Texas Code of Criminal Procedure

§ 11.08 — APPLICANT ACCUSED OF FELONY

CR § 11.08Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 11. HABEAS CORPUS

Statute text

If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:

(1)to the judge of the court in which the indictment or information charging the applicant is pending; or

(2)if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:

(A)to any judge with felony jurisdiction in a county to which the writ is returnable; or

(B)if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A). Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by:

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 4, eff. September 1, 2023.