reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31 - Change of Venue › Article 31.08. Return to County of Original Venue › Section 1.

Sec. 1.  (a)  On the completion of a trial in which a change of venue has been ordered and after the jury has been discharged, the court, with the consent of counsel for the state and the defendant, may return the cause to the original county in which the indictment or information was filed.  Except as provided by Subsection (b) of this section, all subsequent and ancillary proceedings, including the pronouncement of sentence after appeals have been exhausted, must be heard in the county in which the indictment or information was filed.
(b) A motion for new trial alleging jury misconduct must be heard in the county in which the cause was tried.  The county in which the indictment or information was filed must pay the costs of the prosecution of the motion for new trial.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31 - Change of Venue › Article 31.08. Return to County of Original Venue › Section 2.

Sec. 2.  (a)  Except as provided by Subsection (b), on an order returning venue to the original county in which the indictment or information was filed, the clerk of the county in which the cause was tried shall:
(1) make a certified copy of the court's order directing the return to the original county;
(2) make a certified copy of the defendant's bail bond, personal bond, or appeal bond;
(3) gather all the original papers in the cause and certify under official seal that the papers are all the original papers on file in the court;  and
(4) transmit the items listed in this section to the clerk of the court of original venue.
(b) This article does not apply to a proceeding in which the clerk of the court of original venue was present and performed the duties as clerk for the court under Article 31.09.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31 - Change of Venue › Article 31.08. Return to County of Original Venue › Section 3.

Sec. 3.  Except for the review of a death sentence under Section 2(h), Article 37.071, or under Section 2(h), Article 37.072, an appeal taken in a cause returned to the original county under this article must be docketed in the appellate district in which the county of original venue is located.
Added by Acts 1989, 71st Leg., ch. 824, Sec. 1, eff. Sept. 1, 1989.  Sec. 2 amended by Acts 1995, 74th Leg., ch. 651, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.13, eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31 - Change of Venue › Article 31.09. Change of Venue; Use of Existing Services

(a)  If a change of venue in a criminal case is ordered under this chapter, the judge ordering the change of venue may, with the written consent of the prosecuting attorney, the defense attorney, and the defendant, maintain the original case number on its own docket, preside over the case, and use the services of the court reporter, the court coordinator, and the clerk of the court of original venue.  The court shall use the courtroom facilities and any other services or facilities of the district or county to which venue is changed.  A jury, if required, must consist of residents of the district or county to which venue is changed.
(b) Notwithstanding Article 31.05, the clerk of the court of original venue shall:
(1) maintain the original papers of the case, including the defendant's bail bond or personal bond;
(2) make the papers available for trial;  and
(3) act as the clerk in the case.
Added by Acts 1995, 74th Leg., ch. 651, Sec. 2, eff. Sept. 1, 1995.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter A. Authority to Change Venue › Article 31A.001. Change of Venue on Judge's Own Motion

(a)  In a felony or misdemeanor case punishable by confinement, if the judge is satisfied that a fair and impartial trial cannot be held for any reason in the county in which the case is pending, the judge may on the judge's own motion, after providing reasonable notice to the defendant and the state and hearing evidence on the motion, order a change of venue to:
(1)  any county in the same judicial district as the county in which the case is pending or in an adjoining judicial district; or
(2)  any county not described by Subdivision (1), after 10 days' notice is provided.
(b)  An order changing venue under Subsection (a) must state the grounds for the change of venue.
(c)  An order changing venue under Subsection (a)(2) is grounds for reversal if, on timely contest by the defendant, the record of the contest affirmatively shows that any county described by Subsection (a)(1) is not subject to the same conditions that required the change of venue.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter A. Authority to Change Venue › Article 31A.002. Court Required to Change Venue in Certain Sexual Assault Cases

In a sexual assault case, a district court shall order a change of venue when necessary to secure a speedy trial.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter A. Authority to Change Venue › Article 31A.003. Change of Venue on State's Motion

(a)  In a felony or misdemeanor case punishable by confinement, the attorney representing the state may file a written motion requesting a change of venue on the basis that:
(1)  a fair and impartial trial cannot be safely and speedily held because of:
(A)  existing combinations or influences in favor of the defendant; or
(B)  the lawless condition of affairs in the county; or
(2)  the life of the prisoner or of any witness would be jeopardized by a trial in the county in which the case is pending.
(b)  On receipt of a motion filed under Subsection (a), the judge shall:
(1)  hear evidence on the motion; and
(2)  if the judge is satisfied that the motion is sufficiently supported and that justice will be served by granting the motion, order a change of venue to any county in the judicial district in which the case is pending or in an adjoining judicial district.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter A. Authority to Change Venue › Article 31A.004. Change of Venue on Defendant's Motion

(a)  In a felony or misdemeanor case punishable by confinement, the court may grant a change of venue on the written motion of the defendant, supported by the defendant's affidavit and the affidavit of at least two credible persons who are residents of the county in which the prosecution is commenced, if the court determines that the defendant cannot obtain a fair and impartial trial in the county in which the prosecution is commenced as a result of:
(1)  a prejudice against the defendant in the county; or
(2)  a dangerous combination against the defendant in the county instigated by influential persons.
(b)  An order changing venue under Subsection (a) to a county other than a county in the same judicial district as the county in which the case is pending or in an adjoining judicial district is grounds for reversal, if on timely contest by the defendant, the record of the contest affirmatively shows that any county in the judicial district in which the case is pending or in the adjoining judicial district is not subject to the same conditions that required the change of venue.
(c)  On the defendant's motion and with the consent of the attorney representing the state, the court may transfer the case to another judicial district:
(1)  for the convenience of the parties and witnesses and in the interest of justice; or
(2)  if the defendant stipulates that the defendant will enter a plea of guilty.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter A. Authority to Change Venue › Article 31A.005. Contesting Motion to Change Venue; Hearing

(a)  The credibility or the means of knowledge of a person making an affidavit for change of venue may be attacked by the affidavit of a credible person.
(b)  If an affidavit is filed to contest an affidavit for change of venue as provided by Subsection (a), the judge shall hold a hearing on the issue and grant or refuse the motion based on the law and facts in the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter B. On Change of Venue › Article 31A.051. Clerk's Duties on Change of Venue

If a court orders a change of venue in a criminal case, the clerk of the court in which the prosecution is pending shall prepare and transmit to the clerk of the court to which the venue is changed:
(1)  a certified copy of the court's order directing the change of venue;
(2)  a certified copy of the defendant's bail bond or personal bond, if any;
(3)  the original papers in the case; and
(4)  a certificate of the transmitting clerk under that clerk's official seal that the papers described by Subdivision (3) are all the papers on file in the case in the court in which the prosecution is pending.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter B. On Change of Venue › Article 31A.052. Use of Services of Original Venue

(a)  A judge ordering a change of venue under this chapter may, with the written consent of the defendant, the defendant's attorney, and the attorney representing the state:
(1)  maintain the original case number on the court's docket;
(2)  preside over the case; and
(3)  use the services of the court reporter, the court coordinator, and the clerk of the court of original venue.
(b)  If a judge takes the actions described by Subsection (a):
(1)  the court shall use the courtroom facilities and any other services or facilities of the judicial district or county to which venue is changed;
(2)  the jury, if required, must consist of residents of the judicial district or county to which venue is changed; and
(3)  notwithstanding Article 31A.051, the clerk of the court of original venue shall:
(A)  maintain the original papers of the case, including the defendant's bail bond or personal bond, if any;
(B)  make the papers described by Paragraph (A) available for trial; and
(C)  act as the clerk in the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter B. On Change of Venue › Article 31A.053. Removal of Defendant in Custody

If the defendant is in custody when venue is changed in a criminal case:
(1)  an order shall be entered for:
(A)  the defendant's removal to the county to which the venue is changed; and
(B)  the defendant's delivery to the sheriff of the county to which the venue is changed before the next succeeding term of the court of that county; and
(2)  the sheriff with custody of the defendant shall deliver the defendant as directed in the order described by Subdivision (1).
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter B. On Change of Venue › Article 31A.054. No Effect on Subpoena, Attachment, or Bail of Witnesses

When venue is changed in a criminal case, any witness who has been subpoenaed, attached, or bailed to appear and testify in the case:
(1)  is not required to be again subpoenaed, attached, or bailed; and
(2)  shall appear before the court to which venue has been changed as if there had been no change of venue.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter C. Returning Venue After Trial › Article 31A.151. Return to County in Which Indictment or Information Filed; Subsequent Proceedings

(a)  On the completion of a trial in which a change of venue has been ordered and, if applicable, after the jury has been discharged, the court, with the consent of counsel for the state and the defendant, may return the case to the county in which the indictment or information was filed.  Except as provided by Subsection (b), all subsequent and ancillary proceedings, including the pronouncement of sentence after appeals have been exhausted, must be heard in the county in which the indictment or information was filed.
(b)  A motion for new trial alleging jury misconduct must be heard in the county in which the case was tried.  The county in which the indictment or information was filed must pay the costs of the prosecution of the motion.
(c)  Except for the review of a death sentence under Section 2(h), Article 37.071, or under Section 2(h), Article 37.072, an appeal taken in a case returned under this article to the county in which the indictment or information was filed must be docketed in the appellate district in which that county is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 31A - Change of Venue › Subchapter C. Returning Venue After Trial › Article 31A.152. Clerk's Duties on Return to County in Which Indictment or Information Filed

(a)  Except as provided by Subsection (b), on an order returning a case to the county in which the indictment or information was filed as provided by Article 31A.151, the clerk of the county in which the case was tried shall:
(1)  make a certified copy of:
(A)  the court's order directing the return; and
(B)  the defendant's bail bond, personal bond, or appeal bond, if any;
(2)  gather the original papers in the case and certify under official seal that the papers are all the original papers on file in the court in which the case was tried; and
(3)  transmit the items described by Subdivisions (1) and (2) to the clerk of the court in which the indictment or information was filed.
(b)  This article does not apply to a proceeding in which the clerk of the court in which the indictment or information was filed was present and performed the duties as clerk for the court under Article 31A.052.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 32 - Dismissing Prosecutions › Article 32.01. Defendant in Custody and No Indictment Presented

(a)  When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against the defendant on or before the last day of the next term of the court which is held after the defendant's commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.
(b)  A surety may file a motion under Subsection (a) for the purpose of discharging the defendant's bail only.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 2, eff. May 26, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 6, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 152 (H.B. 643), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 32 - Dismissing Prosecutions › Article 32.02. Dismissal by State's Attorney

The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal.  No case shall be dismissed without the consent of the presiding judge.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 32A - Speedy Trial › Article 32A.01. Trial Priorities

(a)  Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases, and the trial of a criminal action against a defendant who is detained in jail pending trial of the action shall be given preference over trials of other criminal actions not described by Subsection (b) or (c).
(b)  Unless extraordinary circumstances require otherwise, the trial of a criminal action in which the alleged victim is younger than 14 years of age shall be given preference over other matters before the court, whether civil or criminal.
(c)  Except as provided by Subsection (b), the trial of a criminal action against a defendant who has been determined to be restored to competency under Article 46B.084 shall be given preference over other matters before the court, whether civil or criminal.
Acts 1977, 65th Leg., p. 1970, ch. 787, Sec. 1, eff. July 1, 1978.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.01. Jury Size

(a)  Except as provided by Subsection (b), in the district court, the jury shall consist of twelve qualified jurors.  In the county court and inferior courts, the jury shall consist of six qualified jurors.
(b) In a trial involving a misdemeanor offense, a district court jury shall consist of six qualified jurors.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 2003, 78th Leg., ch. 466, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.011. Alternate Jurors

(a)  In district courts, the judge may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.  In county courts, the judge may direct that not more than two jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.
(b)  Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury renders a verdict on the guilt or innocence of the defendant and, if applicable, the amount of punishment, become or are found to be unable or disqualified to perform their duties or are found by the court on agreement of the parties to have good cause for not performing their duties.  Alternate jurors shall be drawn and selected in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, security, and privileges as regular jurors.  An alternate juror who does not replace a regular juror shall be discharged after the jury has rendered a verdict on the guilt or innocence of the defendant and, if applicable, the amount of punishment.
Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 2, eff. Aug. 29, 1983.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 846 (H.B. 1086), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.02. Failure to Register

Failure to register to vote shall not disqualify any person from jury service.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 6, eff. Aug. 31, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.03. Presence of Defendant

In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor when the punishment or any part thereof is imprisonment in jail;  provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the indictment or information, or after the jury has been selected when trial is before a jury, the trial may proceed to its conclusion.  When the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial.  Provided, however, that the presence of the defendant shall not be required at the hearing on the motion for new trial in any misdemeanor case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 1832, ch. 745, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.04. May Appear by Counsel

In other misdemeanor cases, the defendant may, by consent of the State's attorney, appear by counsel, and the trial may proceed without his personal presence.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.05. On Bail During Trial

If the defendant is on bail when the trial commences, such bail shall be considered as discharged if he is acquitted.  If a verdict of guilty is returned against him, the discharge of his bail shall be governed by other provisions of this Code.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.06. Sureties Bound in Case of Mistrial

If there be a mistrial in a felony case, the original sureties, if any, of the defendant shall be still held bound for his appearance until they surrender him in accordance with the provisions of this Code.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.07. Record of Criminal Actions

Each clerk of a court of record having criminal jurisdiction shall keep a record in which shall be set down the style and file number of each criminal action, the nature of the offense, the names of counsel, the proceedings had therein, and the date of each proceeding.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 628 (H.B. 587), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.08. To Fix Day for Criminal Docket

The district courts and county courts shall have control of their respective dockets as to the settings of criminal cases.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 33 - The Mode of Trial › Article 33.09. Jury Drawn

Jury panels, including special venires, for the trial of criminal cases shall be selected and summoned (with return on summons) in the same manner as the selection of panels for the trial of civil cases except as otherwise provided in this Code.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 34 - Special Venire in Capital Cases › Article 34.01. Special Venire

A "special venire" is a writ issued in a capital case by order of the district court, commanding the sheriff to summon either verbally or by mail such a number of persons, not less than 50, as the court may order, to appear before the court on a day named in the writ from whom the jury for the trial of such case is to be selected.  Where as many as one hundred jurors have been summoned in such county for regular service for the week in which such capital case is set for trial, the judge of the court having jurisdiction of a capital case in which a motion for a special venire has been made, shall grant or refuse such motion for a special venire, and upon such refusal require the case to be tried by regular jurors summoned for service in such county for the week in which such capital case is set for trial and such additional talesmen as may be summoned by the sheriff upon order of the court as provided in Article 34.02 of this Code, but the clerk of such court shall furnish the defendant or his counsel a list of the persons summoned as provided in Article 34.04.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 34 - Special Venire in Capital Cases › Article 34.02. Additional Names Drawn

In any criminal case in which the court deems that the veniremen theretofore drawn will be insufficient for the trial of the case, or in any criminal case in which the venire has been exhausted by challenge or otherwise, the court shall order additional veniremen in such numbers as the court may deem advisable, to be summoned as follows:
(a) In a jury wheel county, the names of those to be summoned shall be drawn from the jury wheel.
(b) In counties not using the jury wheel, the veniremen shall be summoned by the sheriff.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 34 - Special Venire in Capital Cases › Article 34.03. Instructions to Sheriff

When the sheriff is ordered by the court to summon persons upon a special venire whose names have not been selected under the Jury Wheel Law, the court shall, in every case, caution and direct the sheriff to summon such persons as have legal qualifications to serve on juries, informing him of what those qualifications are, and shall direct him, as far as he may be able to summon persons of good character who can read and write, and such as are not prejudiced against the defendant or biased in his favor, if he knows of such bias or prejudice.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 34 - Special Venire in Capital Cases › Article 34.04. Notice of List

No defendant in a capital case in which the state seeks the death penalty shall be brought to trial until he shall have had at least two days (including holidays) a copy of the names of the persons summoned as veniremen, for the week for which his case is set for trial except where he waives the right or is on bail.  When such defendant is on bail, the clerk of the court in which the case is pending shall furnish such a list to the defendant or his counsel at least two days prior to the trial (including holidays) upon timely motion by the defendant or his counsel therefor at the office of such clerk, and the defendant shall not be brought to trial until such list has been furnished defendant or his counsel for at least two days (including holidays). Where the venire is exhausted, by challenges or otherwise, and additional names are drawn, the defendant shall not be entitled to two days service of the names additionally drawn, but the clerk shall compile a list of such names promptly after they are drawn and if the defendant is not on bail, the sheriff shall serve a copy of such list promptly upon the defendant, and if on bail, the clerk shall furnish a copy of such list to the defendant or his counsel upon request, but the proceedings shall not be delayed thereby.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 34 - Special Venire in Capital Cases › Article 34.05. Mechanical or Electronic Selection Method

A mechanical or electronic method of jury selection as provided by Chapter 62, Government Code, may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.01. Jurors Called

When a case is called for trial and the parties have announced ready for trial, the names of those summoned as jurors in the case shall be called.  Those not present may be fined not less than $100 nor more than $500.  An attachment may issue on request of either party for any absent summoned juror, to have him brought forthwith before the court.  A person who is summoned but not present, may upon an appearance, before the jury is qualified, be tried as to his qualifications and impaneled as a juror unless challenged, but no cause shall be unreasonably delayed on account of his absence.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 640 (H.B. 1665), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.02. Sworn to Answer Questions

To those present the court shall cause to be administered this oath:  "You, and each of you, solemnly swear that you will make true answers to such questions as may be propounded to you by the court, or under its directions, touching your service and qualifications as a juror, so help you God."
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.03. Excuses › Section 1.

Sec. 1.  Except as provided by Sections 2 and 3 of this article, the court shall then hear and determine excuses offered for not serving as a juror, including any claim of an exemption or a lack of qualification, and if the court considers the excuse sufficient, the court shall discharge the prospective juror or postpone the prospective juror's service to a date specified by the court, as appropriate.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.03. Excuses › Section 2.

Sec. 2.  Under a plan approved by the commissioners court of the county in the same manner as a plan is approved for jury selection under Section 62.011, Government Code, in a case other than a capital felony case, the court's designee may hear and determine an excuse offered for not serving as a juror, including any claim of an exemption or a lack of qualification.  The court's designee may discharge the prospective juror or postpone the prospective juror's service to a date specified by the court's designee, as appropriate, if:
(1)  the court's designee considers the excuse sufficient;  and
(2)  the juror submits to the court's designee a statement of the ground of the exemption or lack of qualification or other excuse.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.03. Excuses › Section 3.

Sec. 3. A court or a court's designee may discharge a juror or postpone the juror's service on the basis of the juror's observation of a religious holy day or religious beliefs only if the juror provides an affidavit as required by Article 29.012(c) of this code.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1987, 70th Leg., ch. 589, Sec. 2, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 2, eff. Oct. 20, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 905 (H.B. 75), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.04. Claiming Exemption

Any person summoned as a juror who is exempt by law from jury service may establish his exemption without appearing in person by filing a signed statement of the ground of his exemption with the clerk of the court at any time before the date upon which he is summoned to appear.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1971, 62nd Leg., p. 1560, ch. 421, Sec. 3, eff. May 26, 1971.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.05. Excused by Consent

One summoned upon a special venire may by consent of both parties be excused from attendance by the court at any time before he is impaneled.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.06. Challenge to Array First Heard

The court shall hear and determine a challenge to the array before interrogating those summoned as to their qualifications.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.07. Challenge to the Array

Each party may challenge the array only on the ground that the officer summoning the jury has wilfully summoned jurors with a view to securing a conviction or an acquittal.  All such challenges must be in writing setting forth distinctly the grounds of such challenge.  When made by the defendant, it must be supported by his affidavit or the affidavit of any credible person.  When such challenge is made, the judge shall hear evidence and decide without delay whether or not the challenge shall be sustained.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.08. When Challenge Is Sustained

The array of jurors summoned shall be discharged if the challenge be sustained, and the court shall order other jurors to be summoned in their stead, and direct that the officer who summoned those so discharged, and on account of whose misconduct the challenge has been sustained shall not summon any other jurors in the case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.09. List of New Venire

When a challenge to the array has been sustained, the defendant shall be entitled, as in the first instance, to service of a copy of the list of names of those summoned by order of the court.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.10. Court to Try Qualifications

When no challenge to the array has been made, or if made, has been over-ruled, the court shall proceed to try the qualifications of those present who have been summoned to serve as jurors.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.11. Preparation of List

The trial judge, on the demand of the defendant or his attorney, or of the State's counsel, shall cause a sufficient number of jurors from which a jury may be selected to try the case to be randomly selected from the members of the general panel drawn or assigned as jurors in the case.  The clerk shall randomly select the jurors by a computer or other process of random selection and shall write or print the names, in the order selected, on the jury list from which the jury is to be selected to try the case.  The clerk shall deliver a copy of the list to the State's counsel and to the defendant or his attorney.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 337, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.12. Mode of Testing

(a)  In testing the qualification of a prospective juror after the juror has been sworn, the juror shall be asked by the court, or under its direction:
1.  Except for failure to register, are you a qualified voter in this county and state under the Constitution and laws of this state?
2.  Have you ever been convicted of theft or any felony?
3.  Are you under indictment or legal accusation for theft or any felony?
(b)  In testing the qualifications of a prospective juror, with respect to whether the juror has been the subject of an order of nondisclosure or has a criminal history that includes information subject to that order, the juror may state only that the matter in question has been sealed.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 2, eff. Sept. 1, 1969;  Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 7, eff. Aug. 31, 1981.
Amended by:
Acts 2005, 79th Leg., Ch. 1309 (H.B. 3093), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.13. Passing Juror for Challenge

A juror in a capital case in which the state has made it known it will seek the death penalty, held to be qualified, shall be passed for acceptance or challenge first to the state and then to the defendant.  Challenges to jurors are either peremptory or for cause.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1739, ch. 659, Sec. 20, eff. Aug. 28, 1967.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.14. A Peremptory Challenge

A peremptory challenge is made to a juror without assigning any reason therefor.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.15. Number of Challenges

(a)  In capital cases in which the State seeks the death penalty both the State and defendant shall be entitled to fifteen peremptory challenges.  Where two or more defendants are tried together, the State shall be entitled to eight peremptory challenges for each defendant;  and each defendant shall be entitled to eight peremptory challenges.
(b) In non-capital felony cases and in capital cases in which the State does not seek the death penalty, the State and defendant shall each be entitled to ten peremptory challenges.  If two or more defendants are tried together each defendant shall be entitled to six peremptory challenges and the State to six for each defendant.
(c) The State and the defendant shall each be entitled to five peremptory challenges in a misdemeanor tried in the district court and to three in the county court, or county court at law.  If two or more defendants are tried together, each defendant shall be entitled to three such challenges and the State to three for each defendant in either court.
(d) The State and the defendant shall each be entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled and two peremptory challenges if three or four alternate jurors are to be impaneled.  The additional peremptory challenges provided by this subsection may be used against an alternate juror only, and the other peremptory challenges allowed by law may not be used against an alternate juror.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 4, eff. June 14, 1973;  Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 3, eff. Aug. 29, 1983.
Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.17. Voir Dire Examination

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1. When the court in its discretion so directs, except as provided in Section 2, the state and defendant shall conduct the voir dire examination of prospective jurors in the presence of the entire panel.
2. In a capital felony case in which the State seeks the death penalty, the court shall propound to the entire panel of prospective jurors questions concerning the principles, as applicable to the case on trial, of reasonable doubt, burden of proof, return of indictment by grand jury, presumption of innocence, and opinion.  Then, on demand of the State or defendant, either is entitled to examine each juror on voir dire individually and apart from the entire panel, and may further question the juror on the principles propounded by the court.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
Subsec. 2 amended by Acts 1991, 72nd Leg., ch. 652, Sec. 6, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.18. Other Evidence on Challenge

Upon a challenge for cause, the examination is not confined to the answers of the juror, but other evidence may be heard for or against the challenge.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.19. Absolute Disqualification

No juror shall be impaneled when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16, though both parties may consent.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 4, eff. Sept. 1, 1969.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.20. Names Called in Order

In selecting the jury from the persons summoned, the names of such persons shall be called in the order in which they appear upon the list furnished the defendant.  Each juror shall be tried and passed upon separately.  A person who has been summoned, but who is not present, may, upon his appearance before the jury is completed, be tried as to his qualifications and impaneled as a juror, unless challenged, but no cause shall be unreasonably delayed on account of such absence.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.21. Judge to Decide Qualifications

The court is the judge, after proper examination, of the qualifications of a juror, and shall decide all challenges without delay and without argument thereupon.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.22. Oath to Jury

When the jury has been selected, the following oath shall be administered them by the court or under its direction:  "You and each of you do solemnly swear that in the case of the State of Texas against the defendant, you will a true verdict render according to the law and the evidence, so help you God".
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.23. Jurors May Separate

The court may adjourn veniremen to any day of the term.  When jurors have been sworn in a felony case, the court may, at its discretion, permit the jurors to separate until the court has given its charge to the jury.  The court on its own motion may and on the motion of either party shall, after having given its charge to the jury, order that the jury not be allowed to separate, after which the jury shall be kept together, and not permitted to separate except to the extent of housing female jurors separate and apart from male jurors, until a verdict has been rendered or the jury finally discharged.  Any person who makes known to the jury which party made the motion not to allow separation of the jury shall be punished for contempt of court.  If such jurors are kept overnight, facilities shall be provided for female jurors separate and apart from the facilities provided for male jurors.  In misdemeanor cases the court may, at its discretion, permit the jurors to separate at any time before the verdict.  In any case in which the jury is permitted to separate, the court shall first give the jurors proper instructions with regard to their conduct as jurors when so separated.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1989, 71st Leg., ch. 825, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 35 - Formation of the Jury › Article 35.25. Making Peremptory Challenge

In non-capital cases and in capital cases in which the State's attorney has announced that he will not qualify the jury for, or seek the death penalty, the party desiring to challenge any juror peremptorily shall strike the name of such juror from the list furnished him by the clerk.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.