reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.03. Courts of Appeals

The Courts of Appeals, other than the Court of Appeals for the Fifteenth Court of Appeals District, shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.  This article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed or affirmed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 102, eff. Sept. 1, 1981.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 2.02, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.04. Court of Criminal Appeals › Section 1.

Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.  The court and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of such other writs as may be necessary to protect its jurisdiction or enforce its judgments.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.04. Court of Criminal Appeals › Section 2.

Sec. 2. The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final.  The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals.  In addition, the Court of Criminal Appeals may, on its own motion, with or without a petition for such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case.  Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1971, 62nd Leg., p. 2536, Sec.6, eff. Aug. 30, 1971;  Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 103, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.05. Jurisdiction of District Courts

District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1983, 68th Leg., p. 1585, ch. 303, Sec. 5, eff. Jan. 1, 1984.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.06. When Felony Includes Misdemeanor

Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, whether the proof shows a felony or a misdemeanor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.07. Jurisdiction of County Courts

The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.08. Appellate Jurisdiction of County Courts

The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.09. Appeals From Inferior Court

If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.10. To Forfeit Bail Bonds

County courts and county courts at law shall have jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which said courts have jurisdiction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.11. Jurisdiction of Justice Courts

(a)  Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only or punishable by:
(A) a fine;  and
(B) as authorized by statute, a sanction not consisting of confinement or imprisonment;  or
(2) arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction.
(b) The fact that a conviction in a justice court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the justice court.
(c)  A justice court has concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 4, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1995;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 533, Sec. 1, eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 1013, Sec. 38, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 612 (H.B. 413), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.12. Misdemeanor Cases; Precinct in Which Defendant to Be Tried in Justice Court

(a)  Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:
(1)  in the precinct in which the offense was committed;
(2)  in the precinct in which the defendant or any of the defendants reside;
(3)  with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county; or
(4)  if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed.
(b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:
(1) in the next adjacent precinct in the same county which has a duly qualified justice court;  or
(2) in the precinct in which the defendant may reside.
(c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.
(d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere.
(e)  The justices of the peace in each county shall, by majority vote, adopt local rules of administration regarding the transfer of a pending misdemeanor case from one precinct to a different precinct.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 1999;  Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1086 (S.B. 1200), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 5.05, eff. January 1, 2012.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.13. Justice May Forfeit Bond

A justice of the peace shall have the power to take forfeitures of all bonds given for the appearance of any party at his court, regardless of the amount.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.15. May Sit at Any Time

Justice courts and corporation courts may sit at any time to try criminal cases over which they have jurisdiction.  Any case in which a fine may be assessed shall be tried in accordance with the rules of evidence and this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.16. Concurrent Jurisdiction

When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or a complaint shall first be filed shall retain jurisdiction except as provided in Article 4.12.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.17. Transfer of Certain Misdemeanors

On a plea of not guilty to a misdemeanor offense punishable by confinement in jail, entered in a county court of a judge who is not a licensed attorney, on the motion of the state or the defendant, the judge may transfer the case to a district court having jurisdiction in the county or to a county court at law in the county presided over by a judge who is a licensed attorney.  The judge may make the transfer on his own motion. The attorney representing the state in the case in county court shall continue the prosecution in the court to which the case is transferred.  Provided, in no case may any such case be transferred to a district court except with the written consent of the judge of the district court to which the transfer is sought.
Added by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 6, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 295, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.18. Claim of Underage

(a)  A claim that a district court or criminal district court does not have jurisdiction over a person because jurisdiction is exclusively in the juvenile court and that the juvenile court could not waive jurisdiction under Section 8.07(a), Penal Code, or did not waive jurisdiction under Section 8.07(b), Penal Code, must be made by written motion in bar of prosecution filed with the court in which criminal charges against the person are filed.
(b) The motion must be filed and presented to the presiding judge of the court:
(1) if the defendant enters a plea of guilty or no contest, before the plea;
(2) if the defendant's guilt or punishment is tried or determined by a jury, before selection of the jury begins;  or
(3) if the defendant's guilt is tried by the court, before the first witness is sworn.
(c) Unless the motion is not contested, the presiding judge shall promptly conduct a hearing without a jury and rule on the motion.  The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail.
(d) A person may not contest the jurisdiction of the court on the ground that the juvenile court has exclusive jurisdiction if:
(1) the person does not file a motion within the time requirements of this article;  or
(2) the presiding judge finds under Subsection (c) that a motion made under this article does not prevail.
(e) An appellate court may review a trial court's determination under this article, if otherwise authorized by law, only after conviction in the trial court.
(f) A court that finds that it lacks jurisdiction over a case because exclusive jurisdiction is in the juvenile court shall transfer the case to the juvenile court as provided by Section 51.08, Family Code.
(g)  This article does not apply to a claim of a defect or error in a discretionary transfer proceeding in juvenile court.  A defendant may appeal a defect or error only as provided by Chapter 56, Family Code.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 80, eff. Jan. 1, 1996.  Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 27, eff. Sept. 1, 1999;  Subsec. (g) added by Acts 1999, 76th Leg., ch. 1477, Sec. 28, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 74 (S.B. 888), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 4 - Courts and Criminal Jurisdiction › Article 4.19. Transfer of Person Certified to Stand Trial as an Adult

(a)  Notwithstanding the order of a juvenile court to detain a person under the age of 17 who has been certified to stand trial as an adult in a certified juvenile detention facility under Section 54.02(h), Family Code, the judge of the criminal court having jurisdiction over the person may order the person to be transferred to an adult facility.  A child who is transferred to an adult facility must be detained under conditions meeting the requirements of Section 51.12, Family Code.
(b)  On the 17th birthday of a person described by Subsection (a) who is detained in a certified juvenile detention facility under Section 54.02(h), Family Code, the judge of the criminal court having jurisdiction over the person shall order the person to be transferred to an adult facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1087 (S.B. 1209), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.01. Legislative Statement

(a)  Family violence is a serious danger and threat to society and its members.  Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law.
(b) In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.02. Definitions

In this chapter, "family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(c), eff. Sept. 1, 2003.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.03. Family or Household Relationship Does Not Create an Exception to Official Duties

A general duty prescribed for an officer by Chapter 2 of this code is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence.  A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.012, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.03. Family or Household Relationship Does Not Create an Exception to Official Duties

A general duty prescribed for an officer by Chapter 2A is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence.  A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.012, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.04. Duties of Peace Officers

(a)  The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
(a-1)  A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center.
(b)  A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including by providing the written notice adopted by the Health and Human Services Commission under Section 51A.003, Human Resources Code.  In addition to the required notice under this subsection, a peace officer may provide to the possible victim any available written information regarding local resources for victims of family violence.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 7, eff. May 13, 2023.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 366, Sec. 4, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1995, 74th Leg., ch. 1024, Sec. 24, eff. Sept. 1, 1995;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 1193, Sec. 23, eff. Sept. 1, 1997;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 610, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723), Sec. 2, eff. June 16, 2007.
Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 4, eff. May 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 7, eff. May 13, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.045. Standby Assistance; Liability

(a)  In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner.
(b) A peace officer who provides assistance under Subsection (a) of this article is not:
(1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance;  or
(2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
Added by Acts 1995, 74th Leg., ch. 565, Sec. 1, eff. June 14, 1995.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.06. Duties of Prosecuting Attorneys and Courts

(a)  Neither a prosecuting attorney nor a court may:
(1) dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes family violence because a civil proceeding is pending or not pending;  or
(2) require proof that a complaining witness, victim, or defendant is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship before presenting a criminal allegation to a grand jury, filing an information, or otherwise proceeding with the prosecution of a criminal case.
(b) A prosecuting attorney's decision to file an application for a protective order under Chapter 71, Family Code, should be made without regard to whether a criminal complaint has been filed by the applicant.  A prosecuting attorney may require the applicant to provide information for an offense report, relating to the facts alleged in the application, with a local law enforcement agency.
(c) The prosecuting attorney having responsibility under Section 71.04(c), Family Code, for filing applications for protective orders under Chapter 71, Family Code, shall provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney for the prosecuting attorney.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 614, Sec. 28, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 739, Sec. 9, eff. Sept. 1, 1989.  Subsec. (c) added by Acts 1995, 74th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1995;  added by Acts 1995, 74th Leg., ch. 1024, Sec. 25, eff. Sept. 1, 1995.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5 - Family Violence Prevention › Article 5.08. Mediation in Family Violence Cases

Notwithstanding Article 26.13(g) or 42A.301(b)(15), in a criminal prosecution arising from family violence, as that term is defined by Section 71.004, Family Code, a court shall not refer or order the victim or the defendant involved to mediation, dispute resolution, arbitration, or other similar procedures.
Added by Acts 1999, 76th Leg., ch. 389, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.002, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5B - Procedures for Certain Offenses Involving Illegal Entry Into This State › Article 5B.001. Enforcement Prohibited in Certain Locations

Notwithstanding any other law, a peace officer may not arrest or detain a person for purposes of enforcing a provision of Chapter 51, Penal Code, if the person is on the premises or grounds of:
(1)  a public or private primary or secondary school for educational purposes;
(2)  a church, synagogue, or other established place of religious worship;
(3)  a health care facility, as defined by Section 161.471, Health and Safety Code, including a facility a state agency maintains or operates to provide health care, or the office of a health care provider, as defined by Section 161.471, Health and Safety Code, provided that the person is on the premises or grounds of the facility or office for the purpose of receiving medical treatment; or
(4)  a SAFE-ready facility, as defined by Section 323.001, Health and Safety Code, or another facility that provides forensic medical examinations to sexual assault survivors in accordance with Chapter 323, Health and Safety Code, provided that the person is on the premises or grounds of the facility for purposes of obtaining a forensic medical examination and treatment.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 1, eff. March 5, 2024.
Text of article effective on March 05, 2024
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 5B - Procedures for Certain Offenses Involving Illegal Entry Into This State › Article 5B.003. Abatement of Prosecution on Basis of Immigration Status Determination Prohibited

A court may not abate the prosecution of an offense under Chapter 51, Penal Code, on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 1, eff. March 5, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.01. When Magistrate Hears Threat

It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to do some injury to himself or the person or property of another, including the person or property of his spouse, immediately to give notice to some peace officer, in order that such peace officer may use lawful means to prevent the injury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.02. Threat to Take Life

If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the magistrate shall issue a warrant for the arrest of the person making the threat, or in case of emergency, he may himself immediately arrest such person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.03. On Attempt to Injure

Whenever, in the presence or within the observation of a magistrate, an attempt is made by one person to inflict an injury upon himself or to the person or property of another, including the person or property of his spouse, it is his duty to use all lawful means to prevent the injury.  This may be done, either by verbal order to a peace officer to interfere and prevent the injury, or by the issuance of an order of arrest against the offender, or by arresting the offender;  for which purpose he may call upon all persons present to assist in making the arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.04. May Compel Offender to Give Security

When the person making such threat is brought before a magistrate, he may compel him to give security to keep the peace, or commit him to custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.05. Duty of Peace Officer as to Threats

It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power;  and, in order to do this, he may call in aid any number of citizens in his county.  He may take such measures as the person about to be injured might for the prevention of the offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.06. Peace Officer to Prevent Injury

Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it;  and, for this purpose the peace officer may summon any number of the citizens of his county to his aid.  The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.07. Conduct of Peace Officer

The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured.  They may use all force necessary to repel the aggression.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 6 - Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses › Article 6.10. Educational Programs Concerning Certain Offenses Committed by Minors; Mandatory Court Attendance

(a)  In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian.  The term does not include a parent whose parental rights have been terminated.
(b)  This article applies to a defendant who has not had the disabilities of minority removed and has been charged with an offense under Section 43.261, Penal Code.
(c)  The judge of a county court:
(1)  must take the defendant's plea in open court; and
(2)  shall issue a summons to compel the defendant's parent to be present during:
(A)  the taking of the defendant's plea; and
(B)  all other proceedings relating to the case.
(d)  If a county court finds that a defendant has committed an offense under Section 43.261, Penal Code, the court may enter an order requiring the defendant to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(e)  A court that enters an order under Subsection (d) shall require the defendant or the defendant's parent to pay the cost of attending an educational program under Subsection (d) if the court determines that the defendant or the defendant's parent is financially able to make payment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 6, eff. September 1, 2011.
Redesignated from Code of Criminal Procedure, Art/Sec 6.09 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(5), eff. September 1, 2013.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.01. Shall Issue Warrant

Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant, or of another, or that any person has threatened to commit an offense, the magistrate shall immediately issue a warrant for the arrest of the accused;  that he may be brought before such magistrate or before some other named in the warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.02. Appearance Bond Pending Peace Bond Hearing

In proceedings under this Chapter, the accused shall have the right to make an appearance bond;  such bond shall be conditioned as appearance bonds in other cases, and shall be further conditioned that the accused, pending the hearing, will not commit such offense and that he will keep the peace toward the person threatened or about to be injured, and toward all others, pending the hearing.  Should the accused enter into such appearance bond, such fact shall not constitute any evidence of the accusation brought against him at the hearing on the merits before the magistrate.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.03. Accused Brought Before Magistrate

When the accused has been brought before the magistrate, he shall hear proof as to the accusation, and if he be satisfied that there is just reason to apprehend that the offense was intended to be committed, or that the threat was seriously made, he shall make an order that the accused enter into bond in such sum as he may in his discretion require, conditioned that he will not commit such offense, and that he will keep the peace toward the person threatened or about to be injured, and toward all others named in the bond for any period of time, not to exceed one year from the date of the bond.  The magistrate shall admonish the accused that if the accused violates a condition of the bond, the court, in addition to ordering forfeiture of the bond, may punish the accused for contempt under Section 21.002(c), Government Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1997, 75th Leg., ch. 773, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.04. Form of Peace Bond

Such bond shall be sufficient if it be payable to the State of Texas, conditioned as required in said order of the magistrate, be for some certain sum, and be signed by the defendant and his surety or sureties and dated, and the provisions of Article 17.02 permitting the deposit of current United States money in lieu of sureties is applicable to this bond.  No error of form shall vitiate such bond, and no error in the proceedings prior to the execution of the bond shall be a defense in a suit thereon.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.05. Oath of Surety; Bond Filed

The officer taking such bond shall require the sureties of the accused to make oath as to the value of their property as pointed out with regard to bail bonds.  Such officer shall forthwith deposit such bond and oaths in the office of the clerk of the county where such bond is 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 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.06. Amount of Bail

The magistrate, in fixing the amount of such bonds, shall be governed by the pecuniary circumstances of the accused and the nature of the offense threatened or about to be committed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.07. Surety May Exonerate Himself

A surety upon any such bond may, at any time before a breach thereof, exonerate himself from the obligations of the same by delivering to any magistrate of the county where such bond was taken, the person of the defendant;  and such magistrate shall in that case again require of the defendant bond, with other security in the same amount as the first bond;  and the same proceeding shall be had as in the first instance, but the one year's time shall commence to run from the date of the first order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.08. Failure to Give Bond

If the defendant fail to give bond, he shall be committed to jail for one year from the date of the first order requiring such bond.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.09. Discharge of Defendant

A defendant committed for failing to give bond shall be discharged by the officer having him in custody, upon giving the required bond, or at the expiration of the time for which he has been committed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.10. May Discharge Defendant

If the magistrate believes from the evidence that there is no good reason to apprehend that the offense was intended or will be committed, or that no serious threat was made by the defendant, he shall discharge the accused, and may, in his discretion, tax the cost of the proceeding against the party making the complaint.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.13. When the Defendant Has Committed a Crime

If it appears from the evidence before the magistrate that the defendant has committed a criminal offense, the same proceedings shall be had as in other cases where parties are charged with crime.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.14. Costs

If the accused is found subject to the charge and required to give bond, the costs of the proceedings shall be adjudged against him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.15. May Order Protection

When, from the nature of the case and the proof offered to the magistrate, it may appear necessary and proper, he shall have a right to order any peace officer to protect the person or property of any individual threatened;  and such peace officer shall have the right to summon aid by requiring any number of citizens of his county to assist in giving the protection.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.16. Suit on Bond

A suit to forfeit any bond taken under the provisions of this Chapter shall be brought in the name of the State by the district or county attorney in the county where the bond was 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 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.17. Limitation and Procedure

Suits upon such bonds shall be commenced within two years from the breach of the same, and not thereafter, and shall be governed by the same rules as civil actions, except that the sureties may be sued without joining the principal.  To entitle the State to recover, it shall only be necessary to prove that the accused violated any condition of said bond.  The full amount of such bond may be recovered of the accused and the sureties.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7 - Proceedings Before Magistrates to Prevent Offenses › Article 7.18. Contempt

Violation of a condition of bond imposed under this chapter is punishable by:
(1) forfeiture of the bond;
(2) imposition of the fine and confinement for contempt under Section 21.002(c), Government Code;  or
(3) both forfeiture of the bond and imposition of the fine and confinement.
Added by Acts 1997, 75th Leg., ch. 773, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.002. Temporary Ex Parte Order

(a)  If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, indecent assault, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household.
(b)  For purposes of this article, a military protective order issued to a person because the person was a reported victim of an offense under Section 22.011, 22.012, or 22.021, Penal Code, constitutes sufficient information for a court to find there is a clear and present danger of sexual assault or abuse or other harm to the applicant.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.002(c), eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.0021. Standard Temporary Ex Parte Order Form

(a)  The court shall use the standardized temporary ex parte order form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, to issue a temporary ex parte order under Article 7B.002.
(b)  A court's failure to use the standardized temporary ex parte order form as required under Subsection (a) does not affect the validity or enforceability of the temporary ex parte order issued.
Added by Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.003. Required Findings; Issuance of Protective Order

(a)  At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, indecent assault, stalking, or trafficking.
(b)  If the court finds that there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking, the court shall issue a protective order that includes a statement of the required findings.
(c)  An offender's conviction of or placement on deferred adjudication community supervision for an offense listed in Article 7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
(d)  The court shall use the standardized protective order form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, to issue a protective order under this article.
(e)  A court's failure to use the standardized protective order form as required under Subsection (d) does not affect the validity or enforceability of the protective order issued.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.002(d), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.004. Hearsay Statement of Child Victim

In a hearing on an application for a protective order under this subchapter, a statement that is made by a child younger than 14 years of age who is the victim of an offense under Section 21.02, 21.11, 22.011, 22.012, or 22.021, Penal Code, and that describes the offense committed against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006, Family Code, in a suit affecting the parent-child relationship.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.002(e), eff. September 1, 2021.