 17.47 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(6), eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.51. Notice of Conditions

(a)  As soon as practicable but not later than the next business day after the date a magistrate issues an order imposing a condition of release on bond for a defendant or modifying or removing a condition previously imposed, the clerk of the court shall send a copy of the order to:
(1)  the appropriate attorney representing the state; and
(2)  the sheriff of the county where the defendant resides.
(b)  A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement.
(c)  If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school.
(d)  The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient.
(e)  The magistrate or the magistrate's designee shall provide written notice to the defendant of:
(1)  the conditions of release on bond; and
(2)  the penalties for violating a condition of release.
(f)  The magistrate shall make a separate record of the notice provided to the defendant under Subsection (e).
(g)  The Office of Court Administration of the Texas Judicial System shall promulgate a form for use by a magistrate or a magistrate's designee in providing notice to the defendant under Subsection (e).  The form must include the relevant statutory language from the provisions of this chapter under which a condition of release on bond may be imposed on a defendant.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.52. Reporting of Conditions

A chief of police or sheriff who receives a copy of an order described by Article 17.51(a), or the chief's or sheriff's designee, shall, as soon as practicable but not later than the 10th day after the date the copy is received, enter information relating to the condition of release into the appropriate database of the statewide law enforcement information system maintained by the Department of Public Safety or modify or remove information, as appropriate.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17 - Bail › Article 17.53. Procedures and Forms Related to Monetary Bond

The Office of Court Administration of the Texas Judicial System shall develop statewide procedures and prescribe forms to be used by a court to facilitate:
(1)  the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and
(2)  the application of those cash funds to the defendant's outstanding court costs, fines, and fees.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 13, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.01. Application and Definitions

(a)  This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations.  Where not in conflict with this chapter, the other chapters of this code apply to corporations and associations.
(b) In this code, unless the context requires a different definition:
(1) "Agent" means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.
(2) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
(3) "High managerial agent" means:
(A) an officer of a corporation or association;
(B) a partner in a partnership;  or
(C) an agent of a corporation or association who has duties of such responsibility that his conduct may reasonably be assumed to represent the policy of the corporation or association.
(4) "Person," "he," and "him" include corporation and association.
Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.02. Allegation of Name

(a)  In alleging the name of a defendant corporation, it is sufficient to state in the complaint, indictment, or information the corporate name, or to state any name or designation by which the corporation is known or may be identified.  It is not necessary to allege that the defendant was lawfully incorporated.
(b) In alleging the name of a defendant association it is sufficient to state in the complaint, indictment, or information the association's name, or to state any name or designation by which the association is known or may be identified, or to state the name or names of one or more members of the association, referring to the unnamed members as "others."  It is not necessary to allege the legal form of the association.
Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.03. Summoning Corporation or Association

(a)  When a complaint is filed or an indictment or information presented against a corporation or association, the court or clerk shall issue a summons to the corporation or association.  The summons shall be in the same form as a capias except that:
(1) it shall summon the corporation or association to appear before the court named at the place stated in the summons;  and
(2) it shall be accompanied by a certified copy of the complaint, indictment, or information;  and
(3) it shall provide that the corporation or association appear before the court named at or before 10 a.m. of the Monday next after the expiration of 20 days after it is served with summons, except when service is made upon the secretary of state or the Commissioner of Insurance, in which instance the summons shall provide that the corporation or association appear before the court named at or before 10 a.m. of the Monday next after the expiration of 30 days after the secretary of state or the Commissioner of Insurance is served with summons.
(b) No individual may be arrested upon a complaint, indictment, information, judgment, or sentence against a corporation or association.
Added by Acts 1973, 63rd Leg., p. 980, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 46, Sec. 10, eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.04. Service on Corporation

(a)  Except as provided in Paragraph (d) of this article, a peace officer shall serve a summons on a corporation by personally delivering a copy of it to the corporation's registered agent.  However, if a registered agent has not been designated, or cannot with reasonable diligence be found at the registered office, then the peace officer shall serve the summons by personally delivering a copy of it to the president or a vice-president of the corporation.
(b)  If the peace officer certifies on the return that he diligently but unsuccessfully attempted to effect service under Paragraph (a) of this article, or if the corporation is a foreign corporation that has no certificate of authority, then he shall serve the summons on the secretary of state by personally delivering a copy of it to him, or to the deputy secretary of state, or to any clerk in charge of the corporation department of his office.  On receipt of the summons copy, the secretary of state shall immediately forward it by certified or registered mail, return receipt requested, addressed to the defendant corporation at its registered or principal office in the state or country under whose law it was incorporated.
(c) The secretary of state shall keep a permanent record of the date and time of receipt and his disposition of each summons served under Paragraph (b) of this article together with the return receipt.
(d) The method of service on a corporation regulated under the Insurance Code is governed by that code.
Added by Acts 1973, 63rd Leg., p. 980, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
Amended by:
Acts 2005, 79th Leg., Ch. 41 (H.B. 297), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.05. Service on Association

(a)  Except as provided in Paragraph (b) of this article, a peace officer shall serve a summons on an association by personally delivering a copy of it:
(1) to a high managerial agent at any place where business of the association is regularly conducted;  or
(2) if the peace officer certifies on the return that he diligently but unsuccessfully attempted to serve a high managerial agent, to any employee of suitable age and discretion at any place where business of the association is regularly conducted;  or
(3) if the peace officer certifies on the return that he diligently but unsuccessfully attempted to serve a high managerial agent, or employee of suitable age and discretion, to any member of the association.
(b) The method of service on an association regulated under the Insurance Code is governed by that code.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.06. Appearance

(a)  In all criminal actions instituted against a corporation or association, in which original jurisdiction is in a district or county-level court:
(1) appearance is for the purpose of arraignment;
(2) the corporation or association has 10 full days after the day the arraignment takes place and before the day the trial begins to file written pleadings.
(b) In all criminal actions instituted against a corporation or association, in which original jurisdiction is in a justice court or corporation court:
(1) appearance is for the purpose of entering a plea;  and
(2) 10 full days must elapse after the day of appearance before the corporation or association may be tried.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.07. Presence of Corporation or Association

(a)  A defendant corporation or association appears through counsel.
(b) If a corporation or association does not appear in response to summons, or appears but fails or refuses to plead:
(1) it is deemed to be present in person for all purposes;  and
(2) the court shall enter a plea of not guilty in its behalf;  and
(3) the court may proceed with trial, judgment, and sentencing.
(c) If, having appeared and entered a plea in response to summons, a corporation or association is absent without good cause at any time during later proceedings:
(1) it is deemed to be present in person for all purposes;  and
(2) the court may proceed with trial, judgment, or sentencing.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.08. Probation

The benefits of the adult probation laws shall not be available to corporations and associations.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 17A - Corporations and Associations › Article 17A.09. Notifying Attorney General of Corporation's Conviction

If a corporation is convicted of an offense, or if a high managerial agent is convicted of an offense committed in the conduct of the affairs of the corporation, the court shall notify the attorney general in writing of the conviction when it becomes final and unappealable.  The notice shall include:
(1) the corporation's name, and the name of the corporation's registered agent and the address of the registered office, or the high managerial agent's name and address, or both;  and
(2) certified copies of the judgment and sentence and of the complaint, information, or indictment on which the judgment and sentence were based.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.011. Sealing of Affidavit

(a)  An attorney representing the state in the prosecution of felonies may request a district judge or the judge of an appellate court to seal an affidavit presented under Article 18.01(b).  The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:
(1)  public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2)  the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
(b)  An order sealing an affidavit under this section expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed.  After an original order sealing an affidavit is issued under this article, an attorney representing the state in the prosecution of felonies may request, and a judge may grant, before the 31st day after the date on which the search warrant for which the affidavit was presented is executed, on a new finding of compelling state interest, one 30-day extension of the original order.
(c)  On the expiration of an order issued under Subsection (b) and any extension, the affidavit must be unsealed.
(d)  An order issued under this section may not:
(1)  prohibit the disclosure of information relating to the contents of a search warrant, the return of a search warrant, or the inventory of property taken pursuant to a search warrant; or
(2)  affect the right of a defendant to discover the contents of an affidavit.
Added by Acts 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.02. Grounds for Issuance

(a)  A search warrant may be issued to search for and seize:
(1)  property acquired by theft or in any other manner which makes its acquisition a penal offense;
(2)  property specially designed, made, or adapted for or commonly used in the commission of an offense;
(3)  arms and munitions kept or prepared for the purposes of insurrection or riot;
(4)  weapons prohibited by the Penal Code;
(5)  gambling devices or equipment, altered gambling equipment, or gambling paraphernalia;
(6)  obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law;
(7)  a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;
(8)  any property the possession of which is prohibited by law;
(9)  implements or instruments used in the commission of a crime;
(10)  property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;
(11)  persons;
(12)  contraband subject to forfeiture under Chapter 59 of this code;
(13)  electronic customer data held in electronic storage, including the contents of and records and other information related to a wire communication or electronic communication held in electronic storage; or
(14)  a cellular telephone or other wireless communications device, subject to Article 18.0215.
(b)  For purposes of Subsection (a)(13):
(1)  "Electronic communication" and "wire communication" have the meanings assigned by Article 18A.001.
(2)  "Electronic customer data" and "electronic storage" have the meanings assigned by Article 18B.001.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 2, eff. May 25, 1977;  Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Sec. 5, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. Oct. 18, 1989;  Acts 2003, 78th Leg., ch. 1099, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.03, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.021. Issuance of Search Warrant to Photograph Injured Child

(a)  A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child as prohibited by Section 22.04, Penal Code; sexual assault of a child as prohibited by Section 22.011(a), Penal Code; aggravated sexual assault of a child as prohibited by Section 22.021, Penal Code; or continuous sexual abuse of young child or disabled individual as prohibited by Section 21.02, Penal Code.
(b) The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant.  The photographer is entitled to access to the child in the same manner as the officer executing the warrant.
(c)  In addition to the requirements of Subdivisions (1), (4), and (5) of Article 18.04 of this code, a warrant issued under this article shall identify, as near as may be, the child to be located and photographed, shall name or describe, as near as may be, the place or thing to be searched, and shall command any peace officer of the proper county to search for and cause the child to be photographed.
(d) After having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the magistrate.  The child may not be removed from the premises on which he or she is located except under Subchapters A and B, Chapter 262, Family Code.
(e) A search warrant under this section shall be executed by a peace officer of the same sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim.  The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs.
Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 1981.  Subsec. (a) amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 8, eff. Sept. 1, 1983;  Subsec. (d) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.01, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.11, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.10, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device

(a)  A peace officer may not search a person's cellular telephone or other wireless communications device, pursuant to a lawful arrest of the person without obtaining a warrant under this article.
(b)  A warrant under this article may be issued only by a judge, including a judge of a statutory county court, in the same judicial district as the site of:
(1)  the law enforcement agency that employs the peace officer, if the cellular telephone or other wireless communications device is in the officer's possession; or
(2)  the likely location of the telephone or device.
(c)  A judge may issue a warrant under this article only on the application of a peace officer.  An application must be written and signed and sworn to or affirmed before the judge.  The application must:
(1)  state the name, department, agency, and address of the applicant;
(2)  identify the cellular telephone or other wireless communications device to be searched;
(3)  state the name of the owner or possessor of the telephone or device to be searched;
(4)  state the judicial district in which:
(A)  the law enforcement agency that employs the peace officer is located, if the  telephone or device is in the officer's possession; or
(B)  the telephone or device is likely to be located; and
(5)  state the facts and circumstances that provide the applicant with probable cause to believe that:
(A)  criminal activity has been, is, or will be committed; and
(B)  searching the telephone or device is likely to produce evidence in the investigation of the criminal activity described in Paragraph (A).
(d)  Notwithstanding any other law, a peace officer may search a cellular telephone or other wireless communications device without a warrant if:
(1)  the owner or possessor of the telephone or device consents to the search;
(2)  the telephone or device is reported stolen by the owner or possessor; or
(3)  the officer reasonably believes that:
(A)  the telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense; or
(B)  there exists an immediate life-threatening situation, as defined by Article 18A.201.
(e)  A peace officer must apply for a warrant to search a cellular telephone or other wireless communications device as soon as practicable after a search is conducted under Subsection (d)(3)(A) or (B).  If the judge finds that the applicable situation under Subsection (d)(3)(A) or (B) did not occur and declines to issue the warrant, any evidence obtained is not admissible in a criminal action.
Added by Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.04, eff. January 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.003, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.03. Search Warrant May Order Arrest

If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.04. Contents of Warrant

A search warrant issued under this chapter, Chapter 18A, or Chapter 18B shall be sufficient if it contains the following requisites:
(1)  that it run in the name of "The State of Texas";
(2)  that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3)  that it command any peace officer of the proper county to search forthwith the person, place, or thing named;
(4)  that it be dated and signed by the magistrate; and
(5)  that the magistrate's name appear in clearly legible handwriting or in typewritten form with the magistrate's signature.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.05, eff. January 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.05. Warrants for Fire, Health, and Code Inspections

(a)  Except as provided by Subsection (e) of this article, a search warrant may be issued to a fire marshal, health officer, or code enforcement official of the state or of any county, city, or other political subdivision for the purpose of allowing the inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance.
(b) A search warrant may not be issued under this article except upon the presentation of evidence of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected.
(c) In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) the age and general condition of the premises;
(2) previous violations or hazards found present in the premises;
(3) the type of premises;
(4) the purposes for which the premises are used;  and
(5) the presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.
(d)  Each city or county may designate one or more code enforcement officials for the purpose of being issued a search warrant as authorized by Subsection (a) of this article.  A political subdivision other than a city or county may designate not more than one code enforcement official for the purpose of being issued a search warrant as authorized by Subsection (a) of this article only if the political subdivision routinely inspects premises to determine whether there is a fire or health hazard or unsafe building condition or a violation of fire, health, or building regulation, statute, or ordinance.
(e)  A search warrant may not be issued under this article to a code enforcement official of a county with a population of 3.3 million or more for the purpose of allowing the inspection of specified premises to determine the presence of an unsafe building condition or a violation of a building regulation, statute, or ordinance.
Added as art. 18.011 by Acts 1969, 61st Leg., p. 1623, ch. 502, Sec. 1, eff. Sept. 1, 1969.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 382, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 769 (H.B. 3558), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.06. Execution of Warrants

(a)  A peace officer to whom a search warrant is delivered shall execute the warrant without delay and shall return the warrant to the proper magistrate.
(b) On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present.  If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person.  Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken.  He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property.  If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Sec. (b) amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 2, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 2, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.06, eff. January 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen

(a)  A warrant issued by the judge of a district court under Article 18.02(a)(10) to collect a DNA specimen from a person for the purpose of connecting that person to an offense may be executed in any county in this state.
(b)  This article does not apply to a warrant issued by a justice of the peace, judge, or other magistrate other than a judge of a district court.
Added by Acts 2015, 84th Leg., R.S., Ch. 1063 (H.B. 2185), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.005, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense

Notwithstanding any other law, a warrant issued under Article 18.02(a)(10) to collect a blood specimen from a person suspected of committing an intoxication offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code, may be executed:
(1)  in any county adjacent to the county in which the warrant was issued; and
(2)  by any law enforcement officer authorized to make an arrest in the county of execution.
Added by Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.07. Days Allowed for Warrant to Run

(a)  Unless the magistrate directs in the warrant a shorter period for the execution of any search warrant issued under this chapter, Chapter 18A, or Chapter 18B, the period allowed for the execution of the warrant, exclusive of the day of its issuance and of the day of its execution, is:
(1)  15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples;
(2)  10 whole days if the warrant is issued under Article 18B.354 or Subchapter G-1, Chapter 18B; or
(3)  three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).
(b)  The magistrate issuing a search warrant under this chapter, Chapter 18A, or Chapter 18B shall endorse on the search warrant the date and hour of its issuance.
(c)  If a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized before the expiration of the time allowed.  Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection (a).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 761 (S.B. 743), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 772 (H.B. 1891), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 3, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.07, eff. January 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.08. Power of Officer Executing Warrant

In the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.09. Shall Seize Accused and Property

When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate.  He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.  For purposes of this chapter, "seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes the collection of property or the act of taking possession of property.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2005, 79th Leg., Ch. 1026 (H.B. 1048), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia

For purposes of this chapter, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:
(1)  seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;
(2)  carry the circuit board before the magistrate; and
(3)  retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 898 (H.B. 358), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.10. How Return Made

(a)  Not later than three whole days after executing a search warrant, the officer shall return the search warrant.  Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed.  The officer shall also deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant.  The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property taken into the officer's possession under the warrant does not bar the admission of evidence under Article 38.23.  The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property.  Except as otherwise provided by Subsection (b), the property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued; provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis.
(b)  For the purposes of complying with this article, property seized pursuant to a warrant executed under Article 18.067 may be removed from the county in which it was seized and returned to the county in which the warrant was issued without a court order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 3, eff. Sept. 1, 1981.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 2, eff. May 26, 2017.
Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.11. Custody of Property Found

Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article 18.10 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 4, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.12. Magistrate Shall Investigate

The magistrate, upon the return of a search warrant, shall proceed to try the questions arising upon the same, and shall take testimony as in other examinations before him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.13. Shall Discharge Defendant

If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and order restitution of the property taken from him, except for criminal instruments.  In such case, the criminal instruments shall be kept by the sheriff subject to the order of the proper court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.14. Examining Trial

The magistrate shall proceed to deal with the accused as in other cases before an examining court if he is satisfied there was good ground for issuing the warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.15. Certify Record to Proper Court

The magistrate shall keep a record of all the proceedings had before him in cases of search warrants, and shall certify the same and deliver them to the clerk of the court having jurisdiction of the case, before the next term of said court, and accompany the same with all the original papers relating thereto, including the certified schedule of the property seized.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.16. Preventing Consequences of Theft

Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose.  To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 2001, 77th Leg., ch. 109, Sec. 2, eff. Sept. 1, 2001.