Title CR, Code of Criminal Procedure

Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE. An offense under Section 32.52, Penal Code, may be prosecuted in: (1) any county in which an element of the offense occurs; or (2) Travis County. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff…

Art. 13A.262. MORTGAGE FRAUD. (a) In this article, "real estate transaction" means a sale, lease, trade, exchange, gift, grant, or other conveyance of a real property interest. (b) Any offense under Chapter 32, Penal Code, that involves a real estate transaction may be prosecuted…

Art. 13A.263. COMPUTER OFFENSES. (a) In this article, "access," "computer," "computer network," "computer program," "computer system," and "owner" have the meanings assigned by Section 33.01, Penal Code. (b) An offense under Chapter 33, Penal Code, may be prosecuted in any county…

Art. 13A.264. TELECOMMUNICATIONS OFFENSES. An offense under Chapter 33A, Penal Code, may be prosecuted in any county: (1) in which the telecommunications service originated or terminated; or (2) to which the bill for the telecommunications service was or would have been delivered…

Art. 13A.265. MONEY LAUNDERING. Money laundering may be prosecuted in: (1) any county in which the offense was committed; or (2) if the prosecution is based on an offense classified as a felony under the Tax Code, any county in which venue is proper under the Tax Code for the off…

Art. 13A.301. OBSTRUCTION OR RETALIATION. An offense under Section 36.06(a)(1), Penal Code, may be prosecuted in any county in which: (1) the harm occurs; or (2) the threat to do harm originated or was received. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001…

Art. 13A.302. PERJURY. Perjury or aggravated perjury may be prosecuted in any county in which: (1) the offense was committed; or (2) the false statement is used or attempted to be used. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 13A.303. RECORD OF A FRAUDULENT COURT. An offense under Section 37.13, Penal Code, may be prosecuted in any county: (1) from which any material document was sent; or (2) in which any material document was delivered. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), S…

Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE. An offense under Section 38.06 or 38.113, Penal Code, may be prosecuted in any county in which: (1) the offense was committed; or (2) the defendant committed the offense for which the defendant was placed in custody, detained, or requir…

Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY RESPONSE. An offense under Section 42.0601, Penal Code, may be prosecuted in any county in which: (1) the defendant resides; (2) the false report was made; or (3) a law enforcement agency or other emergency responder responded to the…

Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. Engaging in organized criminal activity may be prosecuted in: (1) any county in which an act is committed to effect an objective of the combination; (2) if the prosecution is based on an offense involving theft of intangible …

Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION STATUTE. An offense under Chapter 62 may be prosecuted in any county in which: (1) an element of the offense occurs; (2) the defendant last registered, verified registration, or otherwise complied with a requirement u…

Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. An offense described by Article 104.003(a) committed by an employee or officer of the Texas Juvenile Justice Department or a person providing services under a contract with the …

Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA. Possession or delivery of marihuana may be prosecuted in: (1) any county in which the offense was committed; or (2) with the consent of the defendant, any county that is adjacent to and in the same judicial district as any count…

Art. 13A.554. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED SEXUALLY VIOLENT PREDATOR. A felony offense committed by a person civilly committed under Chapter 841, Health and Safety Code, may be prosecuted in: (1) any county in which an element of the offense occurs; or (2) the co…

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. (b) A peace …

Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender. Acts 1965, 59th Leg., vo…

Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant: (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach…

Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who is not a child, as defined by Section 51.02, Family Code, and who commits an offense under Section 49.02, Penal Code, a peace officer may release the individual if: (1) the officer believes detention in …

Art. 14.035. AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the…

Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such pe…

Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arr…

Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. (a) A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this…

Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a) In this article, "ward" has the meaning assigned by Section 22.033, Estates Code. (b) As soon as practicable, but not later than the first working day after the date a peace officer detains or arrests a person who is a war…

Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unne…

Art. 15.01. WARRANT OF ARREST. A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. Acts 1965, 59th Leg…

Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some rea…

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order verbally the arrest of an offender; 2. When any person shall make oath before the magistrate that another has…

Art. 15.04. COMPLAINT. The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.05. REQUISITES OF COMPLAINT. The complaint shall be sufficient, without regard to form, if it have these substantial requisites: 1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him. 2. It must show th…

Art. 15.051. POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED. (a) A peace officer or an attorney representing the state may not require, request, or take a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Section 2…

Art. 15.052. ADDITIONAL INFORMATION FOR COMPLAINTS FOR CERTAIN OFFENSES. (a) A person making a complaint alleging the commission of an offense described by Article 17.292(a) shall include the information necessary for the issuance of a magistrate's order for emergency protection …

Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed…

Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except: 1. It be endorsed by a judge of a court of record, in which case it ma…

Art. 15.08. WARRANT MAY BE FORWARDED. A warrant of arrest may be forwarded by any method that ensures the transmission of a duplicate of the original warrant, including secure facsimile transmission or other secure electronic means. If issued by any magistrate named in Article 15…

Art. 15.09. COMPLAINT MAY BE FORWARDED. A complaint in accordance with Article 15.05, may be forwarded as provided by Article 15.08 to any magistrate in the State; and the magistrate who receives the same shall forthwith issue a warrant for the arrest of the accused; and the accu…

Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY. If a prosecution of a defendant is dismissed under Article 32.01, the defendant may be rearrested for the same criminal conduct alleged in the dismissed prosecution only upon presentation of indictment or information for the of…

Art. 15.16. HOW WARRANT IS EXECUTED. (a) The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the s…

Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the p…

Art. 15.171. DUTY OF OFFICER TO NOTIFY PROBATE COURT. (a) In this article, "ward" has the meaning assigned by Section 22.033, Estates Code. (b) As soon as practicable, but not later than the first working day after the date a peace officer arrests a person who is a ward, the peac…

Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arreste…

Art. 15.19. NOTICE OF ARREST. (a) If the arrested person fails or refuses to give bail, as provided in Article 15.18, the arrested person shall be committed to the jail of the county where the person was arrested. The magistrate committing the arrested person shall immediately pr…

Art. 15.20. DUTY OF SHERIFF RECEIVING NOTICE. (a) Subject to Subsection (b), the sheriff receiving the notice of arrest and commitment under Article 15.19 shall forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate…

Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY DEMANDED. If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the d…

Art. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant. Acts 1965, 59th Leg., vol. 2, p. 317, …

Art. 15.23. TIME OF ARREST. An arrest may be made on any day or at any time of the day or night. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.