Title CR, Code of Criminal Procedure

Art. 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 jurisdict…

Art. 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 ca…

Art. 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. Ac…

Art. 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.

Art. 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 accus…

Art. 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 admitt…

Art. 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 …

Art. 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 po…

Art. 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 servic…

Art. 11.61. REFUSAL TO OBEY WRIT. Any one having another in his custody, or under his power, control or restraint who refuses to obey a writ of habeas corpus, or who evades the service of the same, or places the person illegally detained under the control of another, removes him,…

Art. 11.62. REFUSAL TO GIVE COPY OF PROCESS. Any jailer, sheriff or other officer who has a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under which he holds the person, is guilty of an offense, and shall be dealt with as provided in Article …

Art. 11.63. HELD UNDER FEDERAL AUTHORITY. No person shall be discharged under the writ of habeas corpus who is in custody by virtue of a commitment for any offense exclusively cognizable by the courts of the United States, or by order or process issuing out of such courts in case…

Art. 11.64. APPLICATION OF CHAPTER. This Chapter applies to all cases of habeas corpus for the enlargement of persons illegally held in custody or in any manner restrained in their personal liberty, for the admission of prisoners to bail, and for the discharge of prisoners before…

Art. 11.65. BOND FOR CERTAIN APPLICANTS. (a) This article applies to an applicant for a writ of habeas corpus seeking relief from the judgment in a criminal case, other than an applicant seeking relief from a judgment imposing a penalty of death. (b) On making proposed findings o…

Art. 12.01. FELONIES. Except as provided in Articles 12.015 and 12.03, felony indictments may be presented within these limits, and not afterward: (1) no limitation: (A) murder and manslaughter; (B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assau…

Art. 12.015. RACKETEERING AND UNLAWFUL DEBT COLLECTION. (a) Except as provided by Subsection (b), a felony indictment for an offense under Section 72.02, 72.03, or 72.04, Penal Code, must be presented not later than five years from the date of the commission of the offense. (b) I…

Art. 12.02. MISDEMEANORS. (a) Except as provided by Subsections (b) and (c), the following charging instruments may be presented within two years from the date of the commission of the offense, and not afterward: (1) an indictment or information for any Class A or Class B misdeme…

Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY. (a) The limitation period for criminal attempt is the same as that of the offense attempted. (b) The limitation period for criminal conspiracy or organized criminal activity is the sa…

Art. 12.04. COMPUTATION. The day on which the offense was committed and the day on which the indictment or information is presented shall be excluded from the computation of time. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec…

Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the accused is absent from the state shall not be computed in the period of limitation. (b) The time during the pendency of an indictment, information, or complaint sh…

Art. 12.06. AN INDICTMENT IS "PRESENTED," WHEN. An indictment is considered as "presented" when it has been duly acted upon by the grand jury and received by the court. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff…

Art. 12.07. AN INFORMATION IS "PRESENTED," WHEN. An information is considered as "presented," when it has been filed by the proper officer in the proper court. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1,…

Art. 13A.001. VENUE GENERALLY. If venue is not specifically stated for an offense, the offense may be prosecuted in the county in which the offense was committed. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 13A.002. PLEADING AND PROVING VENUE. (a) In each case described by this chapter, the indictment or information or any other pleading may allege that the offense was committed in the county in which the prosecution is conducted. (b) An allegation of venue under this article m…

Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED. If an offense has been committed in this state and the county in which the offense was committed cannot be readily determined, the offense may be prosecuted in the county: (1) in which the defendant resides; (2) in which the defendan…

Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY OUTSIDE THIS STATE. (a) An offense committed wholly or partly outside this state under circumstances that give this state jurisdiction to prosecute the defendant may be prosecuted in any county in which: (1) the defendant is found;…

Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY PERSON ACTING FOR STATE. An offense committed outside this state by any officer acting under the authority of this state under circumstances that give this state jurisdiction to prosecute the defendant may be prosecuted in: (1…

Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY. (a) An offense committed on or within 400 yards of the boundaries of two or more counties may be prosecuted in any one of those counties. (b) An offense committed on the premises of an airport operated jointly by two municipali…

Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING IN ANOTHER. An offense in which a person is injured in one county and, as a result of the injury, dies in another county, may be prosecuted in the county in which: (1) the injury was received; (2) the death occurred; or (3) the…

Art. 13A.055. OFFENSE COMMITTED ON VESSEL. An offense committed on board a vessel that at the time of the offense is on a navigable water in the boundaries of this State may be prosecuted in: (1) any county through which the vessel is navigated in the course of the voyage; or (2)…

Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A CHILD. An offense under Title 5, Penal Code, involving a victim younger than 18 years of age, or an offense under Section 25.03, Penal Code, that results in bodily injury to a child younger than 18 years of age, may be prosecuted…

Art. 13A.057. VENUE BY CONSENT. With the consent of the defendant in writing, the defendant's attorney, and the attorney representing the state, the trial of a felony case without a jury may be held in any county in a judicial district for the county in which venue is otherwise a…

Art. 13A.101. CONSPIRACY. (a) Criminal conspiracy may be prosecuted in any county in which: (1) the conspiracy was entered into; (2) the conspiracy was agreed to be executed; or (3) one or more of the conspirators acts to effect an object of the conspiracy. (b) If an object of a …

Art. 13A.151. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, KIDNAPPING, AND SMUGGLING OF PERSONS. Trafficking of persons, false imprisonment, kidnapping, or smuggling of persons may be prosecuted in any county: (1) in which the offense was committed; or (2) through, into, or out of…

Art. 13A.152. SEXUAL ASSAULT. Sexual assault may be prosecuted in any county: (1) in which the offense was committed; or (2) in which the victim was abducted, if applicable, or through or into which the victim was transported in the course of the abduction and sexual assault. Add…

Art. 13A.201. BIGAMY. Bigamy may be prosecuted in any county in which: (1) the bigamous marriage occurred; (2) the parties to the bigamous marriage live together as spouses; or (3) a party to the bigamous marriage not charged with the offense resides. Added by Acts 2023, 88th Leg…

Art. 13A.202. CRIMINAL NONSUPPORT. Criminal nonsupport may be prosecuted in the county in which the person for whom support is not provided resides at the time the information or indictment is presented. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. J…

Art. 13A.203. PROTECTIVE ORDER OFFENSES. An offense under Section 25.07 or 25.072, Penal Code, may be prosecuted in any county in which: (1) the protective order was issued; or (2) the offense was committed, without regard to the identity or location of the court that issued the …

Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY. An offense under Section 25.11, Penal Code, may be prosecuted in any county in which the defendant engaged in the conduct constituting an offense under Section 22.01(a)(1), Penal Code, against a person described by Section 25.…

Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT. (a) An offense involving property that is stolen in one county and removed to another county may be prosecuted in any county: (1) in which the property was stolen; or (2) through or into which the property was removed. (a-…

Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE. Unauthorized use of a vehicle may be prosecuted in: (1) any county in which the unauthorized use of the vehicle occurred; or (2) the county in which the vehicle was originally reported stolen. Added by Acts 2023, 88th Leg., R.S., Ch. 7…

Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17, Penal Code, may be prosecuted in: (1) any county in which the offense was committed; or (2) the county in which the victim resides. Added by Acts 2023, 88th Leg., …

Art. 13A.254. FORGERY. Forgery may be prosecuted in: (1) any county in which the writing was: (A) forged; (B) used or passed or attempted to be used or passed; or (C) deposited or placed with another person, firm, association, or corporation for collection or credit for the accou…

Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE. An offense under Section 32.31, Penal Code, may be prosecuted in any county in which: (1) the offense was committed; or (2) any person whose credit card or debit card was unlawfully possessed or used resides. Added by Acts 2023, 88th…

Art. 13A.2551. FRAUDULENT USE OR POSSESSION OF CREDIT CARD OR DEBIT CARD INFORMATION. An offense under Section 32.315, Penal Code, may be prosecuted in any county in which the offense was committed or in the county of residence for any person whose credit card or debit card infor…

Art. 13A.256. HINDERING SECURED CREDITORS. An offense involving secured property that is taken from one county and unlawfully disposed of in another county or state may be prosecuted in the county: (1) in which the secured property was disposed of; (2) from which the secured prop…