Title CR, Code of Criminal Procedure

Art. 20A.152. ADVICE FROM COURT. (a) The grand jury may seek and receive advice from the court regarding any matter before the grand jury. For that purpose, the grand jury shall go into court in a body. (b) The grand jury shall ensure that the manner in which the grand jury's que…

Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED PERSON'S TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused or suspected person before the grand jury and that person's testimony shall be recorded by a stenographer or by use of an electronic device capable of recor…

Art. 20A.202. PROCEEDINGS SECRET. (a) Grand jury proceedings are secret. (b) A subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the gra…

Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, person preparing a typewritten transcription of a stenographic or electronic recording, or person operating a vid…

Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING STATE. (a) The attorney representing the state may not disclose anything transpiring before the grand jury except as permitted by this article or Article 20A.205(a) or (b). (b) In performing the attorney's duties, the attorney rep…

Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT. (a) The defendant may petition a court to order the disclosure of information made secret by Article 20A.202, 20A.203(a), or 20A.204, including a recording or typewritten transcription under Article 20A.201, as a matter prelimin…

Art. 20A.251. IN-COUNTY WITNESS. (a) In term time or vacation, the foreperson or the attorney representing the state may issue a summons or attachment for any witness in the county in which the grand jury sits. (b) A summons or attachment issued under Subsection (a) may require t…

Art. 20A.252. OUT-OF-COUNTY WITNESS. (a) The foreperson or the attorney representing the state may cause a subpoena or attachment for a witness to be issued to any county in the state by submitting a written application to the district court stating the name and residence of the …

Art. 20A.253. EXECUTION OF PROCESS. (a) A bailiff or other officer who receives process to be served from the grand jury shall immediately execute the process and return the process to: (1) the foreperson, if the grand jury is in session; or (2) the district clerk, if the grand j…

Art. 20A.254. EVASION OF PROCESS. If the court determines that a witness for whom an attachment has been issued to appear before the grand jury is in any manner wilfully evading the service of the summons or attachment, the court may fine the witness, as for contempt, in an amoun…

Art. 20A.255. WITNESS REFUSAL TO TESTIFY. (a) If a witness brought in any manner before a grand jury refuses to testify, the witness's refusal shall be communicated to the attorney representing the state or to the court. (b) The court may compel a witness described by Subsection …

Art. 20A.256. WITNESS OATH. Before each witness is examined, the foreperson or a person under the foreperson's direction shall administer the following oath to the witness: "You solemnly swear that you will not reveal, by your words or conduct, and will keep secret any matter abo…

Art. 20A.257. EXAMINATION OF WITNESSES. (a) Only a grand juror or the attorney representing the state may examine a witness before the grand jury. (b) The attorney representing the state shall advise the grand jury regarding the proper mode of examining a witness. (c) If a felony…

Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED PERSON. (a) Before the examination of an accused or suspected person who is subpoenaed to appear before the grand jury, the person shall be: (1) provided the warnings described by Subsection (b) orally and in writing; and (2) give…

Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO TELECONFERENCING. (a) With the consent of the foreperson and the attorney representing the state, a peace officer summoned to testify before the grand jury may testify through the use of a closed circuit video teleconferencing system…

Art. 20A.301. VOTING ON INDICTMENT. After all the testimony accessible to the grand jury has been given with respect to any criminal accusation, the grand jury shall vote on the presentment of an indictment. If at least nine grand jurors concur in finding the bill, the foreperson…

Art. 20A.302. PREPARATION OF INDICTMENT. (a) The attorney representing the state shall prepare, with as little delay as possible, each indictment found by the grand jury and shall deliver the indictment to the foreperson. The attorney shall endorse on the indictment the name of e…

Art. 20A.303. PRESENTMENT OF INDICTMENT. When an indictment is ready to be presented, the grand jury shall, through the foreperson, deliver the indictment to the judge or court clerk. At least nine grand jurors must be present to deliver the indictment. Added by Acts 2019, 86th L…

Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN RECORD. (a) If the defendant is in custody or under bond at the time the indictment is presented, the fact of the presentment shall be entered in the court's record, noting briefly the style of the criminal action, the file numbe…

Art. 21.01. "INDICTMENT". An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 21.011. FILING OF CHARGING INSTRUMENT OR RELATED DOCUMENT IN ELECTRONIC FORM. (a) An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a judge or clerk of the court authorized to rec…

Art. 21.02. REQUISITES OF AN INDICTMENT. An indictment shall be deemed sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of The State of Texas". 2. It must appear that the same was presented in the district court of the county wher…

Art. 21.03. WHAT SHOULD BE STATED. Everything should be stated in an indictment which is necessary to be proved. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 21.04. THE CERTAINTY REQUIRED. The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 21.05. PARTICULAR INTENT; INTENT TO DEFRAUD. Where a particular intent is a material fact in the description of the offense, it must be stated in the indictment; but in any case where an intent to defraud is required to constitute an offense, it shall be sufficient to allege…

Art. 21.06. ALLEGATION OF VENUE. When the offense may be prosecuted in either of two or more counties, the indictment may allege the offense to have been committed in the county where the same is prosecuted, or in any county or place where the offense was actually committed. Acts…

Art. 21.07. ALLEGATION OF NAME. In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state one or more of the initials of the given name and the surname. When a person is known by two or more names, it s…

Art. 21.08. ALLEGATION OF OWNERSHIP. Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either. Where property is owned in common, or jointly, by two or more persons, the ownership may be alleged to…

Art. 21.09. DESCRIPTION OF PROPERTY. If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership. When such is unknown, that fact shall be stated, and a general classification, describing and identifying the property as near as ma…

Art. 21.10. "FELONIOUS" AND "FELONIOUSLY". It is not necessary to use the words "Felonious" or "feloniously" in any indictment. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 21.11. CERTAINTY; WHAT SUFFICIENT. An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty th…

Art. 21.12. SPECIAL AND GENERAL TERMS. When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the special term. To charge an unlawful sale, it is necessary to name the purchaser. Acts 196…

Art. 21.13. ACT WITH INTENT TO COMMIT AN OFFENSE. An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent to commit such other offense. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 19…

Art. 21.14. PERJURY AND AGGRAVATED PERJURY. (a) An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the same, and no such indictment shall be held insufficient on account of any variance which…

Art. 21.15. MUST ALLEGE ACTS OF RECKLESSNESS OR CRIMINAL NEGLIGENCE. Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, th…

Art. 21.155. ORGANIZED RETAIL THEFT. (a) In this article, "merchant" has the meaning assigned by Section 31.01, Penal Code. (b) Notwithstanding Article 21.09, an indictment or information in the prosecution of an offense under Section 31.16, Penal Code, shall not be held insuffic…

Art. 21.16. CERTAIN FORMS OF INDICTMENTS. The following form of indictments is sufficient: ""In the name and by authority of the State of Texas: The grand jury of ............ County, State of Texas, duly organized at the ............ term, A.D. ............, of the district cour…

Art. 21.17. FOLLOWING STATUTORY WORDS. Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning, or which include the sense of the statutory words. Acts 1965, 59th Leg., p. 317, ch.…

Art. 21.18. MATTERS OF JUDICIAL NOTICE. Presumptions of law and matters of which judicial notice is taken (among which are included the authority and duties of all officers elected or appointed under the General Laws of this State) need not be stated in an indictment. Acts 1965, …

Art. 21.19. DEFECTS OF FORM. An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form which does not prejudice the substantial rights of the defendant. Acts 1965, 59th Leg., p. 317, ch. 7…

Art. 21.20. "INFORMATION". An "Information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, …

Art. 21.21. REQUISITES OF AN INFORMATION. An information is sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of the State of Texas"; 2. That it appear to have been presented in a court having jurisdiction of the offense set forth;…

Art. 21.22. INFORMATION BASED UPON COMPLAINT. No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information. It may be sworn to before the district or county attorn…

Art. 21.23. RULES AS TO INDICTMENT APPLY TO INFORMATION. The rules with respect to allegations in an indictment and the certainty required apply also to an information. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 21.24. JOINDER OF CERTAIN OFFENSES. (a) Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in Chapter 3 of the Penal Code. (b) …

Art. 21.25. WHEN INDICTMENT HAS BEEN LOST, ETC. When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court; and the same shall be entered upon the minutes of the court. In such case, anothe…