CHAPTER 4. COURTS AND CRIMINAL JURISDICTION - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 4. COURTS AND CRIMINAL JURISDICTION

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following

courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

2. Courts of appeals;

3. The district courts;

4. The criminal district courts;

5. The magistrates appointed by the judges of the district courts

of Bexar County, Dallas County, Tarrant County, or Travis County

that give preference to criminal cases and the magistrates

appointed by the judges of the criminal district courts of Dallas

County or Tarrant County;

6. The county courts;

7. All county courts at law with criminal jurisdiction;

8. County criminal courts;

9. Justice courts;

10. Municipal courts; and

11. The magistrates appointed by the judges of the district

courts of Lubbock County.

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

Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 101, eff.

Sept. 1, 1981; Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 2,

eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 25, Sec. 3, eff.

Aug. 28, 1989; Acts 1989, 71st Leg., ch. 79, Sec. 2, eff. May 15,

1989; Acts 1989, 71st Leg., ch. 1068, Sec. 3, eff. Aug. 28, 1989;

Acts 1991, 72nd Leg., ch. 16, Sec. 4.03, eff. Aug. 26, 1991; Acts

1993, 73rd Leg., ch. 413, Sec. 2, eff. Sept. 1, 1993.

Art. 4.02. EXISTING COURTS CONTINUED. No existing courts shall

be abolished by this Code and shall continue with the

jurisdiction, organization, terms and powers currently existing

unless otherwise provided by law.

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

Art. 4.03. COURTS OF APPEALS. The Courts of Appeals shall have

appellate jurisdiction coextensive with the limits of their

respective districts in all criminal cases except those in which

the death penalty has been assessed. This Article shall not be so

construed as to embrace any case which has been appealed from any

inferior court to the county court, the county criminal court, or

county court at law, in which the fine imposed by the county

court, the county criminal court or county court at law does not

exceed one hundred dollars, unless the sole issue is the

constitutionality of the statute or ordinance on which the

conviction is based.

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

Amended by Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 102, eff.

Sept. 1, 1981.

Art. 4.04. COURT OF CRIMINAL APPEALS.

Sec. 1. The Court of Criminal Appeals and each judge thereof

shall have, and is hereby given, the power and authority to grant

and issue and cause the issuance of writs of habeas corpus, and,

in criminal law matters, the writs of mandamus, procedendo,

prohibition, and certiorari. The court and each judge thereof

shall have, and is hereby given, the power and authority to grant

and issue and cause the issuance of such other writs as may be

necessary to protect its jurisdiction or enforce its judgments.

Sec. 2. The Court of Criminal Appeals shall have, and is hereby

given, final appellate and review jurisdiction in criminal cases

coextensive with the limits of the state, and its determinations

shall be final. The appeal of all cases in which the death

penalty has been assessed shall be to the Court of Criminal

Appeals. In addition, the Court of Criminal Appeals may, on its

own motion, with or without a petition for such discretionary

review being filed by one of the parties, review any decision of

a court of appeals in a criminal case. Discretionary review by

the Court of Criminal Appeals is not a matter of right, but of

sound judicial discretion.

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

Amended by Acts 1971, 62nd Leg., p. 2536, Sec.6, eff. Aug. 30,

1971; Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 103, eff. Sept.

1, 1981.

Art. 4.05. JURISDICTION OF DISTRICT COURTS. District courts and

criminal district courts shall have original jurisdiction in

criminal cases of the grade of felony, of all misdemeanors

involving official misconduct, and of misdemeanor cases

transferred to the district court under Article 4.17 of this

code.

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

Amended by Acts 1983, 68th Leg., p. 1585, ch. 303, Sec. 5, eff.

Jan. 1, 1984.

Art. 4.06. WHEN FELONY INCLUDES MISDEMEANOR. Upon the trial of a

felony case, the court shall hear and determine the case as to

any grade of offense included in the indictment, whether the

proof shows a felony or a misdemeanor.

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

Art. 4.07. JURISDICTION OF COUNTY COURTS. The county courts

shall have original jurisdiction of all misdemeanors of which

exclusive original jurisdiction is not given to the justice

court, and when the fine to be imposed shall exceed five hundred

dollars.

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

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 3, eff. Sept. 1,

1991.

Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS. The county

courts shall have appellate jurisdiction in criminal cases of

which justice courts and other inferior courts have original

jurisdiction.

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

Art. 4.09. APPEALS FROM INFERIOR COURT. If the jurisdiction of

any county court has been transferred to the district court or to

a county court at law, then an appeal from a justice or other

inferior court will lie to the court to which such appellate

jurisdiction has been transferred.

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

Art. 4.10. TO FORFEIT BAIL BONDS. County courts and county

courts at law shall have jurisdiction in the forfeiture and final

judgment of all bail bonds and personal bonds taken in criminal

cases of which said courts have jurisdiction.

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

Art. 4.11. JURISDICTION OF JUSTICE COURTS. (a) Justices of the

peace shall have original jurisdiction in criminal cases:

(1) punishable by fine only or punishable by:

(A) a fine; and

(B) as authorized by statute, a sanction not consisting of

confinement or imprisonment; or

(2) arising under Chapter 106, Alcoholic Beverage Code, that do

not include confinement as an authorized sanction.

(b) The fact that a conviction in a justice court has as a

consequence the imposition of a penalty or sanction by an agency

or entity other than the court, such as a denial, suspension, or

revocation of a privilege, does not affect the original

jurisdiction of the justice court.

(c) A justice court has concurrent jurisdiction with a municipal

court in criminal cases that arise in the municipality's

extraterritorial jurisdiction and that arise under an ordinance

of the municipality applicable to the extraterritorial

jurisdiction under Section 216.902, Local Government Code.

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

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 4, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1995;

Subsec. (a) amended by Acts 1997, 75th Leg., ch. 533, Sec. 1,

eff. Sept. 1, 1997; amended by Acts 1997, 75th Leg., ch. 1013,

Sec. 38, eff. Sept. 1, 1997.

Amended by:

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

612, Sec. 13, eff. September 1, 2007.

Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE

TRIED IN JUSTICE COURT. (a) Except as otherwise provided by this

article, a misdemeanor case to be tried in justice court shall be

tried:

(1) in the precinct in which the offense was committed;

(2) in the precinct in which the defendant or any of the

defendants reside; or

(3) with the written consent of the state and each defendant or

the defendant's attorney, in any other precinct within the

county.

(b) In any misdemeanor case in which the offense was committed in

a precinct where there is no qualified justice court, then trial

shall be held:

(1) in the next adjacent precinct in the same county which has a

duly qualified justice court; or

(2) in the precinct in which the defendant may reside.

(c) In any misdemeanor case in which each justice of the peace in

the precinct where the offense was committed is disqualified for

any reason, such case may be tried in the next adjoining precinct

in the same county having a duly qualified justice of the peace.

(d) A defendant who is taken before a magistrate in accordance

with Article 15.18 may waive trial by jury and enter a written

plea of guilty or nolo contendere.

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

Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1,

1999; Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1,

eff. Sept. 1, 2001.

Art. 4.13. JUSTICE MAY FORFEIT BOND. A justice of the peace

shall have the power to take forfeitures of all bonds given for

the appearance of any party at his court, regardless of the

amount.

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

Art. 4.14. JURISDICTION OF MUNICIPAL COURT. (a) A municipal

court, including a municipal court of record, shall have

exclusive original jurisdiction within the territorial limits of

the municipality in all criminal cases that:

(1) arise under the ordinances of the municipality; and

(2) are punishable by a fine not to exceed:

(A) $2,000 in all cases arising under municipal ordinances that

govern fire safety, zoning, or public health and sanitation,

including dumping of refuse; or

(B) $500 in all other cases arising under a municipal ordinance.

(b) The municipal court shall have concurrent jurisdiction with

the justice court of a precinct in which the municipality is

located in all criminal cases arising under state law that:

(1) arise within the territorial limits of the municipality and

are punishable by fine only, as defined in Subsection (c) of this

article; or

(2) arise under Chapter 106, Alcoholic Beverage Code, and do not

include confinement as an authorized sanction.

(c) In this article, an offense which is punishable by "fine

only" is defined as an offense that is punishable by fine and

such sanctions, if any, as authorized by statute not consisting

of confinement in jail or imprisonment.

(d) The fact that a conviction in a municipal court has as a

consequence the imposition of a penalty or sanction by an agency

or entity other than the court, such as a denial, suspension, or

revocation of a privilege, does not affect the original

jurisdiction of the municipal court.

(e) The municipal court has jurisdiction in the forfeiture and

final judgment of all bail bonds and personal bonds taken in

criminal cases of which the court has jurisdiction.

(f) A municipality with a population of 1.9 million or more and

another municipality contiguous to that municipality may enter

into an agreement providing concurrent jurisdiction for the

municipal courts of either jurisdiction for all criminal cases

arising from offenses under state law that are:

(1) committed on the boundary of those municipalities or within

200 yards of that boundary; and

(2) punishable by fine only.

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

Amended by Acts 1983, 68th Leg., p. 3840, ch. 601, Sec. 3, eff.

Sept. 1, 1983; Acts 1985, 69th Leg., ch. 329, Sec. 3, eff. Sept.

1, 1985; Acts 1987, 70th Leg., ch. 641, Sec. 2, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 680, Sec. 1, eff. Sept. 1, 1987;

Acts 1995, 74th Leg., ch. 449, Sec. 3, eff. Sept. 1, 1995;

Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1013, Sec. 39,

eff. Sept. 1, 1997; Subsec. (c) amended by Acts 1997, 75th Leg.,

ch. 533, Sec. 2, eff. Sept. 1, 1997.

Amended by:

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

230, Sec. 1, eff. September 1, 2009.

Art. 4.15. MAY SIT AT ANY TIME. Justice courts and corporation

courts may sit at any time to try criminal cases over which they

have jurisdiction. Any case in which a fine may be assessed shall

be tried in accordance with the rules of evidence and this Code.

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

Art. 4.16. CONCURRENT JURISDICTION. When two or more courts have

concurrent jurisdiction of any criminal offense, the court in

which an indictment or a complaint shall first be filed shall

retain jurisdiction except as provided in Article 4.12.

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

Art. 4.17. TRANSFER OF CERTAIN MISDEMEANORS. On a plea of not

guilty to a misdemeanor offense punishable by confinement in

jail, entered in a county court of a judge who is not a licensed

attorney, on the motion of the state or the defendant, the judge

may transfer the case to a district court having jurisdiction in

the county or to a county court at law in the county presided

over by a judge who is a licensed attorney. The judge may make

the transfer on his own motion. The attorney representing the

state in the case in county court shall continue the prosecution

in the court to which the case is transferred. Provided, in no

case may any such case be transferred to a district court except

with the written consent of the judge of the district court to

which the transfer is sought.

Added by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 6, eff.

Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 295, Sec. 1,

eff. Sept. 1, 1989.

Art. 4.18. CLAIM OF UNDERAGE. (a) A claim that a district court

or criminal district court does not have jurisdiction over a

person because jurisdiction is exclusively in the juvenile court

and that the juvenile court could not waive jurisdiction under

Section 8.07(a), Penal Code, or did not waive jurisdiction under

Section 8.07(b), Penal Code, must be made by written motion in

bar of prosecution filed with the court in which criminal charges

against the person are filed.

(b) The motion must be filed and presented to the presiding judge

of the court:

(1) if the defendant enters a plea of guilty or no contest,

before the plea;

(2) if the defendant's guilt or punishment is tried or determined

by a jury, before selection of the jury begins; or

(3) if the defendant's guilt is tried by the court, before the

first witness is sworn.

(c) Unless the motion is not contested, the presiding judge shall

promptly conduct a hearing without a jury and rule on the motion.

The party making the motion has the burden of establishing by a

preponderance of the evidence those facts necessary for the

motion to prevail.

(d) A person may not contest the jurisdiction of the court on the

ground that the juvenile court has exclusive jurisdiction if:

(1) the person does not file a motion within the time

requirements of this article; or

(2) the presiding judge finds under Subsection (c) that a motion

made under this article does not prevail.

(e) An appellate court may review a trial court's determination

under this article, if otherwise authorized by law, only after

conviction in the trial court.

(f) A court that finds that it lacks jurisdiction over a case

because exclusive jurisdiction is in the juvenile court shall

transfer the case to the juvenile court as provided by Section

51.08, Family Code.

(g) This article does not apply to a claim of a defect or error

in a discretionary transfer proceeding in juvenile court. A

defendant may appeal a defect or error only as provided by

Article 44.47.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 80, eff. Jan. 1,

1996. Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 27, eff.

Sept. 1, 1999; Subsec. (g) added by Acts 1999, 76th Leg., ch.

1477, Sec. 28, eff. Sept. 1, 1999.