Texas Code of Criminal Procedure Art. 1.01–1.03

The Texas Penal Code says what is a crime. The Texas Code of Criminal Procedure says how the State is allowed to go about proving it — arrest, bail, indictment, discovery, trial, and appeal. Brian Foley begins his walkthrough of the Code with its first three articles in this video.

Art. 1.01 — Short title

"This Act shall be known, and may be cited, as the 'Code of Criminal Procedure.'" The current Code dates from 1965, replacing the 1925 version, and has been amended in nearly every legislative session since.

Art. 1.02 — Effective date

The Code took effect on January 1, 1966, and governs all criminal proceedings from that date forward. Later amendments carry their own effective dates, which matters when the procedure that applies to a case depends on when the offense was committed.

Art. 1.03 — Objects of the Code

This is the article worth reading closely. It declares that the Code intends to embrace rules applicable to the prevention and prosecution of offenses, and that its objects are:

1. To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To ensure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense the best evidence obtainable;
5. To insure a fair and impartial trial; and
6. The certainty of punishment and its speedy execution, tempered by the protection of the innocent.

Why a defense lawyer cares

Article 1.03 is cited in briefs on both sides. Prosecutors point to "exclude the offender from all hope of escape." Defense lawyers point to "the best evidence obtainable," "a fair and impartial trial," and "the protection of the innocent" when arguing for discovery, for exclusion of unreliable evidence, and for dismissal of stale cases. Courts construe the rest of the Code in light of these purposes, so the article is more than a preamble.

Continue to Articles 1.04 and 1.05, browse the Code of Criminal Procedure index, or call or text (713) 703-1718 to speak with former prosecutors Brian Foley and Luis Baez.