reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.252. Disqualification or Unavailability of Grand Juror

(a)  On learning that a grand juror has become disqualified or unavailable during the term of the grand jury, the attorney representing the state shall prepare an order for the court:
(1)  identifying the disqualified or unavailable grand juror;
(2)  stating the basis for the disqualification or unavailability;
(3)  dismissing the disqualified or unavailable grand juror from the grand jury; and
(4)  naming one of the alternate grand jurors as a member of the grand jury.
(b)  The procedure established by this article may be used on disqualification or unavailability of a second or subsequent grand juror during the term of the grand jury.
(c)  For purposes of this article, a grand juror is unavailable if the grand juror is unable to participate fully in the duties of the grand jury because of:
(1)  the death of the grand juror;
(2)  a physical or mental illness of the grand juror; or
(3)  any other reason the court determines constitutes good cause for dismissing the grand juror.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.253. Recusal of Grand Juror

(a)  A grand juror who, during the course of the grand juror's service on the grand jury, determines that the grand juror could be subject to a valid challenge for cause under Article 19A.153, shall recuse himself or herself from grand jury service until the cause no longer exists.
(b)  A grand juror who knowingly fails to recuse himself or herself under Subsection (a) may be held in contempt of court.
(c)  A person authorized to be present in the grand jury room shall report a known violation of Subsection (a) to the court.
(d)  The court shall instruct the grand jury regarding the duty imposed by this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.254. Reassembly of Grand Jury

A grand jury discharged by the court for the term may be reassembled by the court at any time during the term.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.255. Extension of Term

(a)  If, before the expiration of the term for which the grand jury was impaneled, the foreperson or a majority of the grand jurors declares in open court that the grand jury's investigation of the matters before the grand jury cannot be concluded before the expiration of the term, the judge of the district court in which the grand jury was impaneled may, by an order entered on the minutes of the court, extend, from time to time, the period during which the grand jury serves, for the purpose of concluding the investigation of matters then before the grand jury.
(b)  The extended period during which the grand jury serves under Subsection (a) may not exceed a total of 90 days after the expiration date of the term for which the grand jury was impaneled.
(c)  All indictments pertaining to the investigation for which the extension was granted returned by the grand jury during the extended period are as valid as if returned before the expiration of the term.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter F. Organization and Term of Grand Jury › Article 19A.256. Referral to Grand Jury in Sexual Assault Cases

(a)  If a district judge becomes aware that sexual assault within the jurisdiction of the court has probably been committed, the judge shall direct the grand jury to investigate the accusation:
(1)  immediately, if the court is in session; or
(2)  at the next term of a district court in any county of the district, if the court is not in session.
(b)  If the court is in session but the grand jury has been discharged, the district judge shall immediately recall the grand jury to investigate the accusation.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.002, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter G. Bailiffs › Article 19A.301. Bailiffs Appointed; Compensation

(a)  The court and the district attorney may each appoint one or more bailiffs to attend to the grand jury.
(b)  The court, or a person under the direction of the court, shall administer the following oath to each bailiff at the time of appointment:  "You solemnly swear that you will faithfully and impartially perform all the duties of bailiff of the grand jury, and that you will keep secret the proceedings of the grand jury, so help you God."
(c)  Bailiffs appointed under this article shall be compensated in an amount set by the applicable county commissioners court.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter G. Bailiffs › Article 19A.302. Bailiff's Duties

(a)  A bailiff shall:
(1)  obey the instructions of the foreperson;
(2)  summon all witnesses; and
(3)  perform all duties the foreperson requires of the bailiff.
(b)  One bailiff shall always be with the grand jury if two or more bailiffs are appointed.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 19A - Grand Jury Organization › Subchapter G. Bailiffs › Article 19A.303. Bailiff's Violation of Duty

(a)  A bailiff may not:
(1)  take part in the discussions or deliberations of the grand jury; or
(2)  be present when the grand jury is discussing or voting on a question.
(b)  The grand jury shall report to the court any violation of duty by a bailiff.  The court may punish the bailiff for the violation as for contempt.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.03, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter A. General Provisions › Article 20A.001. Definitions

In this chapter:
(1)  "Attorney representing the state" means the attorney general, district attorney, criminal district attorney, or county attorney.
(2)  "Foreperson" means the foreperson of the grand jury appointed under Article 19A.203.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter B. Duties of Grand Jury and Grand Jurors › Article 20A.051. Duties of Grand Jury

The grand jury shall inquire into all offenses subject to indictment of which any grand juror may have knowledge or of which the grand jury is informed by the attorney representing the state or by any other credible person.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter B. Duties of Grand Jury and Grand Jurors › Article 20A.052. Duties and Powers of Foreperson

(a)  The foreperson shall:
(1)  preside over the grand jury's sessions; and
(2)  conduct the grand jury's business and proceedings in an orderly manner.
(b)  The foreperson may appoint one or more of the grand jurors to act as clerks for the grand jury.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter B. Duties of Grand Jury and Grand Jurors › Article 20A.053. Meeting and Adjournment

The grand jury shall meet and adjourn at times agreed on by a majority of the grand jury, except that the grand jury may not adjourn for more than three consecutive days unless the court consents to the adjournment.  With the court's consent, the grand jury may adjourn for a longer period and shall conform the grand jury's adjournments as closely as possible to the court's adjournments.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter C. Grand Jury Room; Persons Authorized to Be Present › Article 20A.101. Grand Jury Room

After the grand jury is organized, the grand jury shall discharge the grand jury's duties in a suitable place that the sheriff shall prepare for the grand jury's sessions.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter C. Grand Jury Room; Persons Authorized to Be Present › Article 20A.102. Persons Who May Be Present in Grand Jury Room

(a)  While the grand jury is conducting proceedings, only the following persons may be present in the grand jury room:
(1)  a grand juror;
(2)  a bailiff;
(3)  the attorney representing the state;
(4)  a witness:
(A)  while the witness is being examined; or
(B)  when the witness's presence is necessary to assist the attorney representing the state in examining another witness or presenting evidence to the grand jury;
(5)  an interpreter, if necessary;
(6)  a stenographer or a person operating an electronic recording device, as provided by Article 20A.201; and
(7)  a person operating a video teleconferencing system for use under Article 20A.259.
(b)  While the grand jury is deliberating, only a grand juror may be present in the grand jury room.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter C. Grand Jury Room; Persons Authorized to Be Present › Article 20A.103. Attorney Representing State Entitled to Appear

The attorney representing the state is entitled to appear before the grand jury and inform the grand jury of offenses subject to indictment at any time except when the grand jury is discussing the propriety of finding an indictment or is voting on an indictment.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter C. Grand Jury Room; Persons Authorized to Be Present › Article 20A.104. Persons Who May Address Grand Jury

No person may address the grand jury about a matter before the grand jury other than the attorney representing the state, a witness, or the accused or suspected person or the attorney for the accused or suspected person if approved by the attorney representing the state.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter D. Advice to Grand Jury › Article 20A.151. Advice From Attorney Representing State

The grand jury may send for the attorney representing the state and ask the attorney's advice on any matter of law or on any question regarding the discharge of the grand jury's duties.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter D. Advice to Grand Jury › Article 20A.152. Advice From Court

(a)  The grand jury may seek and receive advice from the court regarding any matter before the grand jury.  For that purpose, the grand jury shall go into court in a body.
(b)  The grand jury shall ensure that the manner in which the grand jury's questions are asked does not divulge the particular accusation pending before the grand jury.
(c)  The grand jury may submit questions to the court in writing. The court may respond to those questions in writing.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter E. Recording and Disclosure of Grand Jury Proceedings › Article 20A.201. Recording of Accused or Suspected Person's Testimony; Retention of Records

(a)  The examination of an accused or suspected person before the grand jury and that person's testimony shall be recorded by a stenographer or by use of an electronic device capable of recording sound.
(b)  The validity of a grand jury proceeding is not affected by an unintentional failure to record all or part of the examination or testimony under Subsection (a).
(c)  The attorney representing the state shall maintain possession of all records other than stenographer's notes made under Subsection (a) and any typewritten transcription of those records, except as otherwise provided by this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter E. Recording and Disclosure of Grand Jury Proceedings › Article 20A.202. Proceedings Secret

(a)  Grand jury proceedings are secret.
(b)  A subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the grand jury.  This subsection may not be construed to limit a disclosure permitted by Article 20A.204(b), (c), or (d) or 20A.205(a) or (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter E. Recording and Disclosure of Grand Jury Proceedings › Article 20A.203. Disclosure by Person in Proceeding Prohibited

(a)  A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, person preparing a typewritten transcription of a stenographic or electronic recording, or person operating a video teleconferencing system for use under Article 20A.259 who discloses anything transpiring before the grand jury in the course of the grand jury's official duties, regardless of whether the thing transpiring is recorded, may be punished by a fine not to exceed $500, as for contempt of court, by a term of confinement not to exceed 30 days, or both.
(b)  A witness who reveals any matter about which the witness is examined or that the witness observes during a grand jury proceeding, other than when the witness is required to give evidence on that matter in due course, may be punished by a fine not to exceed $500, as for contempt of court, and by a term of confinement not to exceed six months.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter E. Recording and Disclosure of Grand Jury Proceedings › Article 20A.204. Disclosure by Attorney Representing State

(a)  The attorney representing the state may not disclose anything transpiring before the grand jury except as permitted by this article or Article 20A.205(a) or (b).
(b)  In performing the attorney's duties, the attorney representing the state may disclose or permit a disclosure of a record made under Article 20A.201 or a typewritten transcription of that record, or may make or permit a disclosure otherwise prohibited by Article 20A.203, to a grand juror serving on the grand jury before which the record was made, another grand jury, a law enforcement agency, or a prosecuting attorney, as the attorney representing the state determines is necessary to assist the attorney in the performance of the attorney's duties.
(c)  The attorney representing the state shall warn any person authorized to receive information under Subsection (b) of the person's duty to maintain the secrecy of the information.
(d)  A person who receives information under Subsection (b) and discloses that information for purposes other than those permitted by that subsection may be punished for contempt in the same manner as a person who violates Article 20A.203(a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter E. Recording and Disclosure of Grand Jury Proceedings › Article 20A.205. Petition for Disclosure by Defendant

(a)  The defendant may petition a court to order the disclosure of information made secret by Article 20A.202, 20A.203(a), or 20A.204, including a recording or typewritten transcription under Article 20A.201, as a matter preliminary to or in connection with a judicial proceeding.  The court may order disclosure of the information if the defendant shows a particularized need.
(b)  A petition for disclosure under Subsection (a) must be filed in the district court in which the case is pending.  The defendant must also file a copy of the petition with the attorney representing the state, the parties to the judicial proceeding, and any other person the court requires.  Each person who receives a copy of the petition under this subsection is entitled to appear before the court.  The court shall provide interested parties with an opportunity to appear and present arguments for or against the requested disclosure.
(c)  A person who receives information under this article and discloses that information may be punished for contempt in the same manner as a person who violates Article 20A.203(a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.251. In-County Witness

(a)  In term time or vacation, the foreperson or the attorney representing the state may issue a summons or attachment for any witness in the county in which the grand jury sits.
(b)  A summons or attachment issued under Subsection (a) may require the witness to appear before the grand jury at a specified time, or immediately, without stating the matter under investigation.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.252. Out-of-County Witness

(a)  The foreperson or the attorney representing the state may cause a subpoena or attachment for a witness to be issued to any county in the state by submitting a written application to the district court stating the name and residence of the witness and that the witness's testimony is believed to be material.
(b)  A subpoena or attachment issued under this article:
(1)  is returnable to the grand jury in session or to the next grand jury for the county in which the subpoena or attachment was issued, as determined by the applicant; and
(2)  shall be served and returned in the manner prescribed by Chapter 24.
(c)  A subpoena issued under this article may require the witness to appear and produce records and documents.
(d)  A witness subpoenaed under this article shall be compensated as provided by this code.
(e)  An attachment issued under this article must command the sheriff or any constable of the county in which the witness resides to serve the witness and to bring the witness before the grand jury at a time and place specified in the attachment.
(f)  The attorney representing the state may cause an attachment to be issued under this article in term time or vacation.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.253. Execution of Process

(a)  A bailiff or other officer who receives process to be served from the grand jury shall immediately execute the process and return the process to:
(1)  the foreperson, if the grand jury is in session; or
(2)  the district clerk, if the grand jury is not in session.
(b)  If the process is returned unexecuted, the return must state why the process was not executed.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.254. Evasion of Process

If the court determines that a witness for whom an attachment has been issued to appear before the grand jury is in any manner wilfully evading the service of the summons or attachment, the court may fine the witness, as for contempt, in an amount not to exceed $500.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.255. Witness Refusal to Testify

(a)  If a witness brought in any manner before a grand jury refuses to testify, the witness's refusal shall be communicated to the attorney representing the state or to the court.
(b)  The court may compel a witness described by Subsection (a) to answer a proper question by imposing a fine not to exceed $500 and by committing the witness to jail until the witness is willing to testify.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.256. Witness Oath

Before each witness is examined, the foreperson or a person under the foreperson's direction shall administer the following oath to the witness: "You solemnly swear that you will not reveal, by your words or conduct, and will keep secret any matter about which you may be examined or that you have observed during the proceedings of the grand jury, and that you will answer truthfully the questions asked of you by the grand jury, or under its direction, so help you God."
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.257. Examination of Witnesses

(a)  Only a grand juror or the attorney representing the state may examine a witness before the grand jury.
(b)  The attorney representing the state shall advise the grand jury regarding the proper mode of examining a witness.
(c)  If a felony has been committed in any county in the grand jury's jurisdiction, and the name of the offender is known or unknown or if it is uncertain when or how the felony was committed, the grand jury shall first state the subject matter under investigation to a witness called before the grand jury and may then ask questions relevant to the transaction in general terms and in a manner that enables a determination as to whether the witness has knowledge of the violation of any particular law by any person, and if so, by what person.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.258. Examination of Accused or Suspected Person

(a)  Before the examination of an accused or suspected person who is subpoenaed to appear before the grand jury, the person shall be:
(1)  provided the warnings described by Subsection (b) orally and in writing; and
(2)  given a reasonable opportunity to:
(A)  retain counsel or apply to the court for an appointed attorney; and
(B)  consult with counsel before appearing before the grand jury.
(b)  The warnings required under Subsection (a)(1) must consist of the following:
"Your testimony before this grand jury is under oath.  Any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury.  You have the right to refuse to make answers to any question, the answer to which would incriminate you in any manner.  You have the right to have a lawyer present outside this chamber to advise you before making answers to questions you feel might incriminate you.  Any testimony you give may be used against you at any subsequent proceeding.  If you are unable to employ a lawyer, you have the right to have a lawyer appointed to advise you before making an answer to a question, the answer to which you feel might incriminate you."
(c)  In examining an accused or suspected person, the grand jury shall:
(1)  first state:
(A)  the offense of which the person is accused or suspected;
(B)  the county in which the offense is alleged to have been committed; and
(C)  as closely as possible, the time the offense was committed; and
(2)  direct the examination to the offense under investigation.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter F. Witnesses › Article 20A.259. Peace Officer Testimony by Video Teleconferencing

(a)  With the consent of the foreperson and the attorney representing the state, a peace officer summoned to testify before the grand jury may testify through the use of a closed circuit video teleconferencing system that provides a simultaneous, encrypted, compressed full motion video and interactive communication of image and sound between the officer, the grand jury, and the attorney representing the state.
(b)  In addition to being administered the oath required under Article 20A.256, before being examined, a peace officer testifying through the use of a closed circuit video teleconferencing system under this article shall affirm that the officer's testimony:
(1)  cannot be heard by any person other than a person in the grand jury room; and
(2)  is not being recorded or otherwise preserved by any person at the location from which the officer is testifying.
(c)  Testimony received from a peace officer under this article shall be recorded in the same manner as other testimony taken before the grand jury and shall be preserved.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter G. Indictment › Article 20A.301. Voting on Indictment

After all the testimony accessible to the grand jury has been given with respect to any criminal accusation, the grand jury shall vote on the presentment of an indictment.  If at least nine grand jurors concur in finding the bill, the foreperson shall make a memorandum of the vote with any information enabling the attorney representing the state to prepare the indictment.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter G. Indictment › Article 20A.302. Preparation of Indictment

(a)  The attorney representing the state shall prepare, with as little delay as possible, each indictment found by the grand jury and shall deliver the indictment to the foreperson.  The attorney shall endorse on the indictment the name of each witness on whose testimony the indictment was found.
(b)  The foreperson shall officially sign each indictment prepared and delivered under Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter G. Indictment › Article 20A.303. Presentment of Indictment

When an indictment is ready to be presented, the grand jury shall, through the foreperson, deliver the indictment to the judge or court clerk. At least nine grand jurors must be present to deliver the indictment.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 20A - Grand Jury Proceedings › Subchapter G. Indictment › Article 20A.304. Presentment of Indictment Entered in Record

(a)  If the defendant is in custody or under bond at the time the indictment is presented, the fact of the presentment shall be entered in the court's record, noting briefly the style of the criminal action, the file number of the indictment, and the defendant's name.
(b)  If the defendant is not in custody or under bond at the time the indictment is presented, the indictment may not be made public and the entry in the court's record relating to the indictment must be delayed until the capias is served and the defendant is placed in custody or under bond.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.01. "Indictment"

An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
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 21 - Indictment and Information › Article 21.011. Filing of Charging Instrument or Related Document in Electronic Form

(a)  An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a judge or clerk of the court authorized to receive the document.
(b)  A judge or clerk of the court is authorized to receive for filing purposes an information, indictment, complaint, or other charging instrument or a related document in electronic form in accordance with Subchapter I, Chapter 51, Government Code, if:
(1)  the document complies with the requirements that would apply if the document were filed in hard-copy form;
(2)  the clerk of the court has the means to electronically store the document for the statutory period of record retention;
(3)  the judge or clerk of the court is able to reproduce the document in hard-copy form on demand; and
(4)  the clerk of the court is able to display or otherwise make the document available in electronic form to the public at no charge.
(c)  The person filing the document and the person receiving the document must complete the electronic filing as provided by Section 51.804, Government Code.
(d)  Notwithstanding Section 51.806, Government Code, an indictment, information, complaint, or other charging instrument or a related document transmitted in electronic form is exempt from a requirement under this code that the pleading be endorsed by a natural person.  The requirement of an oath under this code is satisfied if:
(1)  all or part of the document was sworn to; and
(2)  the electronic form states which parts of the document were sworn to and the name of the officer administering the oath.
(e)  An electronically filed document described by this section may be amended or modified in compliance with Chapter 28 or other applicable law.  The amended or modified document must reflect that the original document has been superseded.
(f)  This section does not affect the application of Section 51.318, Government Code, Section 118.052(3), Local Government Code, or any other law permitting the collection of fees for the provision of services related to court documents.
Added by Acts 2005, 79th Leg., Ch. 312 (S.B. 611), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.02. Requisites of an Indictment

An indictment shall be deemed sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of The State of Texas".
2. It must appear that the same was presented in the district court of the county where the grand jury is in session.
3. It must appear to be the act of a grand jury of the proper county.
4. It must contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him.
5. It must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented.
6. The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation.
7. The offense must be set forth in plain and intelligible words.
8. The indictment must conclude, "Against the peace and dignity of the State".
9. It shall be signed officially by the foreman of the grand jury.
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 21 - Indictment and Information › Article 21.03. What Should Be Stated

Everything should be stated in an indictment which is necessary to be proved.
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 21 - Indictment and Information › Article 21.04. The Certainty Required

The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense.
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 21 - Indictment and Information › Article 21.05. Particular Intent; Intent to Defraud

Where a particular intent is a material fact in the description of the offense, it must be stated in the indictment;  but in any case where an intent to defraud is required to constitute an offense, it shall be sufficient to allege an intent to defraud, without naming therein the particular person intended to be defrauded.
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 21 - Indictment and Information › Article 21.06. Allegation of Venue

When the offense may be prosecuted in either of two or more counties, the indictment may allege the offense to have been committed in the county where the same is prosecuted, or in any county or place where the offense was actually committed.
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 21 - Indictment and Information › Article 21.07. Allegation of Name

In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state one or more of the initials of the given name and the surname.  When a person is known by two or more names, it shall be sufficient to state either name.  When the name of the person is unknown to the grand jury, that fact shall be stated, and if it be the accused, a reasonably accurate description of him shall be given in the indictment.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1995, 74th Leg., ch. 830, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.08. Allegation of Ownership

Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either.  Where property is owned in common, or jointly, by two or more persons, the ownership may be alleged to be in all or either of them.  When the property belongs to the estate of a deceased person, the ownership may be alleged to be in the executor, administrator or heirs of such deceased person, or in any one of such heirs.  Where the ownership of the property is unknown to the grand jury, it shall be sufficient to allege that fact.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 16, eff. Aug. 28, 1967.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.09. Description of Property

If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership.  When such is unknown, that fact shall be stated, and a general classification, describing and identifying the property as near as may be, shall suffice.  If the property be real estate, its general locality in the county, and the name of the owner, occupant or claimant thereof, shall be a sufficient description of the same.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1975, 64th Leg., p. 909, ch. 341, Sec. 2, eff. June 19, 1975.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.10. "Felonious" and "Feloniously"

It is not necessary to use the words "Felonious" or "feloniously" in any indictment.
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 21 - Indictment and Information › Article 21.11. Certainty; What Sufficient

An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the defendant notice of the particular offense with which he is charged, and enable the court, on conviction, to pronounce the proper judgment;  and in no case are the words "force and arms" or "contrary to the form of the statute" necessary.
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 21 - Indictment and Information › Article 21.12. Special and General Terms

When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the special term.  To charge an unlawful sale, it is necessary to name the purchaser.
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 21 - Indictment and Information › Article 21.13. Act With Intent to Commit an Offense

An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent to commit such other offense.
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 21 - Indictment and Information › Article 21.14. Perjury and Aggravated Perjury

(a)  An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the same, and no such indictment shall be held insufficient on account of any variance which does not affect the subject matter or general import of such false statement;  and it is not necessary in such indictment to set forth the pleadings, records or proceeding with which the false statement is connected, nor the commission or authority of the court or person before whom the false statement was made;  but it is sufficient to state the name of the court or public servant by whom the oath was administered with the allegation of the falsity of the matter on which the perjury or aggravated perjury is assigned.
(b) If an individual is charged with aggravated perjury before a grand jury, the indictment may not be entered by the grand jury before which the false statement was alleged to have been made.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 5, eff. Sept. 1, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.15. Must Allege Acts of Recklessness or Criminal Negligence

Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, the complaint, information, or indictment in order to be sufficient in any such case must allege, with reasonable certainty, the act or acts relied upon to constitute recklessness or criminal negligence, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly or with criminal negligence.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 21 - Indictment and Information › Article 21.16. Certain Forms of Indictments

The following form of indictments is sufficient:
""In the name and by authority of the State of Texas:  The grand jury of ............ County, State of Texas, duly organized at the ............ term, A.D. ............, of the district court of said county, in said court at said term, do present that ............ (defendant) on the .......... day of ............ A.D. ............, in said county and State, did ............ (description of offense) against the peace and dignity of the State.
............, Foreman of the grand jury."
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 21 - Indictment and Information › Article 21.17. Following Statutory Words

Words used in a statute to define an offense need not be strictly pursued in the indictment;  it is sufficient to use other words conveying the same meaning, or which include the sense of the statutory words.
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 21 - Indictment and Information › Article 21.18. Matters of Judicial Notice

Presumptions of law and matters of which judicial notice is taken (among which are included the authority and duties of all officers elected or appointed under the General Laws of this State) need not be stated in an indictment.
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 21 - Indictment and Information › Article 21.19. Defects of Form

An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form which does not prejudice the substantial rights of the defendant.
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 21 - Indictment and Information › Article 21.20. "Information"

An "Information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
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 21 - Indictment and Information › Article 21.21. Requisites of an Information

An information is sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of the State of Texas";
2. That it appear to have been presented in a court having jurisdiction of the offense set forth;
3. That it appear to have been presented by the proper officer;
4. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him;
5. It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed;
6. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation;
7. That the offense be set forth in plain and intelligible words;
8. That it conclude, "Against the peace and dignity of the State";  and
9. It must be signed by the district or county attorney, officially.
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 21 - Indictment and Information › Article 21.22. Information Based Upon Complaint

No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.  The affidavit shall be filed with the information.  It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths.
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 21 - Indictment and Information › Article 21.23. Rules as to Indictment Apply to Information

The rules with respect to allegations in an indictment and the certainty required apply also to an information.
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 21 - Indictment and Information › Article 21.24. Joinder of Certain Offenses

(a)  Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in Chapter 3 of the Penal Code.
(b) A count may contain as many separate paragraphs charging the same offense as necessary, but no paragraph may charge more than one offense.
(c) A count is sufficient if any one of its paragraphs is sufficient.  An indictment, information, or complaint is sufficient if any one of its counts is sufficient.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.