Art. 1.05. [3] [4] 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL. (a) 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.
(b) For the purposes of this article and Articles 26.04 and
26.05 of this code, "indigent" means a person who is not financially
able to employ counsel.
(c) 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. Except as otherwise provided by
this subsection, 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 under Article 26.04 to appoint counsel for
indigent defendants in the county shall appoint counsel as soon as
possible, but not later than the end of the third working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel. In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as
possible, but not later than the end of the first working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel.
(d) An eligible indigent defendant is entitled to have the
trial court appoint an attorney to represent him in the following
appellate and postconviction habeas corpus matters:
(1) an appeal to a court of appeals;
(2) an appeal to the Court of Criminal Appeals if the appeal
is made directly from the trial court or if a petition for
discretionary review has been granted;
(3) a habeas corpus proceeding if the court concludes that
the interests of justice require representation; and
(4) any other appellate proceeding if the court concludes
that the interests of justice require representation.
(e) 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. If a
nonindigent defendant or an indigent defendant who has refused
appointed counsel in order to retain private counsel appears
without counsel at a proceeding after having been given a
reasonable opportunity to retain counsel, the court, on 10 days'
notice to the defendant of a dispositive setting, may proceed with
the matter without securing a written waiver or appointing counsel.
(f) A defendant may voluntarily and intelligently waive in
writing the right to counsel.
(g) 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 substantially in the following form,
which, if signed by the defendant, shall be filed with and become
part of the record of the proceedings:
"I have been advised this ______ day of __________,
19___, by the (name of court) Court of my right to
representation by counsel in the trial of the charge
pending against me. I have been further advised that
if I am unable to afford counsel, one will be appointed
for me free of charge. Understanding my right to have
counsel appointed for me free of charge if I am not
financially able to employ counsel, I wish to waive
that right and request the court to proceed with my
case without an attorney being appointed for me. I
hereby waive my right to counsel. (signature of the
defendant)"
(h) 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. If the defendant withdraws a
waiver, the trial court, in its discretion, may provide the
appointed counsel 10 days to prepare.
(i) Except as otherwise provided by this subsection, if an
indigent defendant is entitled to and requests appointed counsel
and if adversarial judicial proceedings have not been initiated
against the defendant, a court or the courts' designee authorized
under Article 26.04 to appoint counsel for indigent defendants in
the county shall appoint counsel immediately following the
expiration of three working days after the date on which the court
or the courts' designee receives the defendant's request for
appointment of counsel. If adversarial judicial proceedings are
initiated against the defendant before the expiration of the three
working days, the court or the courts' designee shall appoint
counsel as provided by Subsection (c). In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection immediately
following the expiration of one working day after the date on which
the court or the courts' designee receives the defendant's request
for appointment of counsel. If adversarial judicial proceedings
are initiated against the defendant before the expiration of the
one working day, the court or the courts' designee shall appoint
counsel as provided by Subsection (c).
(j) 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.
(k) A court or the courts' designee may without unnecessary
delay appoint new counsel to represent an indigent defendant for
whom counsel is appointed under Subsection (c) or (i) if:
(1) the defendant is subsequently charged in the case
with an offense different from the offense with which the defendant
was initially charged; and
(2) good cause to appoint new counsel is stated on the
record as required by Article 26.04(j)(2).
Added by Acts 1987, 70th Leg., ch. 979, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 906, Sec. 2, eff. Jan. 1, 2002.
Art. 1.052. SIGNED PLEADINGS OF DEFENDANT. (a) A pleading,
motion, and other paper filed for or on behalf of a defendant
represented by an attorney must be signed by at least one attorney
of record in the attorney's name and state the attorney's address.
A defendant who is not represented by an attorney must sign any
pleading, motion, or other paper filed for or on the defendant's
behalf and state the defendant's address.
(b) The signature of an attorney or a defendant constitutes
a certificate by the attorney or defendant that the person has read
the pleading, motion, or other paper and that to the best of the
person's knowledge, information, and belief formed after
reasonable inquiry that the instrument is not groundless and
brought in bad faith or groundless and brought for harassment,
unnecessary delay, or other improper purpose.
(c) If a pleading, motion, or other paper is not signed, the
court shall strike it unless it is signed promptly after the
omission is called to the attention of the attorney or defendant.
(d) An attorney or defendant who files a fictitious pleading
in a cause for an improper purpose described by Subsection (b) or
who makes a statement in a pleading that the attorney or defendant
knows to be groundless and false to obtain a delay of the trial of
the cause or for the purpose of harassment shall be held guilty of
contempt.
(e) If a pleading, motion, or other paper is signed in
violation of this article, the court, on motion or on its own
initiative, after notice and hearing, shall impose an appropriate
sanction, which may include an order to pay to the other party or
parties to the prosecution or to the general fund of the county in
which the pleading, motion, or other paper was filed the amount of
reasonable expenses incurred because of the filing of the pleading,
motion, or other paper, including reasonable attorney's fees.
(f) A court shall presume that a pleading, motion, or other
paper is filed in good faith. Sanctions under this article may not
be imposed except for good cause stated in the sanction order.
(g) A plea of "not guilty" or "no contest" or "nolo
contendere" does not constitute a violation of this article. An
allegation that an event took place or occurred on or about a
particular date does not constitute a violation of this article.
(h) In this article, "groundless" means without basis in law
or fact and not warranted by a good faith argument for the
extension, modification, or reversal of existing law.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 11, eff. May 21, 1997.
Art. 1.06. [4] [5] SEARCHES AND SEIZURES. 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.07. [5] [6] 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.08. [6] [7] HABEAS CORPUS. The writ of habeas corpus
is a writ of right and shall never be suspended.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.09. [7] [8] CRUELTY FORBIDDEN. Excessive bail shall
not be required, nor excessive fines imposed, nor cruel or unusual
punishment inflicted.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.10. [8] [9] 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.11. [9] [20] [21] ACQUITTAL A BAR. 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.12. [10] [10] RIGHT TO JURY. The right of trial by
jury shall remain inviolate.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.13. [10A] WAIVER OF TRIAL BY JURY. (a) 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 State. The consent and approval
by the court shall be entered of record on the minutes of the court,
and the consent and approval of the attorney representing the State
shall be in writing, signed by him, and filed in the papers of the
cause before the defendant enters his plea.
(b) 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.
(c) A defendant may agree to waive a jury trial regardless
of whether the defendant is represented by an attorney at the time
of making the waiver, but before a defendant charged with a felony
who has no attorney can agree to waive the jury, the court must
appoint an attorney to represent him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 285, Sec. 1, eff. Sept. 1, 1997.
Art. 1.14. [11] [22] [23] WAIVER OF RIGHTS. (a) The
defendant in a criminal prosecution for any offense may waive any
rights secured him by law except that a defendant in a capital
felony case may waive the right of trial by jury only in the manner
permitted by Article 1.13(b) of this code.
(b) 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 postconviction 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 1, eff. Aug.
28, 1967; Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5,
eff. June 14, 1973; Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec.
1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 2, eff. Sept. 1, 1991.
Art. 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.
Added by Acts 1971, 62nd Leg., p. 1148, ch. 260, Sec. 1, eff. May 19,
1971.
Art. 1.15. [12] [21] [22] 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. The
evidence may be stipulated if the defendant in such case consents in
writing, in open court, to waive the appearance, confrontation, and
cross-examination of witnesses, and further consents either to an
oral stipulation of the evidence and testimony or to the
introduction of testimony by affidavits, written statements of
witnesses, and any other documentary evidence in support of the
judgment of the court. Such waiver and consent must be approved by
the court in writing, and be filed in the file of the papers of the
cause.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 2, eff. Aug.
28, 1967; Acts 1971, 62nd Leg., p. 3028, ch. 996, Sec. 1, eff. June
15, 1971; Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5,
eff. June 14, 1973; Acts 1991, 72nd Leg., ch. 652, Sec. 3, eff.
Sept. 1, 1991.
Art. 1.16. [13] [11] 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 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. In all indictments for libels,
the jury shall have the right to determine the law and the facts,
under the direction of the court, as in other cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.17. [14] [12] 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.18. [15] [13] OUTLAWRY AND TRANSPORTATION. No
citizen shall be outlawed, nor shall any person be transported out
of the State for any offense committed within the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.19. [16] [14] CORRUPTION OF BLOOD, ETC. No
conviction shall work corruption of blood or forfeiture of estate.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.20. [17] [15] CONVICTION OF TREASON. No person shall
be convicted of treason except on the testimony of two witnesses to
the same overt act, or on confession in open court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.21. [18] [16] 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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.23. [20] [19] 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".
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 97, eff.
Sept. 1, 1981.
Art. 1.24. [21] [23] [24] PUBLIC TRIAL. The proceedings and
trials in all courts shall be public.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.25. [22] [24] [25] CONFRONTED BY WITNESSES. The
defendant, upon a trial, shall be confronted with the witnesses,
except in certain cases provided for in this Code where depositions
have been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.26. [23] [25] [26] CONSTRUCTION OF THIS CODE. The
provisions of this Code shall be liberally construed, so as to
attain the objects intended by the Legislature: The prevention,
suppression and punishment of crime.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Art. 1.27. [24] [26] [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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966
