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Texas Laws | Criminal Procedure
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE

Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (3134)

Art. 17A.07. PRESENCE OF CORPORATION OR ASSOCIATION. (3135)(Text)

(a) A defendant corporation or association appears through counsel. (3136)

(b) If a corporation or association does not appear in response to summons, or appears but fails or refuses to plead: (3137)

(1) it is deemed to be present in person for all purposes; and (3138)

(2) the court shall enter a plea of not guilty in its behalf; and (3139)

(3) the court may proceed with trial, judgment, and sentencing. (3140)

(c) If, having appeared and entered a plea in response to summons, a corporation or association is absent without good cause at any time during later proceedings: (3141)

(1) it is deemed to be present in person for all purposes; and (3142)

(2) the court may proceed with trial, judgment, or sentencing. (3143)

Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (3144)

Art. 17A.08. PROBATION. (3145)(Text)

The benefits of the adult probation laws shall not be available to corporations and associations. (3146)

Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (3147)

Art. 17A.09. NOTIFYING ATTORNEY GENERAL OF CORPORATION'S CONVICTION. (3148)(Text)

If a corporation is convicted of an offense, or if a high managerial agent is convicted of an offense committed in the conduct of the affairs of the corporation, the court shall notify the attorney general in writing of the conviction when it becomes final and unappealable. The notice shall include: (3149)

(1) the corporation's name, and the name of the corporation's registered agent and the address of the registered office, or the high managerial agent's name and address, or both; and (3150)

(2) certified copies of the judgment and sentence and of the complaint, information, or indictment on which the judgment and sentence were based. (3151)

Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (3152)

CHAPTER 18. SEARCH WARRANTS (3153)(Text)

Art. 18.01. SEARCH WARRANT. (3154)(Text)

(a) A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. (3155)

(b) No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance. A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested. Except as provided by Article 18.011, the affidavit becomes public information when the search warrant for which the affidavit was presented is executed, and the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours. (3156)

(b-1)(1) For purposes of this article, a magistrate may consider information communicated by telephone or other reliable electronic means in determining whether to issue a search warrant. The magistrate may examine an applicant for a search warrant and any person on whose testimony the application is based. The applicant or other person must be placed under oath before the examination. (3157)

(2) If an applicant for a search warrant attests to the contents of an affidavit submitted by reliable electronic means, the magistrate must acknowledge the attestation in writing on the affidavit. If the magistrate considers additional testimony or exhibits, the magistrate must: (3158)

(A) ensure that the testimony is recorded verbatim by an electronic recording device, by a court reporter, or in writing; (3159)

(B) ensure that any recording or reporter's notes are transcribed and that the transcription is certified as accurate and is preserved; (3160)

(C) sign, certify the accuracy of, and preserve any other written record; and (3161)

(D) ensure that the exhibits are preserved. (3162)

(3) An applicant for a search warrant who submits information as authorized by this subsection must prepare a proposed duplicate original of the warrant and must read or otherwise transmit its contents verbatim to the magistrate. A magistrate must enter into an original search warrant the contents of a proposed duplicate original that are read to the magistrate. If the applicant transmits the contents by reliable electronic means, the transmission received by the magistrate may serve as the original search warrant. (3163)

(4) The magistrate may modify a search warrant that is submitted as described by Subdivision (3). If the magistrate modifies the warrant, the magistrate must: (3164)

(A) transmit the modified version to the applicant by reliable electronic means; or (3165)

(B) file the modified original and direct the applicant to modify the proposed duplicate original accordingly. (3166)

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