Skip to main content

Chapter 38: Evidence in Criminal Actions

Texas Code of Criminal Procedure – 2026

All Sections Code of Criminal Procedure Overview ← Previous Chapter 37: The Verdict Next → Chapter 39: Depositions and Discovery

All Sections

Chapter 1: General Provisions Chapter 2: General Duties of Officers Chapter 2A: Officers; Powers and Duties Chapter 2B: Law Enforcement Interactions with Public Chapter 3: Definitions Chapter 4: Courts and Criminal Jurisdiction Chapter 5: Family Violence Prevention Chapter 5A: Preventing, Investigating, and Prosecuting Family Violence Chapter 5B: Procedures for Certain Offenses Involving Illegal Entry Into This State Chapter 5C: Procedures for Real Property Theft and Fraud Chapter 6: Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses Chapter 7: Proceedings Before Magistrates to Prevent Offenses Chapter 7B: Protective Orders Chapter 7C: Prohibition on Recognition, Service, and Enforcement of Extreme Risk Protective Orders Chapter 8: Suppression of Riots and Other Disturbances Chapter 9: Offenses Injurious to Public Health Chapter 9A: Trade, Business, or Occupation Injurious to Public Health Chapter 11: Habeas Corpus Chapter 12: Limitation Chapter 13A: Venue Chapter 14: Arrest Without Warrant Chapter 15: Arrest Under Warrant Chapter 16: The Commitment or Discharge of the Accused Chapter 17: Bail Chapter 17A: Corporations and Associations Chapter 18: Search Warrants Chapter 18A: Detection, Interception, and Use of Wire, Oral, and Electronic Communications Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications Chapter 19A: Grand Jury Organization Chapter 20A: Grand Jury Proceedings Chapter 21: Indictment and Information Chapter 22: Forfeiture of Bail Chapter 23: The Capias Chapter 24: Subpoena and Attachment Chapter 24A: Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information Chapter 25: Service of a Copy of the Indictment Chapter 26: Arraignment Chapter 27: The Pleading in Criminal Actions Chapter 28: Motions, Pleadings and Exceptions Chapter 29: Continuance Chapter 30: Disqualification of the Judge Chapter 31A: Change of Venue Chapter 32: Dismissing Prosecutions Chapter 32A: Speedy Trial Chapter 33: The Mode of Trial Chapter 34: Special Venire in Capital Cases Chapter 35: Formation of the Jury Chapter 36: The Trial Before the Jury Chapter 37: The Verdict Chapter 38: Evidence in Criminal Actions Chapter 39: Depositions and Discovery Chapter 40: New Trials Chapter 41: Arrest of Judgment Chapter 42: Judgment and Sentence Chapter 42A: Community Supervision Chapter 43: Execution of Judgment Chapter 44: Appeal and Writ of Error Chapter 45A: Justice and Municipal Courts Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability Chapter 46B: Incompetency to Stand Trial Chapter 46C: Insanity Defense Chapter 47: Disposition of Stolen Property Chapter 48: Pardon and Parole Chapter 49: Inquests Upon Dead Bodies Chapter 49A: Death Inquests Chapter 50: Fire Inquests Chapter 50A: Fire Inquests Chapter 51: Fugitives from Justice Chapter 52: Court of Inquiry Chapter 55A: Expunction of Criminal Records Chapter 56A: Rights of Crime Victims Chapter 56B: Crime Victims' Compensation Chapter 56C: Landowner Compensation for Property Damage Caused by Certain Criminal Activities Chapter 58: Confidentiality of Identifying Information and Medical Records of Certain Crime Victims Chapter 59: Forfeiture of Contraband Chapter 62: Sex Offender Registration Program Chapter 63: Missing Children and Missing Persons Chapter 64: Motion for Forensic Dna Testing Chapter 65: Terrorist Offender Registration Program Chapter 66: Criminal History Record System Chapter 67: Compilation of Information Pertaining to Combinations and Criminal Street Gangs Chapter 101: General Provisions Chapter 102: Costs, Fees, and Fines Paid by Defendants Chapter 103: Payment, Collection, and Recordkeeping Chapter 104: Certain Expenses Paid by State or County
Art. 38.01 TEXAS FORENSIC SCIENCE COMMISSION Art. 38.02 EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE OF CERTAIN INFORMATION Art. 38.03 PRESUMPTION OF INNOCENCE Art. 38.04 JURY ARE JUDGES OF FACTS Art. 38.05 JUDGE SHALL NOT DISCUSS EVIDENCE Art. 38.07 TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL OFFENSE Art. 38.071 TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE Art. 38.072 HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS Art. 38.073 TESTIMONY OF INMATE WITNESSES Art. 38.074 TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE Art. 38.075 CORROBORATION OF CERTAIN TESTIMONY REQUIRED Art. 38.076 TESTIMONY OF FORENSIC ANALYST BY VIDEO TELECONFERENCE Art. 38.08 DEFENDANT MAY TESTIFY Art. 38.10 EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE Art. 38.101 COMMUNICATIONS BY DRUG ABUSERS Art. 38.11 JOURNALIST'S QUALIFIED TESTIMONIAL PRIVILEGE IN CRIMINAL PROCEEDINGS Art. 38.111 NEWS MEDIA RECORDINGS Art. 38.12 RELIGIOUS OPINION Art. 38.14 TESTIMONY OF ACCOMPLICE Art. 38.141 TESTIMONY OF UNDERCOVER PEACE OFFICER OR SPECIAL INVESTIGATOR Art. 38.15 TWO WITNESSES IN TREASON Art. 38.16 EVIDENCE IN TREASON Art. 38.17 TWO WITNESSES REQUIRED Art. 38.18 PERJURY AND AGGRAVATED PERJURY Art. 38.19 INTENT TO DEFRAUD: CERTAIN OFFENSES Art. 38.20 PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION PROCEDURES Art. 38.21 STATEMENT Art. 38.22 WHEN STATEMENTS MAY BE USED Art. 38.23 EVIDENCE NOT TO BE USED Art. 38.24 STATEMENTS OBTAINED BY INVESTIGATIVE HYPNOSIS Art. 38.25 WRITTEN PART OF INSTRUMENT CONTROLS Art. 38.27 EVIDENCE OF HANDWRITING Art. 38.30 INTERPRETER Art. 38.31 INTERPRETERS FOR DEAF PERSONS Art. 38.32 PRESUMPTION OF DEATH Art. 38.33 PRESERVATION AND USE OF EVIDENCE OF CERTAIN MISDEMEANOR CONVICTIONS Art. 38.34 PHOTOGRAPHIC EVIDENCE IN THEFT CASES Art. 38.35 FORENSIC ANALYSIS OF EVIDENCE; ADMISSIBILITY Art. 38.36 EVIDENCE IN PROSECUTIONS FOR MURDER Art. 38.37 EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS Art. 38.371 EVIDENCE IN PROSECUTION OF OFFENSE COMMITTED AGAINST MEMBER OF DEFENDANT'S FAMILY OR HOUSEHOLD OR PERSON IN DATING RELATIONSHIP WITH DEFENDANT Art. 38.372 EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR Art. 38.38 EVIDENCE RELATING TO RETAINING ATTORNEY Art. 38.39 EVIDENCE IN AN AGGREGATION PROSECUTION WITH NUMEROUS VICTIMS Art. 38.40 EVIDENCE OF PREGNANCY Art. 38.41 CERTIFICATE OF ANALYSIS Art. 38.42 CHAIN OF CUSTODY AFFIDAVIT Art. 38.43 EVIDENCE CONTAINING BIOLOGICAL MATERIAL Art. 38.435 PROHIBITED USE OF EVIDENCE FROM FORENSIC MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL ASSAULT OR OTHER SEX OFFENSE; PLACEMENT UNDER SEAL Art. 38.44 ADMISSIBILITY OF ELECTRONICALLY PRESERVED DOCUMENT Art. 38.45 EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY CHILD OR MINOR Art. 38.451 EVIDENCE DEPICTING INVASIVE VISUAL RECORDING Art. 38.46 EVIDENCE IN PROSECUTIONS FOR STALKING Art. 38.47 EVIDENCE IN AGGREGATION PROSECUTION FOR FRAUD OR THEFT COMMITTED WITH RESPECT TO NUMEROUS MEDICAID OR MEDICARE RECIPIENTS Art. 38.471 EVIDENCE IN PROSECUTION FOR EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL Art. 38.48 EVIDENCE IN PROSECUTION FOR TAMPERING WITH WITNESS OR PROSPECTIVE WITNESS INVOLVING FAMILY VIOLENCE Art. 38.49 FORFEITURE BY WRONGDOING Art. 38.50 RETENTION AND PRESERVATION OF TOXICOLOGICAL EVIDENCE OF CERTAIN INTOXICATION OFFENSES Art. 38.51 EVIDENCE IN PROSECUTION FOR ORGANIZED RETAIL THEFT