Title CR, Code of Criminal Procedure

Art. 44.16. APPEAL BOND GIVEN WITHIN WHAT TIME. If the defendant is not in custody, a notice of appeal as provided in Article 44.13 shall have no effect whatever until the required appeal bond has been given and approved. The appeal bond shall be given within ten days after the s…

Art. 44.17. APPEAL TO COUNTY COURT, HOW CONDUCTED . In all appeals to a county court from justice courts and municipal courts other than municipal courts of record, the trial shall be de novo in the trial in the county court, the same as if the prosecution had been originally com…

Art. 44.18. ORIGINAL PAPERS SENT UP. In appeals from justice and corporation courts, all the original papers in the case, together with the appeal bond, if any, and together, with a certified transcript of all the proceedings had in the case before such court shall be delivered w…

Art. 44.181. DEFECT IN COMPLAINT. (a) A court conducting a trial de novo based on an appeal from a justice or municipal court may dismiss the case because of a defect in the complaint only if the defendant objected to the defect before the trial began in the justice or municipal …

Art. 44.19. WITNESSES NOT AGAIN SUMMONED. In the cases mentioned in the preceding Article, the witnesses who have been summoned or attached to appear in the case before the court below, shall appear before the court to which the appeal is taken without further process. In case of…

Art. 44.20. RULES GOVERNING APPEAL BONDS. The rules governing the taking and forfeiture of bail shall govern appeal bonds, and the forfeiture and collection of such appeal bonds shall be in the court to which such appeal is taken. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.21. CLERK TO MAKE LIST OF CASES. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Sess…

Art. 44.22. FAILURE TO RECEIVE RECORD. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Sessio…

Art. 44.23. APPEALS, WHEN DETERMINED. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session…

Art. 44.24. PRESUMPTIONS ON APPEAL; DECISIONS BY THE APPELLATE COURT. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 6…

Art. 44.25. CASES REMANDED. The courts of appeals, other than the Court of Appeals of the Fifteenth Court of Appeals District, or the Court of Criminal Appeals may reverse the judgment in a criminal action, as well upon the law as upon the facts. Amended by: Acts 2023, 88th Leg.,…

Art. 44.251. REFORMATION OF SENTENCE IN CAPITAL CASE. (a) The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life without parole if the court finds that there is legally insufficient evidence…

Art. 44.2511. REFORMATION OF SENTENCE IN CAPITAL CASE FOR OFFENSE COMMITTED BEFORE SEPTEMBER 1, 1991. (a) This article applies to the reformation of a sentence of death in a capital case for an offense committed before September 1, 1991. For purposes of this subsection, an offens…

Art. 44.26. DUTY OF THE CLERK AFTER JUDGMENT. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular…

Art. 44.27. MANDATE TO BE FILED. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 198…

Art. 44.28. WHEN MISDEMEANOR IS AFFIRMED. In misdemeanor cases where there has been an affirmance, no proceedings need be had after filing the mandate, except to forfeit the bond of the defendant, or to issue a capias for the defendant, or an execution against his property, to en…

Art. 44.281. DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR AFFIRMED. In misdemeanor cases affirmed on appeal from a municipal court, the fine imposed on appeal and the costs imposed on appeal shall be collected from the defendant, and the fine of the municipal court when collec…

Art. 44.2811. RECORDS RELATING TO CERTAIN FINE-ONLY MISDEMEANORS COMMITTED BY A CHILD. All records and files and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a criminal case for a fine-only misdemeanor, other tha…

Art. 44.2812. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY MISDEMEANOR. (a) Except as provided by Subsection (b) and Article 45A.055(b), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense p…

Art. 44.29. EFFECT OF REVERSAL. (a) Where the court of appeals or the Court of Criminal Appeals awards a new trial to the defendant on the basis of an error in the guilt or innocence stage of the trial or on the basis of errors in both the guilt or innocence stage of the trial an…

Art. 44.30. MOTION IN ARREST OF JUDGMENT. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Ses…

Art. 44.31. DEFENDANT DISCHARGED, WHEN. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Sessi…

Art. 44.32. BAIL AFTER REVERSAL. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 198…

Art. 44.33. HEARING IN APPELLATE COURT. (a) The Court of Criminal Appeals shall make rules of posttrial and appellate procedure as to the hearing of criminal actions not inconsistent with this Code. After the record is filed in the Court of Appeals or the Court of Criminal Appeal…

Art. 44.34. APPEAL IN HABEAS CORPUS. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session,…

Art. 44.35. BAIL PENDING HABEAS CORPUS APPEAL. In any habeas corpus proceeding in any court or before any judge in this State where the defendant is remanded to the custody of an officer and an appeal is taken to an appellate court, the defendant shall be allowed bail by the cour…

Art. 44.36. HEARING HABEAS CORPUS. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1…

Art. 44.37. ORDERS ON APPEAL. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, …

Art. 44.38. JUDGMENT CONCLUSIVE. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 198…

Art. 44.39. APPELLANT DETAINED BY OTHER THAN OFFICER. If the appellant in a case of habeas corpus be detained by any person other than an officer, the sheriff receiving the mandate of the appellate court, shall immediately cause the person so held to be discharged; and the mandat…

Art. 44.40. JUDGMENT TO BE CERTIFIED. By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session…

Art. 44.41. WHO SHALL TAKE BAIL BOND. When, by the judgment of the appellate court upon cases of habeas corpus, the applicant is ordered to give bail, such judgment shall be certified to the officer holding him in custody; and if such officer be the sheriff, the bail bond may be …

Art. 44.42. APPEAL ON FORFEITURES. An appeal may be taken by the defendant from every final judgment rendered upon a personal bond, bail bond or bond taken for the prevention or suppression of offenses, where such judgment is for twenty dollars or more, exclusive of costs, but no…

Art. 44.43. WRIT OF ERROR. The defendant may also have any such judgment as is mentioned in the preceding Article, and which may have been rendered in courts other than the justice and corporation courts, reviewed upon writ of error. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 44.44. RULES IN FORFEITURES. In the cases provided for in the two preceding Articles, the proceeding shall be regulated by the same rules that govern civil actions where an appeal is taken or a writ of error sued out. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. By order o…

Art. 44.45. REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court of Criminal Appeals may review decisions of the court of appeals on its own motion. An order for review must be filed before the decision of the court of appeals becomes final as determined by Article 42.045. (b) The …

Art. 44.46. REVERSAL OF CONVICTION ON THE BASIS OF SERVICE ON JURY BY A DISQUALIFIED JUROR. A conviction in a criminal case may be reversed on appeal on the ground that a juror in the case was absolutely disqualified from service under Article 35.19 of this code only if: (1) the …

Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES. (a) The purpose of this chapter is to establish procedures for processing cases under the criminal jurisdiction of the justice and municipal courts. (b) This chapter is intended and shall be construed to achieve the following objectiv…

Art. 45A.002. DEFINITIONS. In this chapter: (1) "Complaint" means a sworn allegation charging an accused person with the commission of an offense. (2) "Cost" includes any fee, including a reimbursement fee, imposed on a defendant by a justice or judge, unless the context clearly …

Art. 45A.003. APPLICABILITY. (a) A criminal proceeding in a justice or municipal court shall be conducted in accordance with this chapter. (b) If this chapter does not provide a rule of procedure governing an aspect of a case, the justice or judge shall apply the other general pr…

Art. 45A.004. RULES OF EVIDENCE. The rules of evidence that apply to the trial of a criminal action in a district court apply to a criminal proceeding in a justice or municipal court. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 45A.005. PROSECUTING ATTORNEY. (a) A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court. (b) Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the coun…

Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS. The primary duty of a municipal attorney is not to convict, but to see that justice is done. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025. SUBCHAPTER B. COURT RECORDS

Art. 45A.051. ELECTRONIC RECORDS. (a) Notwithstanding any other law, a document issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including: (1) optical imaging; (2) optical disk;…

Art. 45A.052. COURT SEAL. (a) A justice or municipal court shall have a court seal. (b) The impression of the court seal must be: (1) attached to all papers issued out of the justice or municipal court except subpoenas; and (2) used to authenticate the official acts of the clerk …

Art. 45A.053. DOCKET. The justice or judge of a justice or municipal court or, if directed by the justice or judge, the clerk of the court shall keep a docket containing the following information: (1) the style and file number of each criminal action; (2) the nature of the offens…