Cclea 78 6 Reading Assignment: Code Of Criminal Procedure-Structure

Front 1

Specific provisions in the Code of Criminal Procedure can be difficult to locate for the following reasons:

Back 1

• The Legislature changes the Code in some way every two years.
• Some topics are codified in unusual places.
• Some articles refer to other articles or other codes.
• Because of its complexity, there is always information that is overlooked.

Front 2

The Code of Criminal Procedure is divided into two sections—Title __ and Title __.

Back 2

I
2

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Title I Introductory Provisions (Chs. 1-3):

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These chapters list objectives of the Code; defendants’ rights; duties of peace officers, prosecutors, magistrates, investigators, and clerks; and other general provisions.

Front 4

Title I Courts and Criminal Jurisdiction (Ch. 4):

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This chapter lists the criminal courts, along with crimes that may be tried in each court. Municipal court jurisdiction is found in Article 4.14.

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Title I Prevention and Suppression of Crimes (Chs. 5-10):

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These chapters involve family violence and protective orders, peace bonds, suppression of riots, and obstructions of public highways.

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Title I Habeas Corpus (Ch. 11):

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This chapter contains provisions relating to writs of habeas corpus, which are issued when someone is held in jail or under restraint without adequate probable cause.

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Title I Limitation and Venue (Chs. 12 and 13):

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These chapters provide time periods, or limitations, by which a person must be charged with an offense and venue, which is the location where a particular offense must be prosecuted. The time limitation is commonly called the “statute of limitations.”

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Title I Arrest, Commitment, and Bail (Chs. 14-17):

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These chapters govern arrests without warrants, arrests with warrants, examining trials, magistrate warnings, bail, and the criminal responsibility of corporations and associations.

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Title I Search Warrants (Ch. 18):

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This chapter contains rules relating to search warrants, including wire-taps. There are also specific provisions for disposing of abandoned or unclaimed property, gambling paraphernalia, and weapons.

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Title I After Commitment or Bail and Before the Trial (Chs. 19-31):

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These chapters contain provisions relating to grand juries, indictments and information, bond forfeitures, capiases, subpoenas and writs of attachment, arraignments, pleadings in a criminal case, defendants’ pleas, motions, continuances, disqualification of a judge, and venue changes.

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Title I Trial and Its Incidents (Chs. 32-39):

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These chapters contain provisions about jury service, including whether a defendant must be present for trial, bail during trial, the criminal docket, and special rules relating to capital murder cases. Also included in these chapters are rules concerning the formation of the jury, such as qualifications of a juror, who may be excused, and how voir dire (jury selection) should be conducted. Chapter 36 contains provisions for trial procedures, including order of argument, jury charge, and jury deliberations. Chapter 37 contains rules about the verdict. Chapter 38 contains evidence rules applicable to criminal cases. (A separate collection of statutes called the Texas Rules of Evidence also applies to criminal trials). Chapter 39 contains rules for taking depositions and handling motions for discovery.

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Title I Proceedings after the Verdict (Chs. 40-43):

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These chapters contain rules for handling motions for new trial, judgments, pronouncing sentences, adult probation laws, and execution of the judgment by paying of fines or imprisonment.

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Title I Appeal and Writ of Error (Ch.44):

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This chapter contains rules for appeals, which includes some rules for municipal court appeals. (Most rules governing municipal court appeals are in Chapter 45.)

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Title I Justice and Municipal Courts (Ch. 45):

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This chapter provides specific rules for justice and municipal courts. It includes rules for complaints, docketing, pleas, trials, warrants, judgments, new trials, appeals, capiases pro fine, service of process, deferred disposition, driving safety courses, provisions regarding a city’s responsibility for enforcing collection of fines, and special handling provisions for persons under the age of 17. Officers should become familiar with this chapter and always look to Chapter 45 first when researching any municipal court procedure.

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Title I Insanity as Defense (Ch. 46):

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This chapter contains insanity defenses

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Title I Aids and HIV Testing in County and Municipal Jails (Ch. 46A):

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This chapter provides for testing, segregation, and disclosure of AIDS and HIV in municipal jails.

Front 17

Title I Pardon and Parole (Ch. 48):

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This chapter outlines the governor’s powers to grant pardons.

Front 18

Title I Inquests (Chs. 49 and 50):

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Chapter 49 provides procedures for conducting inquests on dead bodies. Chapter 50 provides procedures for fire inquests.

Front 19

Title I Miscellaneous Proceedings (Chs. 51-55):

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These chapters relate to fugitives, courts of inquiry, costs and fees, and expunction of records.

Front 20

Title I Victims (Chs. 56 and 57):

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Chapter 56 provides for the rights and compensation of victims of crime. Chapter 57 provides for confidentiality of sex offense victims.

Front 21

Title I Forfeiture of Contraband (Ch. 59):

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This chapter provides for the seizure and disposition of contraband.

Front 22

Title I Criminal Records (Chs. 60 and 61):

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Chapter 60 provides for a criminal history record system. Chapter 61 provides for compilation, release, and destruction of information relating to criminal records.

Front 23

Title I Missing Children and Missing Persons (Ch. 62):

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This chapter provides for an information clearinghouse, release of records, law enforcement requirements, confidentiality of certain records, and other procedures in handling missing persons.

Front 24

Title I Sex Offender Registration Program (Ch. 62):

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This chapter provides for registration, prerelease notification, central database, and failure to comply with registration requirements for sex offenders.

Front 25

Title 2 contains ___ chapters—___ through ___. These chapters relate to costs, collection of costs, recordkeeping, and private and public vendor collection contracts. Some provisions relate directly to justice court and municipal courts.

Back 25

4
101-104

Front 26

Title I Aids and HIV Testing in County and Municipal Jails (Ch. 46A):

Back 26

This chapter provides for testing, segregation, and disclosure of AIDS and HIV in municipal jails.

Front 27

Title I Pardon and Parole (Ch. 48):

Back 27

This chapter outlines the governor’s powers to grant pardons.

Front 28

Title I Inquests (Chs. 49 and 50):

Back 28

Chapter 49 provides procedures for conducting inquests on dead bodies. Chapter 50 provides procedures for fire inquests.

Front 29

Title I Miscellaneous Proceedings (Chs. 51-55):

Back 29

These chapters relate to fugitives, courts of inquiry, costs and fees, and expunction of records.

Front 30

Title I Victims (Chs. 56 and 57):

Back 30

Chapter 56 provides for the rights and compensation of victims of crime. Chapter 57 provides for confidentiality of sex offense victims.

Front 31

Title I Forfeiture of Contraband (Ch. 59):

Back 31

This chapter provides for the seizure and disposition of contraband.

Front 32

Title I Criminal Records (Chs. 60 and 61):

Back 32

Chapter 60 provides for a criminal history record system. Chapter 61 provides for compilation, release, and destruction of information relating to criminal records.

Front 33

Title I Missing Children and Missing Persons (Ch. 62):

Back 33

This chapter provides for an information clearinghouse, release of records, law enforcement requirements, confidentiality of certain records, and other procedures in handling missing persons.

Front 34

Title I Sex Offender Registration Program (Ch. 62):

Back 34

This chapter provides for registration, prerelease notification, central database, and failure to comply with registration requirements for sex offenders.

Front 35

Title 2 contains ___ chapters—___ through ___. These chapters relate to costs, collection of costs, recordkeeping, and private and public vendor collection contracts. Some provisions relate directly to justice court and municipal courts.

Back 35

4
101-104

Front 36

Title 2 General Provisions (Ch. 101):

Back 36

This chapter contains the purpose of Title 2, provides that the Code Construction Act applies to the construction of Title 2, and general provisions about references to chapters and articles.

Front 37

Title 2 Costs Paid by Defendants (Ch. 102):

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This chapter provides for fees and certain court costs. Not all the fees are applicable to municipal courts. The following fees are applicable to municipal courts:
− fees for services of peace officers (Art. 102.001);
− jury fees (Art. 102.004);
− fees in expunction proceedings (Art. 102.006);
− fees for services of a peace officer (Art. 102.011);
− Child Safety Fund Court Costs (Art. 102.014);
− Building Security Fund (Art. 102.017);
− Technology Fund (Art. 102.0172); and
− Juvenile Case Manager Fund (Art. 102.0174).

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Title 2 Collection and Recordkeeping (Ch. 103):

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This chapter contains provisions for the collection and recordkeeping of certain court costs. It provides authority for a municipality to enter into a contract for collection of fines, fees, restitution, and failures to appear that are more than 60 days past due. The chapter also requires cities with populations of 100,000 or greater to develop and implement a collection improvement program. This initiative is monitored by the Office of Court Administration and the State Comptroller, and is designed to improve court collections.

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Title 2 Certain Expenses Paid by State or County (Ch. 104):

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This chapter provides for paying certain jury, prisoner, and prosecution expenses. This chapter does not apply to municipal courts.