Title CR, Code of Criminal Procedure

Art. 11.05. BY WHOM WRIT MAY BE ISSUED. The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty, on proper application, to issue the writ under the rules prescribed by law. Acts …

Art. 11.051. FILING FEE PROHIBITED. Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application for a writ of habeas corpus. Added by Acts 1999, 76th Leg., ch. 392, Sec. 1, eff. Aug. 30, 1999. Amended by: Acts 2023, 8…

Art. 11.06. WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION. (a) If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which: (1) the applicant is confined to the custody of the sheriff or …

Art. 11.07. PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY Sec. 1. This article establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief from a felony judgment imposing a penalty other than death. Sec. 2. Repealed by Acts 2023,…

Art. 11.071. PROCEDURE IN DEATH PENALTY CASE Sec. 1. APPLICATION TO DEATH PENALTY CASE. Notwithstanding any other provision of this chapter, this article establishes the procedures for an application for a writ of habeas corpus in which the applicant seeks relief from a judgment …

Art. 11.072. PROCEDURE IN COMMUNITY SUPERVISION CASE. 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 su…

Art. 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 a…

Art. 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…

Art. 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) o…

Art. 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 cour…

Art. 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…

Art. 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 …

Art. 11.11. EARLY HEARING. The time so appointed shall be the earliest day which the judge can devote to hearing the cause of the applicant. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 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 Le…

Art. 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 applic…

Art. 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 desc…

Art. 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. Ac…

Art. 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 t…

Art. 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 s…

Art. 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…

Art. 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 …

Art. 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.

Art. 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 …

Art. 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.…

Art. 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 no…

Art. 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 bai…

Art. 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 or…

Art. 11.26. WHO MAY SERVE WRIT. The service of the writ may be made by any person competent to testify. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 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 informe…

Art. 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.

Art. 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., …

Art. 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…

Art. 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 appoint…

Art. 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 …

Art. 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), S…

Art. 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 s…

Art. 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 th…

Art. 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 …

Art. 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 ca…

Art. 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 pr…

Art. 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…

Art. 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,…

Art. 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 …

Art. 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, c…

Art. 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.

Art. 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 custo…