reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 9. Hearing

Sec. 9. HEARING.    (a)  If the convicting court determines that controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist, the court shall enter an order, not later than the 20th day after the last date the state answers the application, designating the issues of fact to be resolved and the manner in which the issues shall be resolved.  To resolve the issues, the court may require affidavits, depositions, interrogatories, and evidentiary hearings and may use personal recollection.
(b) The convicting court shall hold the evidentiary hearing not later than the 30th day after the date on which the court enters the order designating issues under Subsection (a).  The convicting court may grant a motion to postpone the hearing, but not for more than 30 days, and only if the court states, on the record, good cause for delay.
(c) The presiding judge of the convicting court shall conduct a hearing held under this section unless another judge presided over the original capital felony trial, in which event that judge, if qualified for assignment under Section 74.054 or 74.055, Government Code, may preside over the hearing.
(d) The court reporter shall prepare a transcript of the hearing not later than the 30th day after the date the hearing ends and file the transcript with the clerk of the convicting court.
(e) The parties shall file proposed findings of fact and conclusions of law for the convicting court to consider on or before a date set by the court that is not later than the 30th day after the date the transcript is filed.  If the court requests argument of counsel, after argument the court shall make written findings of fact that are necessary to resolve the previously unresolved facts and make conclusions of law not later than the 15th day after the date the parties file proposed findings or not later than the 45th day after the date the court reporter files the transcript, whichever occurs first.
(f) The clerk of the convicting court shall immediately transmit to:
(1) the court of criminal appeals a copy of:
(A) the application;
(B) the answers and motions filed;
(C) the court reporter's transcript;
(D) the documentary exhibits introduced into evidence;
(E) the proposed findings of fact and conclusions of law;
(F) the findings of fact and conclusions of law entered by the court;
(G) the sealed materials such as a confidential request for investigative expenses;  and
(H) any other matters used by the convicting court in resolving issues of fact;  and
(2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of:
(A) orders entered by the convicting court;
(B) proposed findings of fact and conclusions of law;  and
(C) findings of fact and conclusions of law entered by the court.
(g) The clerk of the convicting court shall forward an exhibit that is not documentary to the court of criminal appeals on request of the court.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 1.

Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 2.

Sec. 2.  (a)  An application for a writ of habeas corpus under this article must be filed with the clerk of the court in which community supervision was imposed.
(b) At the time the application is filed, the applicant must be, or have been, on community supervision, and the application must challenge the legal validity of:
(1) the conviction for which or order in which community supervision was imposed;  or
(2) the conditions of community supervision.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 3.

Sec. 3.  (a)  An application may not be filed under this article if the applicant could obtain the requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure.
(b) An applicant seeking to challenge a particular condition of community supervision but not the legality of the conviction for which or the order in which community supervision was imposed must first attempt to gain relief by filing a motion to amend the conditions of community supervision.
(c) An applicant may challenge a condition of community supervision under this article only on constitutional grounds.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 4.

Sec. 4.  (a)  When an application is filed under this article, a writ of habeas corpus issues by operation of law.
(b) At the time the application is filed, the clerk of the court shall assign the case a file number ancillary to that of the judgment of conviction or order being challenged.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 5.

Sec. 5.  (a)  Immediately on filing an application, the applicant shall serve a copy of the application on the attorney representing the state by:
(1)  certified mail, return receipt requested;
(2)  personal service;
(3)  electronic service through the electronic filing manager authorized by Rule 21, Texas Rules of Civil Procedure; or
(4)  a secure electronic transmission to the attorney's e-mail address filed with the electronic filing system as required under Section 80.003, Government Code.
(b) The state may file an answer within the period established by Subsection (c), but is not required to file an answer.
(c) The state may not file an answer after the 30th day after the date of service, except that for good cause the convicting court may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state must be served on the applicant by certified mail, return receipt requested, or by personal service.
(e) Matters alleged in the application not admitted by the state are considered to have been denied.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 6.

Sec. 6.  (a)  Not later than the 60th day after the day on which the state's answer is filed, the trial court shall enter a written order granting or denying the relief sought in the application.
(b) In making its determination, the court may order affidavits, depositions, interrogatories, or a hearing, and may rely on the court's personal recollection.
(c) If a hearing is ordered, the hearing may not be held before the eighth day after the day on which the applicant and the state are provided notice of the hearing.
(d) The court may appoint an attorney or magistrate to hold a hearing ordered under this section and make findings of fact.  An attorney appointed under this subsection is entitled to compensation as provided by Article 26.05.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 7.

Sec. 7.  (a)  If the court determines from the face of an application or documents attached to the application that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous.  In any other case, the court shall enter a written order including findings of fact and conclusions of law.  The court may require the prevailing party to submit a proposed order.
(b)  At the time an order is entered under this section, the clerk of the court shall immediately, by certified mail, return receipt requested, or by secure electronic mail, send a copy of the order to the applicant and to the state.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 8.

Sec. 8. If the application is denied in whole or part, the applicant may appeal under Article 44.02 and Rule 31, Texas Rules of Appellate Procedure.  If the application is granted in whole or part, the state may appeal under Article 44.01 and Rule 31, Texas Rules of Appellate Procedure.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.072. Procedure in Community Supervision Case › Section 9.

Sec. 9.  (a)  If a subsequent application for a writ of habeas corpus is filed after final disposition of an initial application under this article, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application.
(b) For purposes of Subsection (a), a legal basis of a claim is unavailable on or before a date described by that subsection if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.
(c) For purposes of Subsection (a), a factual basis of a claim is unavailable on or before a date described by that subsection if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.
Added by Acts 2003, 78th Leg., ch. 587, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 3, eff. May 18, 2013.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 8.02, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.073. Procedure Related to Certain Scientific Evidence

(a)  This article applies to relevant scientific evidence that:
(1)  was not available to be offered by a convicted person at the convicted person's trial; or
(2)  contradicts scientific evidence relied on by the state at trial.
(b)  A court may grant a convicted person relief on an application for a writ of habeas corpus if:
(1)  the convicted person files an application, in the manner provided by Article 11.07, 11.071, or 11.072, containing specific facts indicating that:
(A)  relevant scientific evidence is currently available and was not available at the time of the convicted person's trial because the evidence was not ascertainable through the exercise of reasonable diligence by the convicted person before the date of or during the convicted person's trial; and
(B)  the scientific evidence would be admissible under the Texas Rules of Evidence at a trial held on the date of the application; and
(2)  the court makes the findings described by Subdivisions (1)(A) and (B) and also finds that, had the scientific evidence been presented at trial, on the preponderance of the evidence the person would not have been convicted.
(c)  For purposes of Section 4(a)(1), Article 11.07, Section 5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim or issue could not have been presented previously in an original application or in a previously considered application if the claim or issue is based on relevant scientific evidence that was not ascertainable through the exercise of reasonable diligence by the convicted person on or before the date on which the original application or a previously considered application, as applicable, was filed.
(d)  In making a finding as to whether relevant scientific evidence was not ascertainable through the exercise of reasonable diligence on or before a specific date, the court shall consider whether the field of scientific knowledge, a testifying expert's scientific knowledge, or a scientific method on which the relevant scientific evidence is based has changed since:
(1)  the applicable trial date or dates, for a determination made with respect to an original application; or
(2)  the date on which the original application or a previously considered application, as applicable, was filed, for a determination made with respect to a subsequent application.
Added by Acts 2013, 83rd Leg., R.S., Ch. 410 (S.B. 344), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1263 (H.B. 3724), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.0731. Procedures Related to Certain Previously Tested Evidence

(a)  This article applies to relevant evidence consisting of biological material described by Article 64.01(a) that was:
(1)  presented by the state at the convicted person's trial; and
(2)  subjected to testing:
(A)  at a laboratory that ceased conducting DNA testing after an audit by the Texas Forensic Science Commission revealed the laboratory engaged in faulty testing practices; and
(B)  during the period identified in the audit as involving faulty testing practices.
(b)  A court may grant a convicted person relief on an application for a writ of habeas corpus if the convicted person files an application, in the manner provided by Article 11.07, 11.071, or 11.072, containing specific facts indicating that:
(1)  the person previously filed a motion under Chapter 64 for forensic DNA testing of evidence described by Subsection (a) that was denied because of a negative finding under Article 64.03(a)(1)(A) or (B); and
(2)  had the evidence not been presented at the person's trial, on the preponderance of the evidence the person would not have been convicted.
(c)  For purposes of Section 4(a)(1), Article 11.07, Section 5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim or issue could not have been presented previously in an original application or in a previously considered application if the claim or issue is based on evidence that has been determined by the Texas Forensic Science Commission to have been subjected to faulty DNA testing practices.
Added by Acts 2017, 85th Leg., R.S., Ch. 903 (H.B. 3872), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.074. Court-Appointed Representation Required in Certain Cases

(a)  This article applies only to a felony or misdemeanor case in which the applicant seeks relief on a writ of habeas corpus from a judgment of conviction that:
(1)  imposes a penalty other than death; or
(2)  orders community supervision.
(b)  If at any time the state represents to the convicting court that an eligible indigent defendant under Article 1.051 who was sentenced or had a sentence suspended is not guilty, is guilty of only a lesser offense, or was convicted or sentenced under a law that has been found unconstitutional by the court of criminal appeals or the United States Supreme Court, the court shall appoint an attorney to represent the indigent defendant for purposes of filing an application for a writ of habeas corpus, if an application has not been filed, or to otherwise represent the indigent defendant in a proceeding based on the application for the writ.
(c)  An attorney appointed under this article shall be compensated as provided by Article 26.05.
Added by Acts 2015, 84th Leg., R.S., Ch. 608 (S.B. 662), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.08. Applicant Accused of Felony

If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:
(1)  to the judge of the court in which the indictment or information charging the applicant is pending; or
(2)  if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:
(A)  to any judge with felony jurisdiction in a county to which the writ is returnable; or
(B)  if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.09. Applicant Accused or Convicted of Misdemeanor

(a)  If the applicant is accused of committing a misdemeanor offense, whether by information, warrant, complaint, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:
(1)  to the judge of the court in which the information charging the applicant is pending; or
(2)  if an information charging the applicant has not been filed or the judge of the court in which the information is pending is not available:
(A)  to any judge of a county court with criminal jurisdiction in a county to which the writ is returnable; or
(B)  if there is no judge of a county court with criminal jurisdiction available in a county described by Paragraph (A), to any judge of a county court with criminal jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).
(b)  After final conviction in any misdemeanor case, the applicant or petitioner may apply to the judge of the court in which the applicant was convicted.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.10. Proceedings Under the Writ

If an application is made to a judge under Article 11.08 or 11.09, the judge shall appoint a time when the judge will examine the cause of the applicant, and issue the writ returnable at that time, in a specified place in a county to which the writ is returnable.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.12. Who May Present Application

The party for whose relief the writ of habeas corpus is intended, or any person on behalf of that party, may present an application for a writ of habeas corpus to the proper authority for the purpose of obtaining relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.13. Applicant and Petitioner

(a)  The word applicant, as used in this chapter, refers to the person for whose relief the application for a writ of habeas corpus is presented.
(b)  An application for a writ of habeas corpus may be signed and presented on behalf of an applicant by any person, who shall be referred to as the petitioner.
(c)  A petitioner is not a party to a proceeding under this chapter.
(d)  A petitioner who is not the applicant's attorney may not take any additional actions on behalf of the applicant that would constitute the practice of law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.14. Application Requirements

(a)  An application for a writ of habeas corpus must state substantially:
1.  That the applicant is illegally restrained in the applicant's liberty, and by whom, naming both parties, if their names are known, or if unknown, designating and describing them;
2.  When the applicant is confined or restrained by virtue of any writ, order or process, or under color of either, a copy shall be annexed to the application, or it shall be stated that a copy cannot be obtained;
3.  When the confinement or restraint is not by virtue of any writ, order or process, the application may state only that the applicant is illegally confined or restrained in the applicant's liberty;
4.  There must be a prayer in the application for the writ of habeas corpus; and
5.  Oath must be made that the allegations of the application are true, according to the belief of the applicant or petitioner.
(b)  In addition to the requirements under Subsection (a), a petitioner must state in the application and under oath that the petitioner is presenting the application with the applicant's knowing and voluntary consent.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.15. Writ Issued Without Delay

The writ of habeas corpus shall be issued without delay by the judge or court receiving the application, unless it be manifest from the application itself, or some documents annexed to it, that the applicant is not entitled to any relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.16. Writ May Issue Without Application

A judge of the district or county court who has knowledge that any person is illegally confined or restrained in the person's liberty within the judge's district or county may, if the case is within the judge's jurisdiction, issue the writ of habeas corpus, without any application being made for the writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.17. Judge May Issue Warrant of Arrest

Whenever it appears by satisfactory evidence to any judge authorized to issue such writ that any one is held in illegal confinement or custody, and there is good reason to believe that he will be carried out of the State, or suffer some irreparable injury before he can obtain relief in the usual course of law, or whenever the writ of habeas corpus has been issued and disregarded, the said judge may issue a warrant to any peace officer, or to any person specially named by said judge, directing him to take and bring such person before such judge, to be dealt with according to law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.18. May Arrest Detainer

Where it appears by the proof offered, under circumstances mentioned in the preceding Article, that the person charged with having illegal custody of the prisoner is, by such act, guilty of an offense against the law, the judge may, in the warrant, order that he be arrested and brought before him;  and upon examination, he may be committed, discharged, or held to bail, as the law and the nature of the case may require.
Acts 1965, 59th, Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.19. Proceedings Under the Warrant

The officer charged with the execution of the warrant shall bring the persons therein mentioned before the judge or court issuing the same, who shall inquire into the cause of the imprisonment or restraint, and make an order thereon, as in cases of habeas corpus, either remanding into custody, discharging or admitting to bail the party so imprisoned or restrained.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.20. Officer Executing Warrant

The same power may be exercised by the officer executing the warrant in cases arising under the foregoing Articles as is exercised in the execution of warrants of arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.21. Constructive Custody

The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.22. Restraint

By "restraint" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.23. Scope of Writ

The writ of habeas corpus is intended to be applicable to all such cases of confinement and restraint, where there is no lawful right in the person exercising the power, or where, though the power in fact exists, it is exercised in a manner or degree not sanctioned by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.24. One Committed in Default of Bail

Where a person has been committed to custody for failing to enter into bond, the person is entitled to the writ of habeas corpus, if it be stated in the application that there was no sufficient cause for requiring bail or that the bail required is excessive.  If the proof sustains the application, it will entitle the person to be discharged or have the bail reduced.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.25. Person Afflicted With Disease

When a judge or court authorized to issue writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody is afflicted with a disease which will render a removal necessary for the preservation of life, an order may be made for the removal of the person to some other place where the person's health will not be likely to suffer, or the person may be admitted to bail when it appears that any manner of confinement will endanger the person's life.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.27. How Writ May Be Served and Returned

The writ may be served by delivering a copy of the original to the person who is charged with having the party under restraint or in custody, and exhibiting the original, if demanded;  if he refuse to receive it, he shall be informed verbally of the purport of the writ.  If he refuses admittance to the person wishing to make the service, or conceals himself, a copy of the writ may be fixed upon some conspicuous part of the house where such person resides or conceals himself, or of the place where the prisoner is confined;  and the person serving the writ of habeas corpus shall, in all cases, state fully, in his return, the manner and the time of the service of the writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.28. Return Under Oath

The return of a writ of habeas corpus, under the provisions of the preceding Article, if made by any person other than an officer, shall be under oath.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.29. Must Make Return

The person on whom the writ of habeas corpus is served shall immediately obey the same, and make the return required by law upon the copy of the original writ served on him, and this, whether the writ be directed to him or not.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.30. How Return Is Made

The return is made by stating in plain language on the copy of the writ or some paper connected with it:
1.  Whether it is true or not, according to the statement of the application, that the person has in the person's custody, or under the person's restraint, the applicant named or described in the application;
2.  By virtue of what authority, or for what cause, the person took and detains the applicant;
3.  If the person had the applicant in the person's custody or under restraint at any time before the service of the writ, and has transferred the applicant to the custody of another, the person shall state particularly to whom, at what time, for what reason or by what authority the person made the transfer;
4.  The person shall annex to the person's return the writ or warrant, if any, by virtue of which the person holds the applicant in custody; and
5.  The return must be signed and sworn to by the person making it.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.31. Applicant Brought Before Judge

The person on whom the writ is served shall bring before the judge the person in his custody, or under his restraint, unless it be made to appear that by reason of sickness he cannot be removed;  in which case, another day may be appointed by the judge or court for hearing the cause, and for the production of the person confined;  or the application may be heard and decided without the production of the person detained, by the consent of his counsel.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.32. Custody Pending Examination

When the return of the writ has been made, and the applicant brought before the court, he is no longer detained on the original warrant or process, but under the authority of the habeas corpus.  The safekeeping of the prisoner, pending the examination or hearing, is entirely under the direction and authority of the judge or court issuing the writ, or to which the return is made.  He may be bailed from day to day, or be remanded to the same jail whence he came, or to any other place of safekeeping under the control of the judge or court, till the case is finally determined.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.33. Court Shall Allow Time

The court or judge issuing the writ of habeas corpus shall allow reasonable time for the production of the person detained in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.34. Disobeying Writ

When service has been made upon a person charged with the illegal custody of another, if he refuses to obey the writ and make the return required by law, or, if he refuses to receive the writ, or conceals himself, the court or judge issuing the writ shall issue a warrant directed to any officer or other suitable person willing to execute the same, commanding him to arrest the person charged with the illegal custody or detention of another, and bring him before such court or judge.  When such person has been arrested and brought before the court or judge, if he still refuses to return the writ, or does not produce the person in his custody, he shall be committed to jail and remain there until he is willing to obey the writ of habeas corpus, and until he pays all the costs of the proceeding.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.35. Further Penalty for Disobeying Writ

Any person disobeying the writ of habeas corpus shall also be liable to a civil action at the suit of the party detained, and shall pay in such suit fifty dollars for each day of illegal detention and restraint, after service of the writ.  It shall be deemed that a person has disobeyed the writ who detains a prisoner a longer time than three days after service thereof, unless where further time is allowed in the writ for making the return thereto.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.36. Applicant May Be Brought Before Court

In case of disobedience of the writ of habeas corpus, the person for whose relief it is intended may also be brought before the court or judge having competent authority, by an order for that purpose, issued to any peace officer or other proper person specially named.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.37. Death, Etc

, SUFFICIENT RETURN OF WRIT.  It is a sufficient return of the writ of habeas corpus that the person, once detained, has died or escaped, or that by some superior force he has been taken from the custody of the person making the return;  but where any such cause shall be assigned, the court or judge shall proceed to hear testimony;  and the facts stated in the return shall be proved by satisfactory evidence.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.38. When a Prisoner Dies

When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of the prisoner shall forthwith report the same to a justice of the peace of the county, who shall hold an inquest to ascertain the cause of the prisoner's death.  All the proceedings had in such cases shall be reduced to writing, certified and returned as in other cases of inquest; a certified copy of which shall be sufficient proof of the death of the prisoner at the hearing of an application for a writ of habeas corpus.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.39. Who Shall Represent the State

If neither the county nor the district attorney be present, the judge may appoint some qualified practicing attorney to represent the State, who shall be paid the same fee allowed district attorneys for like services.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.40. Prisoner Discharged

The judge or court before whom a person is brought by writ of habeas corpus shall examine the writ and the papers attached to it;  and if no legal cause be shown for the imprisonment or restraint, or if it appear that the imprisonment or restraint, though at first legal, cannot for any cause be lawfully prolonged, the applicant shall be discharged.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.41. Where Party Is Indicted for Capital Offense

If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of the case shall, nevertheless, proceed to hear such testimony as may be offered on the part of the State and the applicant, and may either remand or admit him to bail, as the law and the facts may justify.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.42. If Court Has No Jurisdiction

If it appear by the return and papers attached that the judge or court has no jurisdiction, such court or judge shall at once remand the applicant to the person from whose custody he has been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.43. Presumption of Innocence

No presumption of guilt arises from the mere fact that a criminal accusation has been made before a competent authority.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.44. Action of Court Upon Examination

The judge or court, after having examined the return and all documents attached, and heard the testimony offered on both sides, shall, according to the facts and circumstances of the case, proceed either to remand the party into custody, admit him to bail or discharge him;  provided, that no defendant shall be discharged after indictment without bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.45. Void or Informal

If it appears that the applicant is detained or held under a warrant of commitment which is informal, or void;  yet, if from the document on which the warrant was based, or from the proof on the hearing of the habeas corpus, it appears that there is probable cause to believe that an offense has been committed by the prisoner, he shall not be discharged, but shall be committed or held to bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.46. If Proof Shows Offense

Where, upon an examination under habeas corpus, it appears to the court or judge that there is probable cause to believe that an offense has been committed by the prisoner, he shall not be discharged, but shall be committed or admitted to bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.47. May Summon Magistrate

To ascertain the grounds on which an informal or void warrant has been issued, the judge or court may cause to be summoned the magistrate who issued the warrant, and may, by an order, require him to bring with him all the papers and proceedings touching the matter.  The attendance of such magistrate and the production of such papers may be enforced by warrant of arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.48. Written Issue Not Necessary

It shall not be necessary, on the trial of any cause arising under habeas corpus, to make up a written issue, though it may be done by the applicant for the writ.  He may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance.  If written denial on his part be not made, it shall be considered, for the purpose of investigation, that the statements of said return are contested by a denial of the same;  and the proof shall be heard accordingly, both for and against the applicant for relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.50. Costs

The judge trying the cause under habeas corpus may make such order as is deemed right concerning the cost of bringing the defendant before him, and all other costs of the proceeding, awarding the same either against the person to whom the writ was directed, the person seeking relief, or may award no costs at all.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.51. Record of Proceedings

If a writ of habeas corpus be made returnable before a court in session, all the proceedings had shall be entered of record by the clerk of the court, as in any other case in the court.  When the application is heard out of the county where the offense was committed, or in the court of criminal appeals, the clerk shall transmit a certified copy of all the proceedings on the application to the clerk of the court which has jurisdiction of the offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.52. Proceedings Had in Vacation

If the return is made and the proceedings had before a judge of a court in vacation, he shall cause all of the proceedings to be written, shall certify to the same, and cause them to be filed with the clerk of the court which has jurisdiction of the offense, who shall keep them safely.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.53. Construing the Two Preceding Articles

The two preceding Articles refer only to cases where an applicant is held under accusation for some offense;  in all other cases the proceedings had before the judge shall be filed and kept by the clerk of the court hearing the case.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.54. Court May Grant Necessary Orders

The court or judge issuing a writ of habeas corpus may:
(1)  grant all necessary orders to bring before the court or judge the testimony taken before the examining court; and
(2)  issue process to enforce the attendance of witnesses.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.55. Meaning of "Return"

The word "return", as used in this Chapter, means the report made by the officer or person charged with serving the writ of habeas corpus, and also the answer made by the person served with such writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.56. Effect of Discharge Before Indictment

Where a person, before indictment found against him, has been discharged or held to bail on habeas corpus by order of a court or judge of competent jurisdiction, he shall not be again imprisoned or detained in custody on an accusation for the same offense, until after he shall have been indicted, unless surrendered by his bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.57. Writ After Indictment

Where a person once discharged or admitted to bail is afterward indicted for the same offense for which he has been once arrested, he may be committed on the indictment, but shall be again entitled to the writ of habeas corpus, and may be admitted to bail, if the facts of the case render it proper;  but in cases where, after indictment is found, the cause of the defendant has been investigated on habeas corpus, and an order made, either remanding him to custody, or admitting him to bail, he shall neither be subject to be again placed in custody, unless when surrendered by his bail, nor shall he be again entitled to the writ of habeas corpus, except in the special cases mentioned in this Chapter.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.58. Person Committed for a Capital Offense

If the accusation against the defendant for a capital offense has been heard on habeas corpus before indictment found, and he shall have been committed after such examination, he shall not be entitled to the writ, unless in the special cases mentioned in Articles 11.25 and 11.59.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.59. Obtaining Writ a Second Time

An applicant may obtain the writ of habeas corpus a second time by stating in an application therefor that since the hearing of the applicant's first application important testimony has been obtained which it was not in the applicant's power to produce at the former hearing.  The applicant shall also set forth the newly discovered testimony;  and if it be that of a witness, the affidavit of the witness shall also accompany the application.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.60. Refusing to Execute Writ

Any officer to whom a writ of habeas corpus, or other writ, warrant or process authorized by this Chapter shall be directed, delivered or tendered, who refuses to execute the same according to his directions, or who wantonly delays the service or execution of the same, shall be liable to fine as for contempt of court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.