CODE OF
CRIMINAL PROCEDURE
TITLE 1.
CODE OF CRIMINAL PROCEDURE
CHAPTER
52. COURT OF INQUIRY
Art. 52.01. COURTS OF INQUIRY
CONDUCTED BY DISTRICT JUDGES. (a) When a judge of any district court of this
state, acting in his capacity as magistrate, has probable cause to believe that
an offense has been committed against the laws of this state, he may request
that the presiding judge of the administrative judicial district appoint a
district judge to commence a Court of Inquiry.
The judge, who shall be appointed in accordance with Subsection (b), may
summon and examine any witness in relation to the offense in accordance with
the rules hereinafter provided, which procedure is defined as a "Court of
Inquiry".
(b)(1)
Before requesting the presiding judge to appoint a district judge to commence a
Court of Inquiry, a judge must enter into the minutes of his court a sworn
affidavit stating the substantial facts establishing probable cause that a
specific offense has been committed against the laws of this state.
(2)
After the affidavit has been entered into the minutes of his court and a copy
filed with the district clerk, the judge shall request the presiding judge of
the administrative judicial district in which the affidavit is filed to appoint
a judge to commence the Court of Inquiry.
The judge appointed to commence the Court of Inquiry shall issue a
written order commencing the Court of Inquiry and stating its scope. The presiding judge shall not name the judge
who requests the Court of Inquiry to preside over the Court of Inquiry.
(c) The
district or county attorney of the district or county in which the Court of
Inquiry is held shall assist the district judge in conducting the Court of
Inquiry. The attorney shall examine
witnesses and evidence admitted before the court to determine if an offense has
been committed and shall render other assistance to the judge as is necessary
in the proceeding.
(d) If
the Court of Inquiry pertains to the activities of the district or county
attorney or to the attorney's office, deputies, or employees, or if the
attorney is otherwise disqualified in the proceeding, the judge shall appoint
one attorney pro tem to assist in the proceeding. In any other circumstance, the judge may
appoint an attorney pro tem to assist in the proceeding.
(e) If
more than one Court of Inquiry is commenced which pertains to the activities of
a state governmental entity or public servant thereof, then, upon motion of the
state governmental entity or public servant, made to the presiding judge or
judges of the administrative judicial region or regions where the Courts of
Inquiry have been commenced, the presiding judge or judges shall transfer the
Courts of Inquiry to the presiding administrative judge of Travis County. The presiding administrative judge of Travis
County shall consolidate the Courts of Inquiry for further proceedings and
shall assign a district judge to preside over the consolidated Courts of
Inquiry.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 34, eff. Aug.
28, 1967. Amended
by Acts 1987, 70th Leg., ch. 534, Sec. 1, eff. Sept. 1, 1987. Subsecs. (a), (b) amended by and subsec. (e)
added by Acts 1995, 74th Leg., ch. 318, Sec. 65, eff. Sept. 1, 1995.
Art. 52.02. EVIDENCE; DEPOSITION;
AFFIDAVITS. At the hearing at a
Court of Inquiry, evidence may be taken orally or by deposition, or, in the
discretion of the judge, by affidavit.
If affidavits are admitted, any witness against whom they may bear has
the right to propound written interrogatories to the affiants or to file
answering affidavits.
The judge in
hearing such evidence, at his discretion, may conclude not to sustain
objections to all or to any portion of the evidence taken nor exclude
same; but any of the witnesses or
attorneys engaged in taking the testimony may have any objections they make
recorded with the testimony and reserved for the action of any court in which
such evidence is thereafter sought to be admitted, but such court is not
confined to objections made at the taking of the testimony at the Court of
Inquiry.
Without restricting the
foregoing, the judge may allow the introduction of any documentary or real
evidence which he deems reliable, and the testimony adduced before any grand
jury.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 35, eff. Aug.
28, 1967.
Art. 52.03. SUBPOENAS. The judge or his clerk has power to issue
subpoenas which may be served within the same territorial limits as subpoenas
issued in felony prosecutions or to summon witnesses before grand juries in
this state.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 36, eff. Aug.
28, 1967.
Art. 52.04. RIGHTS OF
WITNESSES. (a) All witnesses testifying in any Court of
Inquiry have the same rights as to testifying as do defendants in felony
prosecutions in this state. Before any
witness is sworn to testify in any Court of Inquiry, he shall be instructed by
the judge that he is entitled to counsel;
that he cannot be forced to testify against himself; and that such testimony may be taken down and
used against him in a later trial or trials ensuing from the instant Court of
Inquiry. Any witness or his counsel has
the right to fully cross-examine any of the witnesses whose testimony bears in
any manner against him.
(b) If
the Court of Inquiry pertains to the activities of a state governmental entity
or its officers or employees, the officers and employees of that state
governmental entity shall be indemnified for attorney's fees incurred as a
result of exercising the employees' or officers' right to counsel under
Subsection (a) if:
(1) the
officer or employee is found not guilty after a trial or appeal or the
complaint, information, or indictment is dismissed without a plea of guilty or
nolo contendere being entered; and
(2) the
judge commencing the Court of Inquiry, or the judge to whom the Court of
Inquiry was transferred pursuant to Article 52.01(e), determines that the complaint, information, or
indictment presented against the person was dismissed because:
(A) the
presentment was made on mistake, false information, or other similar basis,
indicating absence of probable cause to believe, at the time of dismissal, the
person committed the offense; or
(B) the
complaint, information, or indictment was void.
(c) The
county in which the affidavit under Article 52.01 was filed shall be responsible for any attorney's fees
awarded under Subsection (b).
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 37, eff. Aug.
28, 1967. Amended
by Acts 1995, 74th Leg., ch. 318, Sec. 66, eff. Sept. 1, 1995.
Art. 52.05. WITNESS MUST
TESTIFY. A person may be compelled to
give testimony or produce evidence when legally called upon to do so at any
Court of Inquiry; however, if any person
refuses or declines to testify or produce evidence on the ground that it may
incriminate him under laws of this state, then the judge may, in his
discretion, compel such person to testify or produce evidence but the person
shall not be prosecuted or subjected to any penalty or forfeiture for, or on
account of, any transaction, matter or thing concerning which he may be
compelled to testify or produce evidence at such Court of Inquiry.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1751, ch. 659, Sec. 38, eff. Aug.
28, 1967.
Art. 52.06. CONTEMPT. Contempt of court in a Court of Inquiry may
be punished by a fine not exceeding One Hundred Dollars ($100.00) and any
witness refusing to testify may be attached and imprisoned until he does testify.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.07. STENOGRAPHIC
RECORD; PUBLIC HEARING. All evidence taken at a Court of Inquiry
shall be transcribed by the court reporter and all proceedings shall be open to
the public.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.08. CRIMINAL
PROSECUTIONS. If it appear from a Court
of Inquiry or any testimony adduced therein, that an offense has been
committed, the Judge shall issue a warrant for the arrest of the offender as if
complaint had been made and filed.
Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.09. COSTS AND ATTORNEY'S
FEES. (a) All costs incurred in conducting a Court of
Inquiry, including compensation of an attorney pro tem, shall be borne by the
county in which said Court of Inquiry is conducted; provided, however, that where the Attorney
General of Texas has submitted a request in writing to the judge for the
holding of such Court of Inquiry, then and in that event the costs shall be
borne by the State of Texas and shall be taxed to the attorney general and paid
in the same manner and from the same funds as other court costs.
(b)
Assistance by a county or district attorney to a Court of Inquiry is a duty of
the attorney's office, and the attorney may not receive a fee for the
service. A county is not liable for
attorney's fees claimed for assistance in a Court of Inquiry by any attorney
other than an attorney pro tem appointed under Article 52.01(d) of this code.
(c) An attorney pro tem appointed under Article 52.01(d) is entitled to compensation in the same amount and
manner as an attorney appointed to represent an indigent person. The district judge shall set the compensation
of the attorney pro tem based on the sworn testimony of the attorney or other
evidence that is given in open court.
Acts 1965,
59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1967, 60th Leg., p. 1752, ch. 659, Sec. 39, eff. Aug.
28, 1967. Amended
by Acts 1987, 70th Leg., ch. 534, Sec. 1, eff. Sept. 1, 1987.
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