Tex. Codes » Penal Code · TITLE 11. ORGANIZED CRIME · CHAPTER 71. ORGANIZED CRIME
Texas Codes

Tex. Penal Code § 71.04 (2026)

Testimonial Immunity

✓ current as of May 2026
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Sec. 71.04. TESTIMONIAL IMMUNITY. (a) A party to an offense under this chapter may be required to furnish evidence or testify about the offense.

(b) No evidence or testimony required to be furnished under the provisions of this section nor any information directly or indirectly derived from such evidence or testimony may be used against the witness in any criminal case, except a prosecution for aggravated perjury or contempt.

Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1995–2022 · leading case: Gaitan v. State, 905 S.W.2d 703 (Tex. App. 1995).
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Gaitan v. State, 905 S.W.2d 703 (Tex. App. 1995). “TexPenal Code Ann. § 71.04 (Vernon 1989); Ex parte Shorthouse, 640 S.”
Desmond Armond Jones v. the State of Texas (Tex. App. 2022). “” TEX. PENAL CODE ANN. § 71.04(a). The statute grants use immunity to any such witness.”
Ex Parte Russell KYLER, 906 S.W.2d 657 (Tex. App. 1995). “Tex.Penal Code Ann. § 71.04 (West 1994). The next day Kyler appeared before the grand jury and declined to answer a question regarding his knowledge of a contract.”
Tex. Penal Code § 71.04(a): 1 case
Desmond Armond Jones v. the State of Texas (Tex. App. 2022). “” TEX. PENAL CODE ANN. § 71.04(a). The statute grants use immunity to any such witness.”
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