Texas § CR.11.06 - WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION

§ CR.11.06. WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION

WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION. (a) If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which: (1) the applicant is confined to the custody of the sheriff or other authority; (2) the applicant is alleged, by any means including the issuance of a warrant for the applicant's arrest or the applicant's arrest pursuant to Chapter 14 , to have committed a criminal offense that provides the basis for the restraint from which the application seeks relief; or (3) if neither Subdivision (1) nor (2) applies, the action imposing a restraint on the applicant's liberty occurred. (b) After the applicant has been charged by indictment or information, and before any conviction of the applicant, the writ must be made returnable to the county in which the indictment or information is pending. (c) After final conviction in any misdemeanor case, the writ must be made returnable to the county in which the applicant was convicted. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by: Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516 ), Sec. 3, eff. September 1, 2023.