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 TELEGRAPHED.  A warrant of arrest may be forwarded by
telegraph 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 his 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.
Art. 15.09. COMPLAINT BY TELEGRAPH.  A complaint in accordance with Article 15.05, may be
telegraphed, as provided in the preceding Article, 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.
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 video conferencing.
(b) After an accused charged with a misdemeanor punishable by fine only is taken before a
magistrate under Subsection (a) of this article 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 county court or statutory county 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.
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; 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.
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.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 1240, Sec. 4
(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
new school officials 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 new school officials shall, within 24 hours of
receiving notification under this subsection, notify all instructional and support personnel who
have regular contact with the student.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 492, Sec. 1
(c)  A parole or probation office 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 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 promptly 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.
Our law firm has handled thousands of criminal charges
including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation,
Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed,
reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
Any time you are charged with a criminal charge it is a
very serious matter requiring a criminal lawyer.


Long term effects can include a criminal record FOR LIFE, affect
your ability to get a job, obtain credit including denial of a
mortgage application, loss of your Driver's License, surcharges
on your License......and the list goes on and on.  These can be
avoided with a good Houston Criminal Defense Lawyer.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND
SOVEREIGNTY OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION
OF CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER
FOR EMERGENCY
PROTECTION INVOLVING
FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS
OF UNSOUND MIND
BILLS OF ATTAINDER; EX
POST FACTO OR
RETROACTIVE LAWS;
IMPAIRING OBLIGATION OF
CONTRACTS
DAMAGING, OR
DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE
OF LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS
OF CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF
REPRESENTATIVES
Senators and
Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities
such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River
Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County •
Brazoria County • Harris County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All
misdemeanors including DWI, also called DUI and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen
has over 17 years
criminal defense
experience.