Texas law on any date › Code of Criminal Procedure

Code of Criminal Procedure §5

In force on Jan 01, 2021 · this text took effect Jan 01, 2021 · same as today's text

Except as otherwise provided by Article 42A.106 (b), the court after pronouncing the sentence shall inform the defendant of the defendant's right to petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1 , Chapter 411 , Government Code, unless the defendant is ineligible to pursue that right because of the requirements that apply to obtaining the order in the defendant's circumstances, such as: (1) the nature of the offense for which the defendant is convicted; or (2) the defendant's criminal history.

History: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973; Acts 1977, 65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1205 (H.B. 1678 ), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 25.018, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748 ), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725 ), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 2.12, eff. January 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902 ), Sec. 15, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 23.002, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 437 (S.B. 1268 ), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173 ), Sec. 2.13, eff. January 1, 2021.

Source: the Legislature's file server, seen Nov 08, 2026.

Every version on file

Effective Jan 01, 2021 · seen Nov 2026–Nov 2026
Effective Sep 01, 2017 · seen Nov 2026–Nov 2026
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Attorney General opinions that cite it

KP-0273 (Jun 04, 2019): Payment of district attorney pro tern
KP-0010 (Sep 26, 2014): Programs to which jurors may donate their juror reimbursement under subsection 61.003(a)(4) of the Government Code
GA-1077 (Feb 24, 2014): Whether the early termination of deferred adjudication is a reportable conviction or adjudication for ptu])Oses of chapter 62 of the Code of Crimjnal Procedure
GA-0927 (Nov 02, 2011): Whether article 4.19 of the Code of Criminal Procedure permits a child under the age of seventeen who has been transferred to criminal court for prosecution to be detained in a facility that does not comply with subsection 51.12(f) of the Family Code
GA-0888 (May 06, 2011): Whether a prosecutor must obtain the approval of the presiding judge before advancing funds for travel expenses to a nonresident witness
GA-0680 (May 13, 2008): Whether the Texas Department of Insurance may access criminal history record information that is subjectto anondisclosure orderunder Government Code section 411.081(d)
GA-0256 (Apr 09, 2004): Whether a commissioned peace officer employed by the state or a political subdivision violates section 36.07 of the Penal Code by working off-duty for a private employer
JM-1131 (Dec 29, 1989): Applicability of article and Drug Abuse 5561cc, V.T.C.S., to local 1705 Guadalupe substance abuse treatment Austin, Texas 78701-1214 facilities or court residen- tial treatment facilities
JM-0759 (Jul 28, 1987): Whether the TexasDepartment of Corrections granting of good time to prisoners for time iu- carcerated in a county jail vio- lates section 3(c) of article 6181-l. V.T.C.S.
WW-0998 (Feb 23, 1961): Constitutionality of H. B. 57, amending Article 680, Code of Criminal Procedure of Texas, to provide for alternate jurors in felony cases'when a juror becomes unable or disqualified to continue. The Criminal Jurisprudence Committee of the House of Representatives has requested an opinion on the constitutionality of H. B. 57, 57th Legis- lature, which would amend Article 680 of the Code of Criminal Procedure of Texas, 1925, so as to make Article 680, C. C. P. read as follows: "In felony cases the courtmay direct that one (1) or two (2) jurors in addition to the regular jury be called and impane
DM-0072: Whether the Dallas City Council may control the use of funds confiscated pursuant to the asset forfeiture law

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.