CHAPTER 15. ARREST UNDER WARRANT - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 15. ARREST UNDER WARRANT

Art. 15.01. WARRANT OF ARREST. A "warrant of arrest" 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The

State of Texas", and shall be sufficient, without regard to form,

if it have these substantial requisites:

1. It must specify the name of the person whose arrest is

ordered, if it be known, if unknown, then some reasonably

definite description must be given of him.

2. It must state that the person is accused of some offense

against the laws of the State, naming the offense.

3. It must be signed by the magistrate, and his office be named

in the body of the warrant, or in connection with his signature.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A

magistrate may issue a warrant of arrest or a summons:

1. In any case in which he is by law authorized to order verbally

the arrest of an offender;

2. When any person shall make oath before the magistrate that

another has committed some offense against the laws of the State;

and

3. In any case named in this Code where he is specially

authorized to issue warrants of arrest.

(b) A summons may be issued in any case where a warrant may be

issued, and shall be in the same form as the warrant except that

it shall summon the defendant to appear before a magistrate at a

stated time and place. The summons shall be served upon a

defendant by delivering a copy to him personally, or by leaving

it at his dwelling house or usual place of abode with some person

of suitable age and discretion then residing therein or by

mailing it to the defendant's last known address. If a defendant

fails to appear in response to the summons a warrant shall be

issued.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.04. COMPLAINT. The affidavit made before the magistrate

or district or county attorney is called a "complaint" if it

charges the commission of an offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.05. REQUISITES OF COMPLAINT. The complaint shall be

sufficient, without regard to form, if it have these substantial

requisites:

1. It must state the name of the accused, if known, and if not

known, must give some reasonably definite description of him.

2. It must show that the accused has committed some offense

against the laws of the State, either directly or that the

affiant has good reason to believe, and does believe, that the

accused has committed such offense.

3. It must state the time and place of the commission of the

offense, as definitely as can be done by the affiant.

4. It must be signed by the affiant by writing his name or

affixing his mark.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.051. REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT

PROHIBITED. (a) A peace officer or an attorney representing the

state may not require a polygraph examination of a person who

charges or seeks to charge in a complaint the commission of an

offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02,

Penal Code.

(b) If a peace officer or an attorney representing the state

requests a polygraph examination of a person who charges or seeks

to charge in a complaint the commission of an offense listed in

Subsection (a), the officer or attorney must inform the

complainant that the examination is not required and that a

complaint may not be dismissed solely:

(1) because a complainant did not take a polygraph examination;

or

(2) on the basis of the results of a polygraph examination taken

by the complainant.

(c) A peace officer or an attorney representing the state may not

take a polygraph examination of a person who charges or seeks to

charge the commission of an offense listed in Subsection (a)

unless the officer or attorney provides the information in

Subsection (b) to the person and the person signs a statement

indicating the person understands the information.

(d) A complaint may not be dismissed solely:

(1) because a complainant did not take a polygraph examination;

or

(2) on the basis of the results of a polygraph examination taken

by the complainant.

Added by Acts 1995, 74th Leg., ch. 24, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 608, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.07, eff. September 1, 2007.

Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE. A

warrant of arrest, issued by any county or district clerk, or by

any magistrate (except mayors of an incorporated city or town),

shall extend to any part of the State; and any peace officer to

whom said warrant is directed, or into whose hands the same has

been transferred, shall be authorized to execute the same in any

county in this State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1985, 69th Leg., ch. 666, Sec. 1, eff. June 14,

1985.

Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When a warrant

of arrest is issued by any mayor of an incorporated city or town,

it cannot be executed in another county than the one in which it

issues, except:

1. It be endorsed by a judge of a court of record, in which case

it may be executed anywhere in the State; or

2. If it be endorsed by any magistrate in the county in which the

accused is found, it may be executed in such county. The

endorsement may be: "Let this warrant be executed in the county

of ..........". Or, if the endorsement is made by a judge of a

court of record, then the endorsement may be: "Let this warrant

be executed in any county of the State of Texas". Any other words

of the same meaning will be sufficient. The endorsement shall be

dated, and signed officially by the magistrate making it.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1985, 69th Leg., ch. 666, Sec. 2, eff. June 14,

1985.

Art. 15.08. WARRANT MAY BE FORWARDED. A warrant of arrest may

be forwarded by any method that ensures the transmission of a

duplicate of the original warrant, including secure facsimile

transmission or other secure electronic means or a telegraph

transmission from any telegraph office to another in this State.

If issued by any magistrate named in Article 15.06, the peace

officer receiving the same shall execute it without delay. If it

be issued by any other magistrate than is named in Article 15.06,

the peace officer receiving the same shall proceed with it to the

nearest magistrate of the peace officer's county, who shall

endorse thereon, in substance, these words:

"Let this warrant be executed in the county of...........", which

endorsement shall be dated and signed officially by the

magistrate making the same.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

345, Sec. 1, eff. September 1, 2009.

Art. 15.09. COMPLAINT MAY BE FORWARDED. A complaint in

accordance with Article 15.05, may be forwarded as provided by

Article 15.08 to any magistrate in the State; and the magistrate

who receives the same shall forthwith issue a warrant for the

arrest of the accused; and the accused, when arrested, shall be

dealt with as provided in this Chapter in similar cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

345, Sec. 1, eff. September 1, 2009.

Art. 15.10. COPY TO BE DEPOSITED. A certified copy of the

original warrant or complaint, certified to by the magistrate

issuing or taking the same, shall be deposited with the manager

of the telegraph office from which the same is to be forwarded,

taking precedence over other business, to the place of its

destination or to the telegraph office nearest thereto, precisely

as it is written, including the certificate of the seal attached.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.11. DUTY OF TELEGRAPH MANAGER. When a warrant or

complaint is received at a telegraph office for delivery, it

shall be delivered to the party to whom it is addressed as soon

as practicable, written on the proper blanks of the telegraph

company and certified to by the manager of the telegraph office

as being a true and correct copy of the warrant or complaint

received at his office.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.12. WARRANT OR COMPLAINT MUST BE UNDER SEAL. No manager

of a telegraph office shall receive and forward a warrant or

complaint unless the same shall be certified to under the seal of

a court of record or by a justice of the peace, with the

certificate under seal of the district or county clerk of his

county that he is a legally qualified justice of the peace of

such county; nor shall it be lawful for any magistrate to endorse

a warrant received by telegraph, or issue a warrant upon a

complaint received by telegraph, unless all the requirements of

the law in relation thereto have been fully complied with.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.13. TELEGRAM PREPAID. Whoever presents a warrant or

complaint to the manager of a telegraph office to be forwarded by

telegraph, shall pay for the same in advance, unless, by the

rules of the company, it may be sent collect.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY. If a

prosecution of a defendant is dismissed under Article 32.01, the

defendant may be rearrested for the same criminal conduct alleged

in the dismissed prosecution only upon presentation of indictment

or information for the offense and the issuance of a capias

subsequent to the indictment or information.

Added by Acts 1997, 75th Leg., ch. 289, Sec. 3, eff. May 26,

1997.

Art. 15.16. HOW WARRANT IS EXECUTED. (a) The officer or person

executing a warrant of arrest shall without unnecessary delay

take the person or have him taken before the magistrate who

issued the warrant or before the magistrate named in the warrant,

if the magistrate is in the same county where the person is

arrested. If the issuing or named magistrate is in another

county, the person arrested shall without unnecessary delay be

taken before some magistrate in the county in which he was

arrested.

(b) Notwithstanding Subsection (a), to provide more

expeditiously to the person arrested the warnings described by

Article 15.17, the officer or person executing the arrest warrant

may as permitted by that article take the person arrested before

a magistrate in a county other than the county of arrest.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1736, ch. 659, Sec. 11, eff. Aug. 28, 1967.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 2, eff. September 1, 2005.

Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In

each case enumerated in this Code, the person making the arrest

or the person having custody of the person arrested shall without

unnecessary delay, but not later than 48 hours after the person

is arrested, take the person arrested or have him taken before

some magistrate of the county where the accused was arrested or,

to provide more expeditiously to the person arrested the warnings

described by this article, before a magistrate in any other

county of this state. The arrested person may be taken before

the magistrate in person or the image of the arrested person may

be presented to the magistrate by means of an electronic

broadcast system. The magistrate shall inform in clear language

the person arrested, either in person or through the electronic

broadcast system, of the accusation against him and of any

affidavit filed therewith, of his right to retain counsel, of his

right to remain silent, of his right to have an attorney present

during any interview with peace officers or attorneys

representing the state, of his right to terminate the interview

at any time, and of his right to have an examining trial. The

magistrate shall also inform the person arrested of the person's

right to request the appointment of counsel if the person cannot

afford counsel. The magistrate shall inform the person arrested

of the procedures for requesting appointment of counsel. If the

person does not speak and understand the English language or is

deaf, the magistrate shall inform the person in a manner

consistent with Articles 38.30 and 38.31, as appropriate. The

magistrate shall ensure that reasonable assistance in completing

the necessary forms for requesting appointment of counsel is

provided to the person at the same time. If the person arrested

is indigent and requests appointment of counsel and if the

magistrate is authorized under Article 26.04 to appoint counsel

for indigent defendants in the county, the magistrate shall

appoint counsel in accordance with Article 1.051. If the

magistrate is not authorized to appoint counsel, the magistrate

shall without unnecessary delay, but not later than 24 hours

after the person arrested requests appointment of counsel,

transmit, or cause to be transmitted to the court or to the

courts' designee authorized under Article 26.04 to appoint

counsel in the county, the forms requesting the appointment of

counsel. The magistrate shall also inform the person arrested

that he is not required to make a statement and that any

statement made by him may be used against him. The magistrate

shall allow the person arrested reasonable time and opportunity

to consult counsel and shall, after determining whether the

person is currently on bail for a separate criminal offense,

admit the person arrested to bail if allowed by law. A

recording of the communication between the arrested person and

the magistrate shall be made. The recording shall be preserved

until the earlier of the following dates: (1) the date on which

the pretrial hearing ends; or (2) the 91st day after the date on

which the recording is made if the person is charged with a

misdemeanor or the 120th day after the date on which the

recording is made if the person is charged with a felony. The

counsel for the defendant may obtain a copy of the recording on

payment of a reasonable amount to cover costs of reproduction.

For purposes of this subsection, "electronic broadcast system"

means a two-way electronic communication of image and sound

between the arrested person and the magistrate and includes

secure Internet videoconferencing.

(b) After an accused charged with a misdemeanor punishable by

fine only is taken before a magistrate under Subsection (a) and

the magistrate has identified the accused with certainty, the

magistrate may release the accused without bond and order the

accused to appear at a later date for arraignment in the

applicable justice court or municipal court. The order must

state in writing the time, date, and place of the arraignment,

and the magistrate must sign the order. The accused shall

receive a copy of the order on release. If an accused fails to

appear as required by the order, the judge of the court in which

the accused is required to appear shall issue a warrant for the

arrest of the accused. If the accused is arrested and brought

before the judge, the judge may admit the accused to bail, and in

admitting the accused to bail, the judge should set as the amount

of bail an amount double that generally set for the offense for

which the accused was arrested. This subsection does not apply

to an accused who has previously been convicted of a felony or a

misdemeanor other than a misdemeanor punishable by fine only.

(c) When a deaf accused is taken before a magistrate under this

article or Article 14.06 of this Code, an interpreter appointed

by the magistrate qualified and sworn as provided in Article

38.31 of this Code shall interpret the warning required by those

articles in a language that the accused can understand, including

but not limited to sign language.

(d) If a magistrate determines that a person brought before the

magistrate after an arrest authorized by Article 14.051 of this

code was arrested unlawfully, the magistrate shall release the

person from custody. If the magistrate determines that the arrest

was lawful, the person arrested is considered a fugitive from

justice for the purposes of Article 51.13 of this code, and the

disposition of the person is controlled by that article.

(e) In each case in which a person arrested is taken before a

magistrate as required by Subsection (a), a record shall be made

of:

(1) the magistrate informing the person of the person's right to

request appointment of counsel;

(2) the magistrate asking the person whether the person wants to

request appointment of counsel; and

(3) whether the person requested appointment of counsel.

(f) A record required under Subsection (e) may consist of written

forms, electronic recordings, or other documentation as

authorized by procedures adopted in the county under Article

26.04(a).

(g) If a person charged with an offense punishable as a

misdemeanor appears before a magistrate in compliance with a

citation issued under Article 14.06(b) or (c), the magistrate

shall perform the duties imposed by this article in the same

manner as if the person had been arrested and brought before the

magistrate by a peace officer. After the magistrate performs the

duties imposed by this article, the magistrate except for good

cause shown may release the person on personal bond. If a person

who was issued a citation under Article 14.06(c) fails to appear

as required by that citation, the magistrate before which the

person is required to appear shall issue a warrant for the arrest

of the accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1736, ch. 659, Sec. 12, eff. Aug. 28, 1967.

Amended by Acts 1979, 66th Leg., p. 398, ch. 186, Sec. 3, eff.

May 15, 1979; Subsec. (a) amended by Acts 1987, 70th Leg., ch.

455, Sec. 2, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg.,

ch. 467, Sec. 1, eff. Aug. 28, 1989; Sec. (a) amended by Acts

1989, 71st Leg., ch. 977, Sec. 1, eff. Aug. 28, 1989; Subsec. (c)

added by Acts 1989, 71st Leg., ch. 997, Sec. 3, eff. Aug. 28,

1989; Subsec. (d) relettered from subsec. (c) by Acts 1991, 72nd

Leg., ch. 16, Sec. 19.01(2), eff. Aug. 26, 1991; Subsec. (a)

amended by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1,

2002; Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1281, Sec.

1, eff. Sept. 1, 2001; Subsec. (e) added by Acts 2001, 77th Leg.,

ch. 906, Sec. 4, eff. Jan. 1, 2002; Subsec. (f) added by Acts

2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

320, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

735, Sec. 1, eff. September 1, 2009.

Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person

arrested under a warrant issued in a county other than the one in

which the person is arrested shall be taken before a magistrate

of the county where the arrest takes place or, to provide more

expeditiously to the arrested person the warnings described by

Article 15.17, before a magistrate in any other county of this

state, including the county where the warrant was issued. The

magistrate shall:

(1) take bail, if allowed by law, and, if without jurisdiction,

immediately transmit the bond taken to the court having

jurisdiction of the offense; or

(2) in the case of a person arrested under warrant for an

offense punishable by fine only, accept a written plea of guilty

or nolo contendere, set a fine, determine costs, accept payment

of the fine and costs, give credit for time served, determine

indigency, or, on satisfaction of the judgment, discharge the

defendant, as the case may indicate.

(b) Before the 11th business day after the date a magistrate

accepts a written plea of guilty or nolo contendere in a case

under Subsection (a)(2), the magistrate shall, if without

jurisdiction, transmit to the court having jurisdiction of the

offense:

(1) the written plea;

(2) any orders entered in the case; and

(3) any fine or costs collected in the case.

(c) The arrested person may be taken before a magistrate by

means of an electronic broadcast system as provided by and

subject to the requirements of Article 15.17.

(d) This article does not apply to an arrest made pursuant to a

capias pro fine issued under Chapter 43 or Article 45.045.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 2001, 77th Leg., ch. 145, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 1, eff. September 1, 2007.

Art. 15.19. NOTICE OF ARREST. (a) If the arrested person fails

or refuses to give bail, as provided in Article 15.18, the

arrested person shall be committed to the jail of the county

where the person was arrested; and the magistrate committing the

arrested person shall immediately provide notice to the sheriff

of the county in which the offense is alleged to have been

committed regarding:

(1) the arrest and commitment, which notice may be given by

telegraph, mail, or other written means or by secure facsimile

transmission or other secure electronic means; and

(2) whether the person was also arrested under a warrant issued

under Section 508.251, Government Code.

(b) If a person is arrested and taken before a magistrate in a

county other than the county in which the arrest is made and if

the person is remanded to custody, the person may be confined in

a jail in the county in which the magistrate serves for a period

of not more than 72 hours after the arrest before being

transferred to the county jail of the county in which the arrest

occurred.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 40, Sec. 1, eff.

Oct. 20, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

345, Sec. 2, eff. September 1, 2009.

Art. 15.20. DUTY OF SHERIFF RECEIVING NOTICE. (a) Subject to

Subsection (b), the sheriff receiving the notice of arrest and

commitment under Article 15.19 shall forthwith go or send for the

arrested person and have the arrested person brought before the

proper court or magistrate.

(b) A sheriff who receives notice under Article 15.19(a)(2) of a

warrant issued under Section 508.251, Government Code, shall have

the arrested person brought before the proper magistrate or court

before the 11th day after the date the person is committed to the

jail of the county in which the person was arrested.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 2, eff. June 15, 2007.

Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED. If the

proper office of the county where the offense is alleged to have

been committed does not demand the arrested person and take

charge of the arrested person before the 11th day after the date

the person is committed to the jail of the county in which the

person is arrested, the arrested person shall be discharged from

custody.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 3, eff. June 15, 2007.

Art. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested when

he has been actually placed under restraint or taken into custody

by an officer or person executing a warrant of arrest, or by an

officer or person arresting without a warrant.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.23. TIME OF ARREST. An arrest may be made on any day or

at any time of the day or night.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.24. WHAT FORCE MAY BE USED. In making an arrest, all

reasonable means are permitted to be used to effect it. No

greater force, however, shall be resorted to than is necessary to

secure the arrest and detention of the accused.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.25. MAY BREAK DOOR. In case of felony, the officer may

break down the door of any house for the purpose of making an

arrest, if he be refused admittance after giving notice of his

authority and purpose.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. In executing

a warrant of arrest, it shall always be made known to the accused

under what authority the arrest is made. The warrant shall be

executed by the arrest of the defendant. The officer need not

have the warrant in his possession at the time of the arrest,

provided the warrant was issued under the provisions of this

Code, but upon request he shall show the warrant to the defendant

as soon as possible. If the officer does not have the warrant in

his possession at the time of arrest he shall then inform the

defendant of the offense charged and of the fact that a warrant

has been issued. The arrest warrant, and any affidavit presented

to the magistrate in support of the issuance of the warrant, is

public information, and beginning immediately when the warrant is

executed the magistrate's clerk shall make a copy of the warrant

and the affidavit available for public inspection in the clerk's

office during normal business hours. A person may request the

clerk to provide copies of the warrant and affidavit on payment

of the cost of providing the copies.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1967, 60th Leg., p. 1736, ch. 659, Sec. 13, eff. Aug. 28, 1967.

Amended by Acts 2003, 78th Leg., ch. 390, Sec. 1, eff. Sept. 1,

2003.

Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law

enforcement agency that arrests any person or refers a child to

the office or official designated by the juvenile board who the

agency believes is enrolled as a student in a public primary or

secondary school, for an offense listed in Subsection (h), shall

attempt to ascertain whether the person is so enrolled. If the

law enforcement agency ascertains that the individual is enrolled

as a student in a public primary or secondary school, the agency

shall orally notify the superintendent or a person designated by

the superintendent in the school district in which the student is

enrolled of that arrest or referral within 24 hours after the

arrest or referral is made, or on the next school day. If the law

enforcement agency cannot ascertain whether the individual is

enrolled as a student, the agency shall orally notify the

superintendent or a person designated by the superintendent in

the school district in which the student is believed to be

enrolled of that arrest or detention within 24 hours after the

arrest or detention, or on the next school day. If the individual

is a student, the superintendent shall promptly notify all

instructional and support personnel who have responsibility for

supervision of the student. All personnel shall keep the

information received in this subsection confidential. The State

Board for Educator Certification may revoke or suspend the

certification of personnel who intentionally violate this

subsection. Within seven days after the date the oral notice is

given, the law enforcement agency shall mail written

notification, marked "PERSONAL and CONFIDENTIAL" on the mailing

envelope, to the superintendent or the person designated by the

superintendent. Both the oral and written notice shall contain

sufficient details of the arrest or referral and the acts

allegedly committed by the student to enable the superintendent

or the superintendent's designee to determine whether there is a

reasonable belief that the student has engaged in conduct defined

as a felony offense by the Penal Code. The information contained

in the notice may be considered by the superintendent or the

superintendent's designee in making such a determination.

(a-1) The superintendent or a person designated by the

superintendent in the school district may send to a school

district employee having direct supervisory responsibility over

the student the information contained in the confidential notice

under Subsection (a) if the superintendent or the person

designated by the superintendent determines that the employee

needs the information for educational purposes or for the

protection of the person informed or others.

(b) On conviction, deferred prosecution, or deferred

adjudication or an adjudication of delinquent conduct of an

individual enrolled as a student in a public primary or secondary

school, for an offense or for any conduct listed in Subsection

(h) of this article, the office of the prosecuting attorney

acting in the case shall orally notify the superintendent or a

person designated by the superintendent in the school district in

which the student is enrolled of the conviction or adjudication

and whether the student is required to register as a sex offender

under Chapter 62. Oral notification must be given within 24

hours of the time of the order or on the next school day. The

superintendent shall, within 24 hours of receiving notification

from the office of the prosecuting attorney, notify all

instructional and support personnel who have regular contact with

the student. Within seven days after the date the oral notice is

given, the office of the prosecuting attorney shall mail written

notice, which must contain a statement of the offense of which

the individual is convicted or on which the adjudication,

deferred adjudication, or deferred prosecution is grounded and a

statement of whether the student is required to register as a sex

offender under Chapter 62.

(c) A parole, probation, or community supervision office,

including a community supervision and corrections department, a

juvenile probation department, the paroles division of the Texas

Department of Criminal Justice, and the Texas Youth Commission,

having jurisdiction over a student described by Subsection (a),

(b), or (e) who transfers from a school or is subsequently

removed from a school and later returned to a school or school

district other than the one the student was enrolled in when the

arrest, referral to a juvenile court, conviction, or adjudication

occurred shall within 24 hours of learning of the student's

transfer or reenrollment notify the superintendent or a person

designated by the superintendent of the school district to which

the student transfers or is returned or, in the case of a private

school, the principal or a school employee designated by the

principal of the school to which the student transfers or is

returned of the arrest or referral in a manner similar to that

provided for by Subsection (a) or (e)(1), or of the conviction or

delinquent adjudication in a manner similar to that provided for

by Subsection (b) or (e)(2). The superintendent of the school

district to which the student transfers or is returned or, in the

case of a private school, the principal of the school to which

the student transfers or is returned shall, within 24 hours of

receiving notification under this subsection, notify all

instructional and support personnel who have regular contact with

the student.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1240, Sec. 5,

eff. June 15, 2007.

(e)(1) A law enforcement agency that arrests, or refers to a

juvenile court under Chapter 52, Family Code, an individual who

the law enforcement agency knows or believes is enrolled as a

student in a private primary or secondary school shall make the

oral and written notifications described by Subsection (a) to the

principal or a school employee designated by the principal of the

school in which the student is enrolled.

(2) On conviction, deferred prosecution, or deferred adjudication

or an adjudication of delinquent conduct of an individual

enrolled as a student in a private primary or secondary school,

the office of prosecuting attorney shall make the oral and

written notifications described by Subsection (b) of this article

to the principal or a school employee designated by the principal

of the school in which the student is enrolled.

(3) The principal of a private school in which the student is

enrolled or a school employee designated by the principal may

send to a school employee having direct supervisory

responsibility over the student the information contained in the

confidential notice, for the same purposes as described by

Subsection (d) of this article.

(f) A person who receives information under this article may not

disclose the information except as specifically authorized by

this article. A person who intentionally violates this article

commits an offense. An offense under this subsection is a Class C

misdemeanor.

(g) The office of the prosecuting attorney or the office or

official designated by the juvenile board shall, within two

working days, notify the school district that removed a student

to a disciplinary alternative education program under Section

37.006, Education Code, if:

(1) prosecution of the student's case was refused for lack of

prosecutorial merit or insufficient evidence and no formal

proceedings, deferred adjudication, or deferred prosecution will

be initiated; or

(2) the court or jury found the student not guilty or made a

finding the child did not engage in delinquent conduct or conduct

indicating a need for supervision and the case was dismissed with

prejudice.

(h) This article applies to any felony offense and the following

misdemeanors:

(1) an offense under Section 20.02, 21.08, 22.01, 22.05, 22.07,

or 71.02, Penal Code;

(2) the unlawful use, sale, or possession of a controlled

substance, drug paraphernalia, or marihuana, as defined by

Chapter 481, Health and Safety Code; or

(3) the unlawful possession of any of the weapons or devices

listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon

listed as a prohibited weapon under Section 46.05, Penal Code.

(i) A person may substitute electronic notification for oral

notification where oral notification is required by this article.

If electronic notification is substituted for oral notification,

any written notification required by this article is not

required.

(j) The notification provisions of this section concerning a

person who is required to register as a sex offender under

Chapter 62 do not lessen the requirement of a person to provide

any additional notification prescribed by that chapter.

Added by Acts 1993, 73rd Leg., ch. 461, Sec. 1, eff. Sept. 1,

1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 626, Sec.

1, eff. Aug. 28, 1995; Subsec. (h) amended by Acts 1995, 74th

Leg., ch. 76, Sec. 14.18, eff. Sept. 1, 1995; Subsec. (a) amended

by Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997;

amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20,

1997; Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1233, Sec.

1, eff. June 20, 1997; Subsec. (c) amended by Acts 1997, 75th

Leg., ch. 1015, Sec. 12, eff. June 19, 1997; amended by Acts

1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997; Subsec.

(e)(1) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 13, eff.

June 19, 1997; Subsec. (g) amended by Acts 1997, 75th Leg., ch.

1015, Sec. 14, eff. June 19, 1997; Subsec. (h) amended by Acts

1997, 75th Leg., ch. 165, Sec. 12.02, eff. Sept. 1, 1997; amended

by Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997;

amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20,

1997; Subsecs. (a), (g) amended by Acts 2001, 77th Leg., ch.

1297, Sec. 48, eff. Sept. 1, 2001; Subsec. (h) amended by Acts

2001, 77th Leg., ch. 1297, Sec. 49, eff. Sept. 1, 2001; Subsec.

(b) amended by Acts 2003, 78th Leg., ch. 1055, Sec. 25, eff. June

20, 2003; Subsec. (e)(2) amended by Acts 2003, 78th Leg., ch.

1055, Sec. 26, eff. June 20, 2003; Subsec. (g) amended by Acts

2003, 78th Leg., ch. 1055, Sec. 27, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

949, Sec. 31, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

492, Sec. 1, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1240, Sec. 4, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1240, Sec. 5, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 8, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 6.002, eff. September 1, 2009.