CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF …

1 CODE OF CRIMINAL PROCEDURETITLE 1. CODE OF CRIMINAL PROCEDURECHAPTER 1. GENERAL PROVISIONSArt. SHORT TITLE . This Act shall be known, and may becited, as the "Code of CRIMINAL PROCEDURE ". Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Art. EFFECTIVE DATE. This Code shall take effect and bein force on and after January 1, 1966. The PROCEDURE hereinprescribed shall govern all CRIMINAL proceedings instituted after theeffective date of this Act and all proceedings pending upon theeffective date hereof insofar as are applicable. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Text of article effective on January 1, 2021 Art. SEVERABILITY.

2 If any provision of this code or itsapplication to any person or circumstance is held invalid, theinvalidity does not affect other provisions or applications of thecode that can be given effect without the invalid provision orapplication, and to this end the provisions of this code areseverable. Added by Acts 2019, 86th Leg., , Ch. 469 ( 4173), Sec. ,eff. January 1, 2021. Text of article effective on January 1, 2021 Art. CONSTRUCTION. The articles contained in Chapter722 ( 107), Acts of the 59th Legislature, Regular Session, 1965,as revised, rewritten, changed, combined, and codified, may not beconstrued as a continuation of former laws except as otherwiseprovided in that Act.

3 Added by Acts 2019, 86th Leg., , Ch. 469 ( 4173), Sec. ,eff. January 1, 2021. Statute text rendered on: 4/8/2020- 1 -Art. OBJECTS OF THIS CODE. This Code is intended toembrace rules applicable to the prevention and prosecution ofoffenses against the laws of this State, and to make the rules ofprocedure in respect to the prevention and punishment of offensesintelligible to the officers who are to act under them, and to allpersons whose rights are to be affected by them. It seeks:1. To adopt measures for preventing the commission of crime;2. To exclude the offender from all hope of escape;3. To insure a trial with as little delay as is consistent withthe ends of justice;4.

4 To bring to the investigation of each offense on the trialall the evidence tending to produce conviction or acquittal;5. To insure a fair and impartial trial; and6. The certain execution of the sentence of the law whendeclared. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Art. DUE COURSE OF LAW. No citizen of this State shall bedeprived of life, liberty, property, privileges or immunities, or inany manner disfranchised, except by the due course of the law of theland. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Art. RIGHTS OF ACCUSED. In all CRIMINAL prosecutions theaccused shall have a speedy public trial by an impartial jury.

5 Heshall have the right to demand the nature and cause of the accusationagainst him, and to have a copy thereof. He shall not be compelledto give evidence against himself. He shall have the right of beingheard by himself, or counsel, or both; shall be confronted with thewitnesses against him, and shall have compulsory process forobtaining witnesses in his favor. No person shall be held to answerfor a felony unless on indictment of a grand jury. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Art. RIGHT TO REPRESENTATION BY COUNSEL. (a) ACODE OF CRIMINAL procedures tatute text rendered on: 4/8/2020- 2 -defendant in a CRIMINAL matter is entitled to be represented bycounsel in an adversarial judicial proceeding.

6 The right to berepresented by counsel includes the right to consult in private withcounsel sufficiently in advance of a proceeding to allow adequatepreparation for the proceeding.(b) For the purposes of this article and Articles of this code, "indigent" means a person who is not financiallyable to employ counsel.(c) An indigent defendant is entitled to have an attorneyappointed to represent him in any adversary judicial proceeding thatmay result in punishment by confinement and in any other criminalproceeding if the court concludes that the interests of justicerequire representation. Subject to Subsection (c-1), if an indigentdefendant is entitled to and requests appointed counsel and ifadversarial judicial proceedings have been initiated against thedefendant, a court or the courts' designee authorized under to appoint counsel for indigent defendants in the county inwhich the defendant is arrested shall appoint counsel as soon aspossible, but not later than:(1) the end of the third working day after the date onwhich the court or the courts' designee receives the defendant'srequest for appointment of counsel, if the defendant is arrested in acounty with a population of less than 250,000.

7 Or(2) the end of the first working day after the date onwhich the court or the courts' designee receives the defendant'srequest for appointment of counsel, if the defendant is arrested in acounty with a population of 250,000 or more.(c-1) If an indigent defendant is arrested under a warrantissued in a county other than the county in which the arrest was madeand the defendant is entitled to and requests appointed counsel, acourt or the courts' designee authorized under Article toappoint counsel for indigent defendants in the county that issued thewarrant shall appoint counsel within the periods prescribed bySubsection (c), regardless of whether the defendant is present withinthe county issuing the warrant and even if adversarial judicialproceedings have not yet been initiated against the defendant in thecounty issuing the warrant.

8 However, if the defendant has not beentransferred or released into the custody of the county issuing thewarrant before the 11th day after the date of the arrest and ifcounsel has not otherwise been appointed for the defendant in theCODE OF CRIMINAL procedures tatute text rendered on: 4/8/2020- 3 -arresting county under this article, a court or the courts' designeeauthorized under Article to appoint counsel for indigentdefendants in the arresting county immediately shall appoint counselto represent the defendant in any matter under Chapter 11 or 17,regardless of whether adversarial judicial proceedings have beeninitiated against the defendant in the arresting county.

9 If counselis appointed for the defendant in the arresting county as required bythis subsection, the arresting county may seek from the county thatissued the warrant reimbursement for the actual costs paid by thearresting county for the appointed counsel.(d) An eligible indigent defendant is entitled to have the trialcourt appoint an attorney to represent him in the following appellateand postconviction habeas corpus matters:(1) an appeal to a court of appeals;(2) an appeal to the Court of CRIMINAL Appeals if the appeal ismade directly from the trial court or if a petition for discretionaryreview has been granted;(3) a habeas corpus proceeding if the court concludes that theinterests of justice require representation; and(4) any other appellate proceeding if the court concludes thatthe interests of justice require representation.

10 (e) An appointed counsel is entitled to 10 days to prepare fora proceeding but may waive the preparation time with the consent ofthe defendant in writing or on the record in open court. If anonindigent defendant appears without counsel at a proceeding afterhaving been given a reasonable opportunity to retain counsel, thecourt, on 10 days' notice to the defendant of a dispositive setting,may proceed with the matter without securing a written waiver orappointing counsel. If an indigent defendant who has refusedappointed counsel in order to retain private counsel appears withoutcounsel after having been given an opportunity to retain counsel, thecourt, after giving the defendant a reasonable opportunity to requestappointment of counsel or, if the defendant elects not to requestappointment of counsel, after obtaining a waiver of the right tocounsel pursuant to Subsections (f) and (g), may proceed with thematter on 10 days' notice to the defendant of a dispositive setting.