Chapter 16 - Commitment or Discharge of the Accused

An accused person must be brought before a magistrate for an examining trial.
The magistrate will investigate the truth of the accusation while allowing sufficient time for the accused to procure counsel.
If necessary, the magistrate can appoint counsel to represent the accused during the examining trial, with compensation provided as indicated in the code.
The accused has the right to an examining trial in felony cases before indictment in the relevant jurisdiction, whether in custody or on bail.
The magistrate will also determine the amount or sufficiency of bail during this hearing.
If the accused was transferred for prosecution following a hearing under Family Code Section 54.02, an examining trial can be granted at the court's discretion.

A magistrate can postpone an examination upon request from either party to secure additional testimony.
The accused must be detained in custody during the postponement unless bail is provided (excluding cases of murder and treason).

Prior to witness examination, the magistrate must inform the accused of their right to make a statement related to the accusation.
The accused cannot be compelled to provide such a statement, and any voluntary statement made may be used against them.

If the accused wishes to make a statement, it must occur before any witness examination starts.
The statement should be recorded in writing by the magistrate, accused, or their counsel and signed by the accused, but does not require the accused to swear to it.
The magistrate must attest the execution and signing of the statement.

Both the prosecution and the defense may question witnesses through direct or cross-examination.
If no counsel is present for the State, the magistrate may conduct witness examinations.

Witness testimony must be recorded in writing under magistrate supervision, provided to the witness for review, and corrections made as directed by the witness.
Witnesses must also sign their testimony, certifying it with the magistrate's approval.
A statement of facts authenticated by state and defense counsel may be used to preserve testimony instead.

The magistrate can issue an attachment to secure a witness's attendance if the witness resides in the county where the prosecution is ongoing, without needing a prior subpoena.

An attachment may be issued for a witness in any Texas county if an affidavit states their testimony is material to the case and outlines expected proof.
The magistrate may deny the attachment if the facts are not deemed material or are admitted by the opposing party.

Witnesses under attachment do not need to receive payment for fees or expenses beforehand.

Officers must immediately execute attachments by bringing the named witness before the magistrate, unless the witness can provide bail for their appearance.

If further important testimony can be procured, the magistrate shall postpone the hearing at the request of either party after examining the present witness.
The accused remains in custody until the rescheduled examination concludes.
Postponement requires a sworn statement specifying the witness’s name and residence and what testimony is expected.

For capital offenses, the examination must occur with a justice of the peace, county judge, or other authorized courts where the judge may grant bail unless the proof is overwhelming.

A judge may issue an arrest warrant if there is evidence that bail is insufficient or sureties are inadequate.

Post-examining trial, the judge must commit the defendant to jail, discharge them, or admit them to bail within 48 hours.
Failure to do so results in a finding of no probable cause and discharges the accused.

If the local jail is deemed unsafe, the magistrate can commit the defendant to the nearest safe jail in another county.

The commitment warrant will be directed to the sheriff of the receiving county, with the original sheriff required to provide the inmate.

Sheriffs must ensure the safety of prisoners, employing reasonable force to prevent escapes and can call for additional security if required.

Within 12 hours of receiving credible information regarding the accused’s mental health, the sheriff must notify the magistrate.
This information must detail the defendant's behavior around arrest and prior assessments.
If reasonable cause exists to believe the defendant suffers from mental illness or disability, the magistrate may order an interview and assessment from qualified professionals.
If the defendant was assessed previously or is no longer in custody, the magistrate may skip new assessments.

Law enforcement should divert individuals facing mental health crises or substance abuse issues to treatment facilities if specific conditions apply.
Exceptions apply to certain offenses, including violent misdemeanors.

The laws outlined herein were enacted and amended multiple times by various legislative sessions, highlighting ongoing adjustments to procedures regarding the accused's rights and treatment.