Texas statute
Tex. Code Crim. Proc. art. 33.03 — Presence of defendant
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 33: THE MODE OF TRIAL, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 33.03
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor when the punishment or any part thereof is imprisonment in jail; provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the indictment or information, or after the jury has been selected when trial is before a jury, the trial may proceed to its conclusion. When the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial. Provided, however, that the presence of the defendant shall not be required at the hearing on the motion for new trial in any misdemeanor case.
Official sources
This reference is informational and is not legal advice.