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Texas Code of Criminal Procedure - CRIM P Art. § 45A.101. Complaint

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025 >

(a) A complaint is sufficient, without regard to form, if the complaint substantially satisfies the following requirements:

(1) is in writing;

(2) begins with “In the name and by the authority of the State of Texas”;

(3) either:

(A) states the name of the accused person; or

(B) if the name of the accused person is unknown, includes a reasonably definite description of the accused person;

(4) either:

(A) shows that the accused person has committed an offense against the law of this state; or

(B) states that the affiant has good reason to believe and does believe that the accused person has committed an offense against the law of this state;

(5) states the date the offense was committed as definitely as the affiant is able to provide;

(6) bears the signature or mark of the affiant; and

(7) concludes with the words “Against the peace and dignity of the State.”

(b) If the offense charged is an offense under a municipal ordinance only, the complaint may also conclude with the words “Contrary to the said ordinance.”

(c) A complaint must allege that the offense was committed:

(1) in the county in which the complaint is made, if filed in justice court; or

(2) in the territorial limits of the municipality in which the complaint is made, if filed in municipal court.

(d) A complaint may be sworn to before any officer authorized to administer oaths.

(e) A complaint in a municipal court may be sworn to before:

(1) the municipal judge;

(2) the clerk of the court or a deputy clerk;

(3) the municipal secretary; or

(4) the municipal attorney or a deputy municipal attorney.

(f) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.41, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Subsection (e) of that section.

(g) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 45A.101. Complaint - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45a-101/

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