BPOC Criminal Code of Procedure

When did the Texas Code of Criminal Procedure take effect?

January 1, 1966

What is the object of the Code of Criminal Procedure? (1.03)

This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of the State of Texas, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who will be using them, and all persons whose rights are to be affected by them.

List the 6 things that the Texas Code of Criminal Procedure seeks to accomplish.

a. To adopt measures for preventing the commission of crime.

b. To exclude the offender from all hope of escape.

c. To ensure a trial with as little delay as is consistent with ends of justice.

d. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal.

e. To insure a fair and impartial trial.

f. The certain execution of the sentence of the law when declared.

Article 1.141 Waiver of Indictment for Noncapital Felony

A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony. On waiver as provided in this article, the accused shall be charged by information.

Article 1.051 Right to Representation by Counsel

A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding. The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding.

Article 1.11 Acquittal A Bar

(Acquittal- Judgement that a person is not guilty of the crime they are charged with)

An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been; but if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction.

1.21 Privilege of Legislators

Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.

1.08 Habeas Corpus

The writ of habeas corpus is a writ of right and shall never be suspended.

_____ is a right to bring a body before the court or judge to determine the merits of his claim.

1.04 Due Course of Law

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

1.24 Public Trial

The proceedings and trials in all courts shall be public.

1.27 Common Law Governs

If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law shall be applied and govern.

1.16 Liberty of Speech and Press

Every person shall be at liberty to speak, write or publish his opinion on any subject, being liable for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.

In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the ____________________________________.

defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.

1.06 Searches and Seizure

The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.

1.25 Confronted by Witnesses

The defendant, upon trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where depositions have been taken.

1.17 Religious Belief

No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of any religious belief; but all oaths or affirmations shall be administered in the mode most binding upon the conscience and shall be taken subject to the pains and penalties of perjury.

1.10 Jeopardy

No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

1.05 Rights of Accused

In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or counsel, or both; shall be confronted with the witnesses against him and shall have compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a felony unless on indictment of a grand jury.

1.18 Outlawry & Transportation

No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.

1.15 Jury in Felony

No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering a plea, has in open court in person waived his right of trial by jury in writing in accordance with Articles 1.13 and 1.14; provided, however, that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same.

1.07 Right to bail

All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

1.12 Right to Jury

The right of trial by jury shall remain inviolate.

1.12 Dignity of State

All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and process shall be "The State of Texas". All prosecutions shall be carried on "in the name and by authority of The State of Texas", and conclude, "Against the peace and dignity of the State".

1.09 Cruelty Forbidden

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

1.14 Waiver of Rights

If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other post-conviction proceeding. Nothing in this article prohibits a trial court from requiring that an objection to an indictment or information be made at an earlier time in compliance with Article 28.01 of this code.

1.051 Right to Representation by Counsel

An indigent defendant is entitled to have an attorney appointed to represent him in any adversary judicial proceeding that may result in punishment by confinement and in any other criminal proceeding if the court concludes that the interests of justice require representation.

1.16 Liberty of Speech & Press

In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence.

An appointed counsel is entitled to 10 days to prepare for a proceeding but may waive the preparation time with __________________.

the consent of the defendant in writing or on the record in open court.

1.051 Right of Representation by counsel

If a defendant wishes to waive his right to counsel, the court shall advise him of the dangers and disadvantages of self-representation. If the court determines that the waiver is voluntarily and intelligently made, the court shall provide the defendant with a statement, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings.

1.13 Waiver of Trial by Jury

The defendant in a criminal prosecution for any offense other than a capital felony case in which the State notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the States.

1.051 Right of Representation by Counsel

A defendant may withdraw a waiver of the right to counsel at any time but is not entitled to repeat a proceeding previously held or waived solely on the grounds of the subsequent appointment or retention of counsel.

1.051 Right if Representation by Counsel

Notwithstanding any other provision of this section, if an indigent defendant is released from custody prior to the appointment of counsel under this section, appointment of counsel is not required until the defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first.

State Representative

introduces bills & resolutions, offers amendments & serves on a committee

Justices of the Supreme Court

Hears oral arguments and makes decisions on cases granted certiorari. They are usually cases in controversy from lower appeal courts.

Judges of the Court of Criminal Appeals

After a trial court as decided on a criminal case, the state of the defendant may appeal to a higher court. The appeals to all cases in which the death penalty has been assessed come directly to the court of criminal appeals from the trial. 9 Justices/ Highest Criminal Court.

Governor

Directs the legislature branch and the executive branch of the state government and is the commander in Chief of the Texas Military forces. The Governor has the power to either approve or veto bills passed by the Texas Legislature and the convene the legislature.

Justices of the court of Appeals

(14 Courts) the 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals. The appellate court's task is to determine rather or not the law was applied correctly in the trial court. Appeal courts consist of 3 judges and do not use a jury.

District Court Judge

Have a general jurisdiction of civil and criminal cases. Adopting a county indigent defense plan to provide for adequate representation by counsel of indigent citizens accused of adult and juvie crimes.

Matters appointed by the district and county courts of Jefferson County that give preference to criminal cases

True

1 multiple choice option

County Clerk

Responsible for conducting countywide special and general elections and for handling absentee voting. Acts as a recorder and custodian of important public records, marriage licenses, including all bonds, deeds, birth and death certificates, assumed names and livestock brands, ensuring that records are maintained in a secure, archival manner.

County judges

Preside over the commissioner's court as well as misdemeanor criminal and small civil cases, and probate matters and appeals from the justice. Help govern county govt. provides safety protection, public transportation, parks, water regulation, permits

County Court at Law Judge

issue writs of injunction, mandamus, attachment, garnishment, sequestration, and habeas corpus in cases where the offense charged is within the jurisdiction of the court. The judge also can punish for contempt and has all other powers and duties of the county judge

Judges of county criminal courts

interpret state and local law, hand out penalties to those convicted of crimes and vote on civil disputes. Generally, juries not judges hand out verdicts and determine factual disputes that arise in trial

Judges of statutory probate courts

Specialized courts whose jurisdiction is limited to probate and guardianship matters

Justice of the Peace

Official appointed to act as the judicial officer in a county

Municipal court judge

Local trial courts with limited jurisdiction over violations of city ordinances and very little minor criminal misdemeanors, located in each of Texas incorporated cities and towns. Selected by city council. issues arrest warrants. otherwise do not have civil law jurisdiction except on cases with dangerous dogs

Constable

Serves as a licensed peace officer, serves warrants and civil papers such as subpoenas and restraining orders, Serves as bailiff of justice of the peace court

District Attorney

Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.

What is the duty of a magistrate?

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

What is an examining court?

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.

What limitations are put on the authority of a railroad peace officer?

A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer.

2.122 Special Investigators

Criminal investigators of the United States are not deemed peace officers under the CCP, but have the powers of arrest, search and seizure as to felony offenses under the laws of the State of Texas.

Secret Service

Which (if any) have the power of arrest for misdemeanor offenses under the laws of the State of Texas?

What are the geographical limitations on Adjunct police officers? Example: Private College Campus PD – Baylor, Rice, TCU, etc.

No further than 1 mile past the perimeter of the school. Texarkana is an example of this. A buffer zone on either side of the state border. They have the same powers as any officer. If no arrangement or agreement is made you can enforce state laws from one mile across the border. However, city ordinances cannot be enforced.

To what extent is a peace officer from an adjoining state afforded the same powers, duties and immunities as a peace officer of this state?

Have same powers as they normally would when transporting inmate (only on duty basically), border/ one-mile, Official duty only.

List 5 duties of every peace officer.

1- every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;

2- execute all lawful process issued to the officer by any magistrate or court;

3- give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law;

4- arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

5- ?

When may a peace officer summon citizens of his county to his/her aid?

summon a sufficient number of citizens of his county to overcome the resistance; Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose the peace officer may summon any number of the citizens of his county to his aid. The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.

Any officer who refuses or neglectfully fails to execute a summons, subpoena, attachment for a witness or other legal process which is made his duty by law to execute can be fined...

he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars.

At what time does a peace officer need to accompany a Department of Protective and Regulatory Services investigator in responding to a report that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child?

Have to accompany CPS on initial visit

What is racial profiling?

means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

What 8 things must an officer report for each traffic or pedestrian stop?

1. physical description (gender, race, or ethnicity)

2. alleged violation

3. consent to search (was there a search conducted?)

4. contraband (was there any contraband found?)

5. facts supporting probable cause6. arrest (was an arrest made?)

7. warning or citation issued (which was issued?)

8. date, time and location of offense

Under what 4 conditions can property subject to forfeiture be seized without a warrant?

1. The owner, operator, or agent in charge of the property knowingly consents;

2. The seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents;

3. The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter; or

4. The seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest.

Briefly describe what is "contraband" as defined in the Code of Criminal Procedure.

"Contraband" means property of any nature, including real, personal, tangible, or intangible....

- contraband, the fruits of crime, or things otherwise criminally possessed.

- property designed or intended for use, or which is or has been used as the means of committing a criminal offense

What is the jurisdiction of the Courts of Appeals?

appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.

What is the jurisdiction of the Court of Criminal Appeals?

–the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.

- the power and authority to grant and issue and cause the issuance of such other writs as may be necessary to protect its jurisdiction or enforce its judgments.

- final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final.

What is the jurisdiction of District Courts?

original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.

What is the jurisdiction of County Courts?

The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.

What is the jurisdiction of Justice Courts?

Criminal cases that are punishable by fine only or punishable by a fine and as authorized by statute, a sanction not consisting of confinement or imprisonment. Concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction.

What is the jurisdiction of municipal courts?

Exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that arise under the ordinances of the municipality, are punishable by a fine not to exceed $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or $500 in all other cases arising under a municipal ordinance.

Victims of family violence are entitled to the____________ ____________ from harm or abuse or the _______________ of harm or abuse as is permitted by law.

MAXIMUM PROTECTION

THREAT

What are the primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence?

o 1. Protect the victim

o 2. Enforce the law

o 3. Enforce Protective Orders

o 4. Make lawful arrests of violators

Check and see if it is a foster care home

A peace officer who stays with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety is civilly and criminally liable for the wrongful appropriation of any personal property by the victim.

(True or False)

False

What is the duty of a peace officer when in his presence or view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself?

it is his duty to prevent it

What is the duty of a peace officer whenever a number of persons are assembled in such a manner as to constitute a riot? How may a peace officer fulfill this duty?

it is the duty of every magistrate or peace officer to cause such persons to disperse; commanding them to disperse or by arresting the persons engaged

Who may file an application for a Protective Order for Victim of Sexual Assault?

a person who is the victim of an offense; any adult, including a parent or guardian, who is acting on behalf of a victim; a prosecuting attorney acting on behalf of a person

What is the time limitation for the presentment of indictment on manslaughter?

No Limitation

What is the time limitation for the presentment of indictment on indecency with a child under Section 21.11(a)(1) or (2) of the Penal Code?

No Limitation

What is the time limitation for the presentment of indictment on Robbery?

5 Years

What is the time limitation for the presentment of indictment on any felony not otherwise specifically stated in the CCP?

3 years

What is the time limitation for the presentment of indictment on forgery?

10 years

What is the time limitation for the presentment of indictment on securing execution of document by deception?

7 Years

If the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison (including blood and saliva samples), the warrant must be executed within:

15 Whole Days

If the warrant is issued under Section 5A, Article 18.21 (related to accessing electronic communications), the warrant must be executed within:

10 Whole Days

For all other types of search warrants not related to DNA specimens or electronic communications, the warrant must be executed within:

3 Whole Days

The search warrant must run in the name of _________________meaning that it is issued under the authority of the state.

"The State of Texas,"

(Warrant) must ___________________________________ to be searched.

name or describe, as near as may be, the person, place, or thing

A search warrant may be issued to search for and photograph a child alleged to be the victim of what offenses:

- Injury to a child (Section 22.04, Penal Code)

- Sexual assault of a child (Section 22.011(a), Penal Code)

- Aggravated sexual assault of a child (Section 22.021, Penal Code)

- Continuous sexual abuse of young children (Section 21.02, Penal Code)

CCP 18.02. GROUNDS FOR ISSUANCE

specifies the kinds of property or materials that a magistrate can authorize a peace officer to search for and seize.

CCP 56.02. CRIME VICTIM'S RIGHTS:

outlines the rights afforded to victims of crime in the state of Texas. These rights are intended to ensure that victims are treated with fairness, dignity, and respect throughout the criminal justice process.

CCP 17.292. MAGESTRATES ORDER OF EMERGENCY PROTECTION:

outlines the procedures and circumstances under which a magistrate can issue an emergency protection order (EPO) following a defendant's arrest for certain offenses.

What offenses can an EPO be issued for?

§ Section 20A.02 (Trafficking of Persons)

§ Section 20A.03 (Continuous Trafficking of Persons)

§ Section 22.011 (Sexual Assault)

§ Section 22.012 (Indecent Assault)

§ Section 22.021 (Aggravated Sexual Assault)

§ Section 42.072 (Stalking)

Order for Emergency Protection is to:

provide immediate protection for the victim and restrict the defendant's contact with the victim. This type of order typically imposes restrictions on the defendant, such as prohibiting them from contacting the victim or going near the victim's residence, place of employment, or school.

A "______________________________________" 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.

WARRANT OF ARREST

CCP 15.01.

The affidavit made before the magistrate or district or county attorney is called a "________________________" if it charges the commission of an offense.

COMPLAINT

CCP 15.04.

When an officer is handling a family violence case, he or she must:

Give a written notice to the alleged victim of his or her rights.

Under which of the following situations is an officer NOT permitted to arrest without a warrant? (1)

A credible person alerts a peace officer that a misdemeanor theft has been committed and that the offender is about to escape. (Note: the person only contacts the police, he does not take the thief into custody.)

3 multiple choice options

A/an ____________ is a writ issued by the court or clerk, and directed to "any peace officer of the State of Texas", commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day at a term stated in the writ.

Capias

In CCP 1.03 several specific "objectives" are listed for the code. Which of the following were listed?

"To insure a trial with as little delay as is consistent with the ends of justice."

A person is considered "arrested" when the person has been actually placed under restraint or is ___________.

taken into custody

_____ is a right to bring a body before the court or judge to determine the merits of his claim.

Habeas Corpus