Texas Code of Criminal Procedure EVERYTHING txt

The code of criminal procedure shall take effect and be in force on and after ___.

January 1, 1966

(CCP 1.02)

What are the objects of the CCP?

1) to adopt measures for preventing crime

2) to exclude offender from all hope of escape

3) to insure a trial with as little delay as possible

4) to bring the investigation of each offense on the trial all the evidence to produce conviction or acquittal

5) to insure a fair and impartial trial

6) to execute the sentences of the law when declared

What is the due course of law?

that no citizen 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 (CCP 1.04)

In criminal prosecutions the accused shall have a ___________________ by an impartial jury.

speedy public trial

(CCP 1.05)

He shall have the right to demand, what?

the nature and cause of the accusation against him, and to have a copy thereof

(CCP 1.05)

He shall not be compelled to do what?

give evidence against himself.

(CCP 1.05)

He shall have the right of being heard by __________, or ___________, or __________

himself; counsel; both

(CCP 1.05)

Shall be confronted with the ____________ against him, and shall have compulsory process for obtaining ___________ in his favor.

witnesses

(CCP 1.05)

No person shall be held to answer for what?

a felony unless on indictment of a grand jury

(CCP 1.05)

A defendant in a _______________ is entitled to be represented by counsel an adversarial judicial proceeding.

criminal matter

(CCP 1.051)

The right to be represented by counsel includes:

a right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding

(CCP 1.051)

A(n) _________________ is entitled to have an attorney appointed to represent him and any adversary judicial proceeding that may result in punishment by ___________________ and in any other criminal proceeding if the court concludes that the interest of justice require representation

indigent defendant; confinement

(CCP 1.051)

If an indigent defendant is entitled to and requests appointed counsel and if adversarial judicial proceedings have been initiated against the defendant, a court or the courts designee authorized to appoint counsel for indigent defendants in the county in which the defendant is arrested shall appoint counsel as soon as possible, but no later than:

-The end of the third working day after the defendants request for appointment of counsel, if the defendant is arrested in a county with a population less than 250,000; OR

-The end of the first working day after the date on which the defendants request for appointment of counsel, if the defendant is arrested in a county with a population of 250,000 or more

(CCP 1.051)

If the defendant has not been transferred or released into the custody of the county issuing the warrant before _____________ after the date of the arrest and if council has not otherwise been appointed for the defendant, immediately counsel shall be appointed to represent the defendant in any matter regardless of whether adversarial judicial proceedings have been initiated against a defendant in the arresting county.

the 11th day

(CCP 1.051)

An appointed counsel is entitled to ________ to prepare for a proceeding but may waive the preparation time with the consent of his defendant and writing or on the record and open court

10 days

(CCP 1.051)

Appointment of counsel is ____________ until the defendants first court appearance or when the adversarial judicial proceedings are initiated, whichever comes first.

not required

(CCP 1.051)

A court or the courts designee may WITHOUT UNNECESSARY DELAY appointment to counsel to represent an indigent defendants for whom counselors appointment if:

-The defendant is subsequently charged in the case with an offense different from the offense with which the defendant was initially charged; AND

-Good cause to a point new counsel is stated on the record

(CCP 1.051)

_____________ means a pleading, motion, and other paper filed four or on behalf of the defendant represented by an attorney must be signed by at least one attorney of record in the attorney's name and state of the attorneys address. A defendant who is not represented by an attorney must sign any pleading, motion, or other paper filled for or on the defendants the half and state the defendants address.

Signed Pleadings of Defendant

(CCP 1.052)

A search warrant must have probable cause supported by oath or affirmation. T or F

True

(CCP 1.06)

All prisoners shall be bailable unless for ______ when the proof is evident.

capital offenses

(CCP 1.07)

Of habeas corpus is a writ of right and shall ____.

never be suspended

(CCP 1.08)

Excessive _____ shall not be required, nor excessive _____ imposed, nor ________________ punishment inflicted.

bail; fines; cruel or unusual

(CCP 1.09)

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

twice; same offense

(CCP 1.10)

If a defendant has been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction. This is known as what?

acquittal a bar

(CCP 1.11)

A person may waive his/her right to a trial by jury for any offense except a ______.

capital felony case

(CCP 1.13)

In a ____________ case in which the attorney representing the state notifies the court in the defendant that it will not ___________________________, 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

capital; seek the death penalty

(CCP 1.13)

No person can be convicted of a felony except upon the verdict of what?

a jury

(CCP 1.15)

Liberty of Speech and Press States:

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

(CCP 1.16)

No person shall be disqualified to give evidence in any court of this State on account of his __________ opinions, or for the want of any _________ belief.

religious

(CCP 1.17)

No citizen shall be outlawed, nor shall any person be?

transported out of the state for any offense committed within the state

(CCP 1.18)

No person shall be convicted of treason except on the testimony of ____________ to the same overt act, or on confession in open court

two witnesses

(CCP 1.20)

Senators and Representatives shall, except in cases of ___,___, or ___, be privileged from arrest during the session of the legislature.

treason, felony, breach of the peace

(CCP 1.21)

Senators and Representatives are allowed __day for every __ miles in going to and returning from legislature.

1 day for every 20 miles

(CCP 1.21)

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 what?

conservators of the peace throughout the state

(CCP 1.23)

The proceedings and trials in all courts SHALL be ___.

public

(CCP 1.24)

The defendant, upon a trial, shall be _____________________, except in certain cases provided for this code where dispositions have been taken

confronted with the witnesses

(CCP 1.25)

If this code fails to provide a rule of procedure in any particular state of case which may arise, the rules of what shall be applied and govern?

common law

(CCP 1.27)

Who are magistrates?

The justices of the Supreme Court

The judges of the Court of Criminal Appeals

The justices of the court of appeals

The judges of the District Court

The magistrates appointed by the judges of the district courts (judges appointed by bigger counties)

(CCP 2.09)

Which of the following is not a magistrate?

a. A judge of the county court at law

b. District attorney

c. Mayor of the municipal court of an incorporated city

d. Justice of the peace

b. District attorney

(CCP 2.09)

What is the duty of a 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.

(CCP 2.10)

When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called a(n) _________.

examining court

(CCP 2.11)

All of the following are peace officers except:

a. law-enforcement officers commissioned by the parks and wildlife commission

b. investigators commissioned by the Texas medical board

c. special agents of the office of Inspector General of the United States Social Security Administration

d. investigators of the district attorney's, criminal district attorney's, and county attorneys offices

c. special agents of the office of Inspector General of the United States Social Security Administration

(CCP 2.12)

The director of the Department of Public Safety may appoint up to ___ railroad peace officers who are employed by a railroad company.

250

(CCP 2.121)

Within counties under 200,000 population, the chief of police of a municipality or sheriff of the county, may appoint up to __ peace officers to serve a place of higher education.

50

(CCP 2.123)

A commissioned peace officer of a state of the United States adjoining the state, while the officer is in this state, has?

the same powers, duties, communities as a peace officer of the state who is acting in the discharge of an official duty

(CCP 2.124)

The director of the Department of Public Safety may appoint up to __ special rangers who are employed by the Texas and Southwestern Cattle Raisers Assoc.

50

(CCP 2.125)

It is the duty of every peace officer and magistrate to ___ within the officers jurisdiction.

preserve the peace

(CCP 2.13)

The officer shall: In every case, interfere without warrant to?

prevent or suppress crime

(CCP 2.13)

The officer shall: Execute all lawful process issue to the office or by?

any magistrate or court

(CCP 2.13)

The officer shall: give notice to some magistrate of all offenses committed within the officers jurisdiction, where the officer has good reason to believe?

there has been a violation of the penal law

(CCP 2.13)

The officer shall: 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

(CCP 2.13)

It is the duty of every officer to take possession

of a child under article 63.009

(CCP 2.13)

A peace officer may not engage in?

Racial profiling

(CCP 2.131)

Law Enforcement Agency

Means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers official duties.

(CCP 2.132)

Motor vehicle stop

Means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance

(CCP 2.132)

Race or Ethnicity

Means of a particular dissent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent.

(CCP 2.132)

Each law enforcement agency in the state shall adopt a detail written policy on racial profiling the policy must:

1) clearly define acts constituting racial profiling

2) strictly prohibit peace officers employed by the agency from engaging and racial profiling

3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer engaged in racial profiling

4) provide public education relating to the agencies complaint process

5) require appropriate corrective action to be taken against the peace officer shown to have engaged and racial profiling in violation of the agencies policy

6) require collection of information relating to motor vehicle stops in which a citation is issued and two arrests made as a result of those stops (RK; PS; VS; RFS)

7) require the chief administrator of the agency to submit an annual report of the information collected

(CCP 2.132)

A peace officer who stops a motor vehicle for an alleged violation of the law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop including:

1) physical description

2) reason for stop

3) whether the officer conducted a search as a result of the stop and if so, whether the person detained consented to the search

4) whether any contraband or other evidence was discovered

5) reason for the search

6) whether the officer made an arrest

7) street address of approximate location of the stop

8) whether the officer issues a written warning or a citation

(CCP 2.133)

A peace officer is ________ for damages arising from an act relating to the collection or reporting of information as required in "Reports Required for Motor Vehicle Stops"

not liable

(CCP 2.136)

The chief administrator of a local law-enforcement agency intentionally fails to submit the incident-based data as required by racial profiling, the agency is liable to the state for a civil penalty in the amount of?

$1000 for each violation

(CCP 2.1385)

If any officer or sheriff shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process that is his duty by law to execute, he shall be liable to a fine for contempt not less than $__ nor more than $__.

$10 nor more than $200

(CCP 2.16)

Each sheriff shall be a _________________ in his county, and shall arrest all offenders against the laws of the state, and his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had.

conservator of the peace

(CCP 2.17)

Investigation of Certain Reports Alleging Abuse Highlights:

-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

-ASAP after being notified by the department about the report, but NO LATER THAN 24 HOURS after being notified , the peace officer shall accompany the department investigator and initially responding to the report

(CCP 2.27)

Investigation of Certain Reports Alleging Abuse, Neglect or Exploitation states:

On receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility the appropriate law enforcement agency shall investigate report.

(CCP 2.271)

"Happy Gilmore" Example; No exploitation of elderly

Wherever a duty is imposed by the code of criminal procedure upon a sheriff, the same duty may lawfully be performed by his __.

deputy

(CCP 2.20)

Local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:

1) Notify Person That:

a) identifying information was misused by another person arrested in the county

b) the person may file a declaration with the DPS

c) the person is entitled to expunction of information contained in criminal records and files

2) Notify DPS regarding:

a) the misuse of the identifying information

b) the actual identity of the person arrested if known by the agency

c) whether the agency was able to notify the person who's identifying information was misused

(CCP 2.28)

A peace officer to whom and alleged violation of fraudulent use of ID information is reported shall _________ to the law-enforcement agency that employs the peace officer.

make a report

(CCP 2.29)

Report Concerning Certain Assaultive or Terroristic Offenses states that officer's SHALL make a report for the following offenses:

1) assault

2) aggravated assault

3) sexual assault

4) aggravated sexual assault

5) terroristic threat

(CCP 2.30)

A _________________ is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.

commitment

(CCP 16.20)

A commitment will be sufficient if it have the following requisites:

1. That it run in the name of "The State of Texas";

2. That it be addressed to the sheriff of the county to the jail of which the defendant is committed;

3. That it state in plain language the offense for which the defendant is committed, and give his name, if it be known, or if unknown, contain an accurate description of the defendant;

4. That it state to what court and at what time the defendant is to be held to answer;

5. When the prisoner is sent out of the county where the prosecution arose, the warrant of commitment shall state that there is no safe jail in the proper county; and

6. If bail has been granted, the amount of bail shall be stated in the warrant of commitment.

(CCP 16.20)

________ is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.

Bail

(CCP 17.01)

A _________________ is a written undertaking entered into by the defendant and the defendant's sureties for the appearance of the principal therein before a court or magistrate to answer a criminal accusation; provided, however, that the defendant on execution of the bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same.

bail bond

(CCP 17.02)

Release on Bond of Certain Persons Arrested Without Warrant

• If magistrate has not determined PC for arrest

• Release on $5,000 bond or Personal Bond (if defendant is unable to obtain surety for bond amount) no later than 24 hours after arrest for Misdemeanor

• Release on $10,000 bond or Personal Bond (if defendant is unable to obtain surety for bond amount) no later than 48 hour after arrest for Felony

• May be postponed by magistrate for up to 72 hours after arrest

• Time limits do not apply if offender is in custody and taken to hospital or to seek medical treatment

(CCP 17.033)

Rules for Fixing Bail

• Shall be sufficiently high to give reasonable assurance that the undertaking will be complied with

• Not to be used as an instrument of oppression

• Nature of the offense and circumstances of offense are to be considered

• Ability to make bail is to be regarded and proof may be taken upon this point

• Future safety of the victim(s) will be considered

(CCP 17.15)

Denial of Bail for Violations of Certain Court Orders or Conditions of Bond in a Family Violence Case

• Bail may be denied for violation of Protection Orders pertaining to family violence, stalking etc, in order to protect the victim. (Same applies for Art 17.153; "Child Alleged Victim")

(CCP 17.152)

Denial of Bail for Violations of Condition of Bond Where Child Alleged Victim

• Bail may be denied for violation of an offense committed against a child younger than 14 years of age (Same applies for Art 17.152; "Certain Court Orders or Conditions of Bond in a Family Violence Case")

(CCP 17.153)

In cases of _____________________, the sheriff or other peace officer, or a jailer licensed may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take of the defendant a bail bond.

misdemeanor

(CCP 17.20)

In cases of ____________, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. The defendant and the defendant's sureties are not required to appear in court.

felony

(CCP 17.21)

Accused Liberated

• Once bond is taken, accused shall at once be set at liberty

• Victim of family violence will be notified as to prevention of family violence

• A reasonable attempt will be made to notify the victim (last known phone number or address on file, etc)

-Note/Example: Notification of release for the release of someone like a spouse, subject of an EPO

(CCP 17.29)

Further Detention of Certain Persons

• Exception to article 17.29 (Accused Liberated)

• Allows for accused to be held 4 hours after making bond for safety of victim and to give enough time to notify victim of accused imminent release.

• May be extended for an additional period not to exceed 48 hours if signed by magistrate who concludes that violence will continue if accused is released AND

• If additional period exceeds 24 hours, PC exists that the person committed the instant offense, has been arrested on more than one occasion for family violence or if deadly weapon was used or exhibited of the offense or during immediate flight after commission of the offense.

(CCP 17.291)

Magistrate Order for Emergency Protection - May be issued under these circumstances:

• Trafficking and sexual offenses and family violence

• Shall be issued if SBI or use or exhibit of deadly weapon

• If violated, $4,000 fine or 1 year; If considered a separate felony than penalty is 2 years confinement

• NO PERSON, INCLUDING PERSON PROTECTED, MAY GIVE PERMISSION TO IGNORE ORDER.

*Protected individual cannot be arrested since they are not violating the order.

(CCP 17.292)

A ______________ is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.

search warrant

(CCP 18.01)

No warrant shall be issued unless what?

sufficient facts are first presented to satisfy the issuing magistrate that probable cause exists

(CCP 18.01)

Any magistrate may issue a warrant. True/False

true

(CCP 18.01)

Sealing of Affidavit - Attorney representing the state prosecuting felonies may request a district judge of judge of appellate court to seal an affidavit:

-Public disclosure would jeopardize safety of a victim, witness, or confidential informant or cause destruction of evidence

-Contains info. obtained from court ordered wiretap that has not expired at time of sealing

-Public information act

• Order sealing an affidavit expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed.

• Allowed one 30 day extension

(CCP 18.011)

Grounds for Issuance - A search warrant may be issued to search for and seize:

• Property acquired by theft or penal offense

• Property designed or commonly used in the commission of an offense

• Arms and ammunition prepared for the purposes of insurrection or riot

• Weapons prohibited

• Gambling devices or equipment

• Obscene material

• Meth lab

• Any property of which is prohibited by law

• Persons

(CCP 18.02)

Issuance of search warrant to photograph injured child

• May be issued to search for and photograph a child who is alleged to be victim

• Officer may be accompanied by a photographer employed by L.E. agency

• Warrant identify:

-The child to be located and photographed

-Shall name or describe

-The place or thing to be searched

-Shall command any PO of the proper county to search for and cause the child to be photographed

• Officer executing warrant shall take possession of the exposed film and deliver it to the magistrate.

• Officer shall be of the same sex

(CCP 18.021)

Search Warrant May Order Arrest

• Establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may order the arrest of such person

(CCP 18.03)

Contents of Warrant - A search warrant issued shall be sufficient if it contains:

• The name of "The State of Texas"

-Identify:

• What is to be seized and name/describe the person place or thing to be searched

• Command any PO of the proper county to search forthwith the person, place, or thing named

• Dated and signed by the magistrate

(CCP 18.04 )

Warrants for Fire, Health, and Code Inspections

• Search warrant may not be issued under this article except upon presentation of evidence of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present

• Magistrate may consider:

-Age and condition of premises

-Previous violations or hazards present

-Type of premises

-Purpose for which premises are used

-Presence of hazard

• Search warrant may not be issued in city of population of over 3.3 million or more

(CCP 18.05)

Execution of Warrants

• A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate.

• Warrant issued for electronic communication devices must execute not later than the 11th day after the date of issuance

• All other warrants must be executed with in 3 days

• Shall be executed within a shorter period if so directed in the warrant by the magistrate

(CCP 18.06)

Days Allowed for Warrant to Run - Period allowed for the execution of a search warrant:

• 15 whole days for DNA

• 10 whole days for electronics and trace devices

• 3 days for all other

• Magistrate issuing warrant under this chapter shall endorse with:

• Date and hour of its issuance

(CCP 18.07)

In the execution of a search warrant, the officer may call to his aid?

any number of citizens, who shall be bound to aid in the execution of the same

(CCP 18.08)

Shall Seize Accused and Property

• Property found PO shall take possession of the same and carry it before the magistrate.

• Shall arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.

• "Seizure" restraint of property

(CCP 18.09)

Seizure of Circuit Board Gambling Device - Officer may:

• Seize only the programmable main circuit board

• Carry circuit board before magistrate

• Retain custody of the circuit board

(CCP 18.095)

How Return Made - Upon returning officer shall:

• On back or on some paper attached to it, manner which it has been executed

• Deliver to magistrate a copy of the inventory of the property taken into possession.

• Property may not be removed from the county in which it was seized without an order approving the removal.

(CCP 18.10)

A person who is arrested for a misdemeanor or felony who causes PO to come in contact with bodily fluids shall by order of the court?

-Undergo medical testing for communicable disease - test results may NOT be used in any criminal proceedings arising out of the alleged offense

(CCP 18.22)

An _______________ 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.

indictment

(CCP 21.01)

Requisites of an Indictment - Shall be deemed sufficient:

• Commence "In the name and by authority of the state of Texas"

• Appear that the same was presented in the district court of the county where the grand jury is in session

• Appear to be the act of the grand jury of the proper county

• Obtain the name of the accused or give a description if unknown

• Show place offense was committed is in jurisdiction of the court issuing indictment

• Time mentioned must not be so far in future as to bar limitation

• Offense must be set forth in plain legible words

• Conclude "Against the peace and dignity of the state."

• Signed officially by foreman of grand jury

(CCP 21.02)

An ____________________ 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.

Information

(CCP 12.20)