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CCP
CODE OF CRIMINAL PROCEDURE
| Question | Answer |
|---|---|
| Art. 1.02. EFFECTIVE DATE. | This Code shall take effect and be in force on and after January 1, 1966. |
| Art. 1.03. OBJECTS OF THIS CODE. | Intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, |
| Art. 1.03. OBJECTS OF THIS CODE, PART 2 | Rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who are to act under them, Applicable to all persons whose rights are to be affected by CCP. |
| Art. 1.03. OBJECTS OF THIS CODE, PART 3 | Seeks to: 1. To adopt measures for preventing the commission of crime; 2. To exclude the offender from all hope of escape; 3. To insure a trial with as little delay as is consistent with the ends of justice; |
| Art. 1.03. OBJECTS OF THIS CODE, PART 4 | 4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal; 5. To insure a fair and impartial trial; and 6. The certain execution of the sentence of the law when declared. |
| Art. 1.04. DUE COURSE OF LAW. | No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. |
| Art. 1.05. RIGHTS OF ACCUSED. | In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. |
| Art. 1.05. RIGHTS OF ACCUSED, PART 2 | He shall have the right of being heard by himself, or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. |
| Art. 1.05. RIGHTS OF ACCUSED, PART 3 | No person shall be held to answer for a felony unless on indictment of a grand jury. |
| Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL. | A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding. |
| Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL, PART 2 | The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding. |
| Art. 1.06. SEARCHES AND SEIZURES. | The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches. |
| Art. 1.06. SEARCHES AND SEIZURES, PART 2 | No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation. |
| Art. 1.07. RIGHT TO BAIL. | All prisoners shall be bailable unless for capital offenses when the proof is evident. |
| Art. 1.08. HABEAS CORPUS. | The writ of habeas corpus is a writ of right and shall never be suspended. |
| Art. 1.09. CRUELTY FORBIDDEN. | Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. |
| Art. 1.10. JEOPARDY. | No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction. |
| Art. 1.11. ACQUITTAL A BAR. | An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been; |
| Art. 1.11. ACQUITTAL A BAR, PART 2 | But if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction. |
| Art. 1.12. RIGHT TO JURY. | The right of trial by jury shall remain inviolate. |
| Art. 1.13. WAIVER OF TRIAL BY JURY | The defendant in a crml prosecution for any offense other than a capital felony case in which the st notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury |
| Art. 1.13. WAIVER OF TRIAL BY JURY, PART 2 | The waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the state. |
| Art. 1.13. WAIVER OF TRIAL BY JURY, PART 3 | In a cptl flny case in which the atty rprst the St notifies the crt and the dfdt that it will not seek the death pntly, the dfdt may waive the right to trial by jury but only if the atty reprs the St, in writing and in open court, consents to the waiver |
| Art. 1.13. WAIVER OF TRIAL BY JURY, PART 4 | Before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him. |
| Art. 1.14. WAIVER OF RIGHTS. | The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by Article 1.13(b) |
| Art. 1.141. WAIVER OF INDICTMENT FOR NONCAPITAL FELONY. | A prsn rprs by legal counsel may in open crt or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony. On waiver as provided in this article, the accused shall be charged by information. |
| Art. 1.15. JURY IN FELONY. | No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering a plea, has in open crt in person waived his right of trial by jury in wrt in accordance with Articles 1.13 and 1.14 |
| Art. 1.16. LIBERTY OF SPEECH AND PRESS. | Every person shall be at liberty to speak, write or publish his opinion on any subject, being liable for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. |
| Art. 1.17. RELIGIOUS BELIEF. | No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of any religious belief; |
| Art. 1.17. RELIGIOUS BELIEF, PART 2 | but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury. |
| Art. 1.18. OUTLAWRY AND TRANSPORTATION. | No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same. |
| Art. 1.21. PRIVILEGE OF LEGISLATORS. | Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, |
| Art. 1.21. PRIVILEGE OF LEGISLATORS, PART 2 | and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened. |
| Art. 1.23. DIGNITY OF STATE. | All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be conservators of the peace throughout the State. |
| Art. 1.23. DIGNITY OF STATE, PART 2 | The style of all writs and process shall be "The State of Texas". All prosecutions shall be carried on "in the name and by authority of The State of Texas", and conclude, "against the peace and dignity of the State". |
| Art. 1.24. PUBLIC TRIAL. | The proceedings and trials in all courts shall be public. |
| Art. 1.25. CONFRONTED BY WITNESSES | The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where depositions have been taken. |
| Art. 1.26. CONSTRUCTION OF THIS CODE | The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature: The prevention, suppression and punishment of crime. |
| Art. 1.27. COMMON LAW GOVERNS. | If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law shall be applied and govern. |
| Art. 2.09. WHO ARE MAGISTRATES. | The justices of the Supreme Crt, Judges of the Crt of Crml Appeals, Justices of the Crts of Appeals, Judges of the Dstr Crt, Magistrates appointed by the judges of the dstr crts of Bexar, Dal,or Trrt Counties that give pref to crml cases |
| Art. 2.09. WHO ARE MAGISTRATES, PART 2 | The county judges, Judges of the county courts at law, Judges of the county criminal courts, Judges of statutory probate courts, Associate judges appointed by the judges of the statutory probate courts, Justices of the peace, |
| Art. 2.09. WHO ARE MAGISTRATES, PART 3 | Mayors and recorders and Judges of the municipal courts of incorporated cities or towns. |
| Art. 2.10. DUTY OF MAGISTRATES. | It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; |
| Art. 2.10. DUTY OF MAGISTRATES, PART 2 | to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment. |
| Art. 2.11. EXAMINING COURT. | When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. |
| Art. 2.12. WHO ARE PEACE OFFICERS. | sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer |
| Art. 2.12. WHO ARE PEACE OFFICERS, PART 2 | marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license |
| Art. 2.12. WHO ARE PEACE OFFICERS, PART 3 | rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety; investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; |
| Art. 2.12. WHO ARE PEACE OFFICERS, PART 4 | law enforcement agents of the Texas Alcoholic Beverage Commission; each member of an arson investigating unit commissioned by a city, a county, or the state; Anyone who works for a governmental unit of governmentand holds a peace officer license |
| Art. 2.121. RAILROAD PEACE OFFICERS. | The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a rr cmpy to aid LE agencies in the protection of rr property and the protection of the persons and prpt of rr passengers and employees. |
| Art. 2.121. RAILROAD PEACE OFFICERS, PART 2 | A rr PO may make arrests and exercise all auth given PO's under this code when nec to prvt or abate the comms of an offense invl inj to passngrs + employees of the rr or damage to rr prop or to protect rr prop or prop in the custody or control of the rr. |
| Art. 2.121. RAILROAD PEACE OFFICERS, PART 3 | A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. |
| Art. 2.122. SPECIAL INVESTIGATORS. | The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only: |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 2 | Special Agents of the Federal Bureau of Investigation (FBI) Special Agents of the Secret Service; Special Agents of the United States Immigration and Customs Enforcement (ICE) |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 3 | Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) Special Agents of the United States Drug Enforcement Administration (DEA) Inspectors of the United States Postal Inspection Service; |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 4 | Special Agents of the Criminal Investigation Division of the Internal Revenue Service; Civilian Special Agents of the United States Naval Criminal Investigative Service; Marshals and Deputy Marshals of the United States Marshals Service; |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 5 | Special Agents of the United States Department of State, Bureau of Diplomatic Security; Special Agents of the Treasury Inspector General for Tax Administration; |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 6 | Special Agents of the Office of Inspector General of the United States Social Security Administration; Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; and |
| Art. 2.122. SPECIAL INVESTIGATORS. | a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 2 | A prsn desig as a spl policeman by the Federal Protective Services division of the General Services Administration under 40 U.S.C. Sctn 318 or 318d is not a PO but has the powers of arrest and search and seizure as to any offense under the laws of this st |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 3 | A Customs and Border Protection Officer or Border Patrol Agent of the US Customs and Border Protection or an immigration enforcement agent or deportation officer of the DHS is not a peace officer under the laws of this state but |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 4 | on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 5 | or at a permanent established border patrol traffic cp, has the authority to detain a person pending transfer without unnecessary delay to a PO if the agent or officer has probable cause to believe that the person has engaged in conduct |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 6 | that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 7 | A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state, except that the officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 8 | the boundaries of a national park or national recreation area. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. Section 1c(a). |
| Art. 2.122. SPECIAL INVESTIGATORS. | e) A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 2 | search, and seizure as to any offense under the laws of this state committed within the National Forest System. In this subsection, "National Forest System" has the meaning assigned by 16 U.S.C. Section 1609. |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 3 | (f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 4 | are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of their duties |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 5 | on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site. |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 6 | (g) In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Section 3056(a) or investigating a threat against a person described by |
| Art. 2.122. SPECIAL INVESTIGATORS, PART 7 | 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to: (1) misdemeanor offenses under the laws of this state; and (2) any criminal offense under federal law. |
| Art. 2.123. ADJUNCT POLICE OFFICERS. | Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 2 | of higher education, provided the governing board of such institution consents, may appoint up to 50 peace officers who are commissioned under Section 51.212, Education Code, |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 3 | and who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county. |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 4 | Officers appointed under this article shall aid LE agencies in the protection of the municipality or county in a geo area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 5 | The geographical area that is subject to designation under Subsection (a) of this article may include only the private institution's campus area and an area that: |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 6 | (1) is adjacent to the campus of the private institution; (2) doesnt extend further than a distance of 1 mile from the perimeter of the campus of the private institution; and (3) is inhabited primarily by students or employees of the pvt institution. |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 7 | (c) A PO serving as an adjunct police officer may make arrests and exercise all authority given PO under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. |
| Art. 2.123. ADJUNCT POLICE OFFICERS, PART 8 | (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. | A commissioned PO of a state of the USA adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a PO of this state who is acting in the discharge of an official duty, but only: |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 2 | During a time in which: The peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the 2 states to a |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 3 | hospital or other medical facility in a county in this state that is on the border between the 2 states; or The PO has physical custody of the inmate or defendant and |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 4 | is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and To the extent necessary to: maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 5 | regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 6 | Within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state. |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 7 | A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas |
| Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES, PART 8 | municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting. |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. | The director of the DPS may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION, PART 2 | A special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property. |
| Art. 2.125. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION, PART 3 | A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE. | (a) The tribal council of the Alabama-Coushatta Indian Tribe is authorized to employ and commission peace officers for the purpose of enforcing state law |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE, PART 2 | within the boundaries of the tribe's reservation within the boundaries of the tribe's reservation, a peace officer commissioned under this article: (1) is vested with all the powers, privileges, and immunities of peace officers; |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE, PART 3 | (2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and (3) may enforce all traffic laws on streets and highways. |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE, PART 4 | (c) Outside the boundaries of the tribe's reservation, a PO commissioned under this article is vested with all the powers, privileges, and immunities of peace officers and may arrest any person who violates any law of the state if the peace officer: |
| Art. 2.126. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA INDIAN TRIBE, PART 5 | (1) is summoned by another law enforcement agency to provide assistance; or (2) is assisting another law enforcement agency. |
| Art. 2.13. DUTIES AND POWERS. | It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means. The officer shall: |
| Art. 2.13. DUTIES AND POWERS, PART 2 | (1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime; (2) execute all lawful process issued to the officer by any magistrate or court; |
| Art. 2.13. DUTIES AND POWERS, PART 3 | (3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and |
| Art. 2.13. DUTIES AND POWERS, PART 4 | (4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried. |
| Art. 2.13. DUTIES AND POWERS, PART 5 | It is the duty of every officer to take possession of a child under Article 63.009(g). |
| Art. 2.16. NEGLECTING TO EXECUTE PROCESS. | If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, |
| Art. 2.16. NEGLECTING TO EXECUTE PROCESS. PART 2 | he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. |
| Art. 2.17. CONSERVATOR OF THE PEACE. | Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. |
| Art. 2.17. CONSERVATOR OF THE PEACE, PART 2 | He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. |
| Art. 2.18. CUSTODY OF PRISONERS. | When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he |
| Art. 2.18. CUSTODY OF PRISONERS, PART 2 | may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape. |
| Art. 2.20. DEPUTY. | Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, |
| Art. 2.20. DEPUTY, PART 2 | devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office. |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. | On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, PART 2 | or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, PART 3 | responsible for conducting an investigation As soon as possible after being notified by the department of the report, but not later than 24 hrs after being notified,the PO shall accompany the department investigator in initially responding to the report. |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, PART 4 | On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution the appropriate local law enforcement agency shall investigate |
| Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, PART 5 | the report as required by Section 242.135, Health and Safety Code. |
| Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. | On receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, the appropriate local law enforcement agency |
| Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION, PART 2 | shall investigate the report as required by Section 260A.017, Health and Safety Code. |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY. | On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY, PART 2 | collecting identifying information on arrested persons in the county in which the arrest was made shall: (1) notify the person that: the person's identifying information was misused by another person arrested in the county; |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY, PART 3 | the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and |
| Art. 2.28. DUTIES REGARDING MISUSED IDENTITY, PART 4 | (2) notify the DPS regarding: the misuse of the identifying information; the actual identity of the person arrested, if known by the agency; and whether the agency was able to notify the person whose identifying information was misused. |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. | A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION, PART 2 | (1) the name of the victim; (2) the name of the suspect, if known; (3) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and (4) the results of any investigation. |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION, PART 3 | On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. In providing the report, the law enforcement agency |
| Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION, PART 4 | shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. | This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code; |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 2 | (4) aggravated sexual assault under Section 22.021, Penal Code; and (5) terroristic threat under Section 22.07, Penal Code. A peace officer who investigates the alleged commission of an offense listed above shall |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 3 | Prepare a written report that includes the information required under Article 5.05(a). |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 4 | On request of a victim of an offense, the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 5 | (1) contained in the written report prepared under Subsection (b); (2) described by Article 5.05(a)(1) or (2); and (3) not exempt from disclosure under Chapter 552, Government Code, or other law. |
| Art. 3.05. RACIAL PROFILING. | In this code, "racial profiling" means a LE-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. |
| Art. 2.131. RACIAL PROFILING PROHIBITED. | A peace officer may not engage in racial profiling. |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. | Each LE agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit PO employed by the agency from engaging in racial profiling; |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING, PART 2 | (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING, PART 3 | (4) provide public education relating to the agency's complaint process; |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING, PART 4 | (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; |
| Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING, PART 5 | (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. | A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 2 | (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 3 | (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 4 | (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 5 | (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 6 | (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 7 | (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 8 | (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of |
| Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS, PART 9 | the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop. |
| Art. 2.136. LIABILITY. | A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. |
| Art. 2.1385. CIVIL PENALTY. | If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. |
| Art. 59.01. DEFINITIONS. | "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is: Used in the commission of: any first or second degree felony under the Penal Code; |
| Art. 59.01. DEFINITIONS, PART 2 | Any felony under Section 15.031(b), 20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or 35, Penal Code; |
| Art. 59.01. DEFINITIONS, PART 3 | Any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
| Art. 59.01. DEFINITIONS, PART 4 | Any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter; |
| Art. 59.01. DEFINITIONS, PART 5 | Used or intended to be used in the commission of: any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act); |
| Art. 59.01. DEFINITIONS, PART 6 | any felony under Chapter 483, Health and Safety Code; any felony under Chapter 34, Penal Code; |
| Art. 59.01. DEFINITIONS, PART 7 | A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter; |
| Art. 59.01. DEFINITIONS, PART 8 | any offense under Section 42.10, Penal Code; |
| Art. 59.01. DEFINITIONS, PART 9 | any offense under Section 46.06(a)(1) or 46.14, Penal Code; any offense under Chapter 71, Penal Code; any offense under Section 20.05, Penal Code |
| Art. 59.02. FORFEITURE OF CONTRABAND. | Property that is contraband is subject to seizure and forfeiture under this chapter. Any property that is contraband other than property held as evidence in a criminal investigation or a pending criminal case, money, a negotiable instrument, or a |
| Art. 59.02. FORFEITURE OF CONTRABAND, PART 2 | security that is seized under this chapter may be replevied by the owner or interest holder of the property, on execution of a good and valid bond with sufficient surety in a sum equal to the appraised value of the property replevied. |
| Art. 59.03. SEIZURE OF CONTRABAND. | Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant. |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 2 | Seizure of property subject to forfeiture may be made without warrant if: (1) the owner, operator, or agent in charge of the property knowingly consents; |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 3 | (2) the seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents; |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 4 | (3) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this chapter; or |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 5 | (4) the seizure was incident to a lawful arrest, lawful search, or lawful search incident to arrest. |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 6 | A peace officer who seizes property under this chapter has custody of the property shall provide the attorney representing the state with a sworn statement that contains a schedule of the property seized, an acknowledgment that the officer has seized the |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 7 | property, and a list of the officer's reasons for the seizure. Not later than 72 hours after the seizure, the peace officer shall: |
| Art. 59.03. SEIZURE OF CONTRABAND, PART 8 | (1) place the property under seal; (2) remove the property to a place ordered by the court; or (3) require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location. |
| Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. | If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure. |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. | The following courts have jurisdiction in criminal actions: 1. The Court of Criminal Appeals; 2. Courts of appeals; 3. The district courts; 4. The criminal district courts; |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION, PART 2 | 5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the |
| Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION, PART 3 | judges of the criminal district courts of Dallas County or Tarrant County; 6. The county courts; 7. All county courts at law with criminal jurisdiction; |
| Art. 4.03. COURTS OF APPEALS. | The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed. |
| Art. 4.03. COURTS OF APPEALS, PART 2 | This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed or affirmed by the county court, |
| Art. 4.03. COURTS OF APPEALS, PART 3 | the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based. |
| Art. 4.04. COURT OF CRIMINAL APPEALS | The Court of Criminal Appeals shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. |
| Art. 4.04. COURT OF CRIMINAL APPEALS, PART 2 | The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final. |
| Art. 4.04. COURT OF CRIMINAL APPEALS, PART 3 | The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. In addition, the Court of Criminal Appeals may, on its own motion, with or without a petition for |
| Art. 4.04. COURT OF CRIMINAL APPEALS, PART 4 | such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. |
| Art. 4.05. JURISDICTION OF DISTRICT COURTS. | District courts and criminal district crts shall have original jurisdiction in criminal cases of the grade of felony, All misdemeanors involving official misconduct, Misdemeanor cases transferred to the district crt under Article 4.17 of this code. |
| Art. 4.07. JURISDICTION OF COUNTY COURTS. | The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars. |
| Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS. | The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction. |
| Art. 4.09. APPEALS FROM INFERIOR COURT. | If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred. |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS. | Justices of the peace shall have original jurisdiction in criminal cases: (1) punishable by fine only or punishable by: (A) a fine; and (B) as authorized by statute, a sanction not consisting of confinement or imprisonment; or |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS, PART 2 | (2) arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction. |
| Art. 4.11. JURISDICTION OF JUSTICE COURTS, PART 3 | A justice court has concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT. | Except as otherwise provided by this article, a misdemeanor case to be tried in justice crt shall be tried: (1) in the precinct in which the offense was committed; (2) in the precinct in which the defendant or any of the defendants reside; |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT, PART 2 | (3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county; or |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT, PART 3 | (4) if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed. |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT, PART 4 | (b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held: |
| Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT, PART 5 | (1) in the next adjacent precinct in the same county which has a duly qualified justice court; or (2) in the precinct in which the defendant may reside |
| Art. 4.13. JUSTICE MAY FORFEIT BOND. | A justice of the peace shall have the power to take forfeitures of all bonds given for the appearance of any party at his court, regardless of the amount. |
| Art. 5.01. LEGISLATIVE STATEMENT. | Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law. |
| Art. 5.01. LEGISLATIVE STATEMENT, PART 2 | In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim. |
| Art. 5.02. DEFINITIONS. | In this chapter, "family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT. | A muni crt, incld a muni crt of record, shall have exclusive original jurids within the territorial limits of the muni in all criminal cases that: (1) arise under the ordinances of the munici; and (2) are punishable by a fine not to exceed: |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT, PART 2 | (A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, including dumping of refuse; or (B) $500 in all other cases arising under a municipal ordinance. |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT, PART 3 | The municipal court shall have concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that: |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT, PART 4 | (1) arise within the territorial limits of the muni and are punishable by fine only, as defined in Subsection (c) of this article; or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT, PART 5 | jurisdiction for all criminal cases arising from offenses under state law that are: (1) committed on the boundary of those municipalities or within 200 yards of that boundary; and |
| Art. 4.14. JURISDICTION OF MUNICIPAL COURT, PART 6 | (2) punishable by fine only. Can issue a warrant to seize an ani mal being treated cruelly. Truancy cases. |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. | This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code; |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 2 | (4) aggravated sexual assault under Section 22.021, Penal Code; and (5) terroristic threat under Section 22.07, Penal Code. |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 3 | A peace officer who investigates the alleged commission of an offense listed above, Shall prepare a written report that includes the information required under Article 5.05 |
| Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES, PART 4 | On request of a victim of an offense, the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim |
| Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES. | A general duty prescribed for an officer by Chapter 2 of this code is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence. |
| Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES, PART 2 | A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim. |
| Art. 5.04. DUTIES OF PEACE OFFICERS. | The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state, |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 2 | enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators. |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 3 | A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 4 | address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center. |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 5 | A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 6 | , including giving written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims. |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 7 | A written notice required by Subsection (b) of this article is sufficient if it is in substantially the following form with the required information in English and in Spanish inserted in the notice: |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 8 | "It is a crime for any person to cause you any physical injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR FAMILY OR HOUSEHOLD. "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE "Please tell the investigating peace officer: |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 9 | "IF you, your child, or any other household resident has been injured; or "IF you feel you are going to be in danger when the officer leaves or later. "You have the right to: |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 10 | "ASK the local prosecutor to file a criminal complaint against the person committing family violence; and "APPLY to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney). |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 11 | If a family or household member assaults you and is arrested, you may request that a magistrate's order for emergency protection be issued. Please inform the investigating officer if you want an order for emergency protection. |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 12 | You need not be present when the order is issued. You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order. For example, the court can enter an order that: |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 13 | "(1) the abuser not commit further acts of violence; "(2) the abuser not threaten, harass, or contact you at home; "(3) directs the abuser to leave your household; and |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 14 | "(4) establishes temporary custody of the children and directs the abuser not to interfere with the children or any property. "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION (such as (1) and (2) above) MAY BE A FELONY. |
| Art. 5.04. DUTIES OF PEACE OFFICERS, PART 15 | "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION: "____________________________ "____________________________." |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY. | In the discretion of a PO, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner. |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY, PART 2 | A PO who provides assistance under Subsection (a) of this article is not: (1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance; or |
| Art. 5.045. STANDBY ASSISTANCE; LIABILITY, PART 3 | (2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim. |
| Art. 5.05. REPORTS AND RECORDS. | A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to: |
| Art. 5.05. REPORTS AND RECORDS, PART 2 | (1) the names of the suspect and complainant; (2) the date, time, and location of the incident; (3) any visible or reported injuries; |
| Art. 5.05. REPORTS AND RECORDS, PART 3 | (4) a description of the incident and a statement of its disposition; and (5) whether the suspect is a member of the state military forces or is serving in the armed forces of the US in an active-duty status. |
| Art. 5.05. REPORTS AND RECORDS, PART 4 | In addition to the written report required, a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services |
| Art. 5.05. REPORTS AND RECORDS, PART 5 | Services if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center. |
| Art. 5.05. REPORTS AND RECORDS, PART 6 | The report under this subsection may be made orally or electronically and must: (1) include the information required by Subsection (a); and |
| Art. 5.05. REPORTS AND RECORDS, PART 7 | (2) be filed with the Department of Family and Protective Services within 24 hours of the beginning of the investigation or receipt of the disturbance call. |
| Art. 5.05. REPORTS AND RECORDS, PART 8 | If a suspect is identified as being a member of the military, the peace officer shall provide written notice of the incident or disturbance call to the staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation |
| Art. 5.05. REPORTS AND RECORDS, PART 9 | to which the suspect is assigned with the intent that the commanding officer will be notified, as applicable. |
| Art. 5.05. REPORTS AND RECORDS, PART 10 | In order to ensure that officers responding to calls are aware of the existence and terms of protective orders, each municipal police department and sheriff shall establish procedures within the department or office to provide adequate information |
| Art. 5.05. REPORTS AND RECORDS, PART 11 | or access to information for law enforcement officers of the names of persons protected by a protective order and of persons to whom protective orders are directed. |
| Art. 5.05. REPORTS AND RECORDS, PART 12 | Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless: |
| Art. 5.05. REPORTS AND RECORDS, PART 13 | (1) the order contains a termination date that has passed; (2) it is more than 1 yr after the date the order was issued; or (3) the LEO has been notified by the clerk of the crt vacating the ordr that the ordr has been vacated. |
| Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES. | The venue for an offense under Sec 25.07 or 25.072, Penal Code, is in the county in which the order was issued or, without regard to the identity or location of the crt that issued the protective order, in the county in which the offense was committed. |
| Art. 6.05. DUTY OF PEACE OFFICER AS TO THREATS. | It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, |
| Art. 6.05. DUTY OF PEACE OFFICER AS TO THREATS, PART 2 | To prevent the threatened injury, if within his power; and, in order to do this, he may call in aid any number of citizens in his county. He may take such measures as the person about to be injured might for the prevention of the offense. |
| Art. 6.06. PEACE OFFICER TO PREVENT INJURY. | Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, |
| Art. 6.06. PEACE OFFICER TO PREVENT INJURY, PART 2 | It is his duty to prevent it; and, for this purpose the peace officer may summon any number of the citizens of his county to his aid. The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater. |
| Art. 6.07. CONDUCT OF PEACE OFFICER. | The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. |
| Art. 6.07. CONDUCT OF PEACE OFFICER, PART 2 | They may use all force necessary to repel the aggression. |
| Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE. | At any proceeding in which the defendant appears in constitutional county court, statutory county court, or district court that is related to an offense under Title 5, Penal Code, or Sec 28.02, 28.03, or 28.08, Penal Code, in which it is alleged that the |
| Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE, PART 2 | defendant committed the offense because of bias or prejudice as described by Article 42.014, a person may request the court to render a protective order under Title 4, Family Code, for the protection of the person |
| Art. 6.09. STALKING PROTECTIVE ORDER. | At any proceeding related to an offense under Section 42.072, Penal Code, in which the defendant appears before the court, a person may request the court to render a protective order under Title 4, Family Code, for the protection of the person. |
| Art. 6.09. STALKING PROTECTIVE ORDER, PART 2 | The request is made by filing "An Application for a Protective Order" in the same manner as an application for a protective order under Title 4, Family Code. |
| Art. 6.09. STALKING PROTECTIVE ORDER, PART 3 | The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this article, |
| Art. 6.09. STALKING PROTECTIVE ORDER, PART 4 | including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification. |
| Art. 8.01. OFFICER MAY REQUIRE AID. | When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command as many of the citizens of his county as he may think proper; and |
| Art. 8.01. OFFICER MAY REQUIRE AID, PART 2 | The sheriff may call any military company in the county to aid him in overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in such resistance. |
| Art. 8.04. DISPERSING RIOT. | Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse. |
| Art. 8.04. DISPERSING RIOT, PART 2 | This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant. |
| Art. 8.05. OFFICER MAY CALL AID. | In order to enable the officer to disperse a riot, he may call to his aid the power of the county in the same manner as is provided where it is necessary for the execution of process. |
| Art. 8.06. MEANS ADOPTED TO SUPPRESS. | The PO engaged in suppressing a riot,and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot,but are not authorized to use any greater degree of force than is requisite to accomplish that object. |
| Art. 8.07. UNLAWFUL ASSEMBLY. | The Articles of this Chapter relating to the suppression of riots apply equally to an unlawful assembly and other unlawful disturbances, as defined by the Penal Code. |
| Art. 8.09. POWER OF SPECIAL CONSTABLE. | Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers. |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER. | The following persons may file an application for a protective order under this chapter without regard to the relationship between the applicant and the alleged offender: |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 2 | (1) a person who is the victim of an offense under Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; (2) a person who is the victim of an offense under Section 20A.02 or 43.05, Penal Code; |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 3 | (3) a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of an offense listed in Subdivision (1); |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 4 | (4) a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of an offense listed in Subdivision (2); or |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 5 | (5) a prosecuting attorney acting on behalf of a person described by Subdivision (1) or (2). An application for a protective order under this chapter may be filed in: |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 6 | (1) a district crt, juvenile crt having the jurisdiction of a district crt, statutory county crt, or constitutional county court in: (A) the county in which the applicant resides; (B) the county in which the alleged offender resides; or |
| Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER, PART 7 | (C) any county in which an element of the alleged offense occurred; or any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application. |
| Art. 7A.02. TEMPORARY EX PARTE ORDER. | If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, |
| Art. 7A.02. TEMPORARY EX PARTE ORDER, PART 2 | without further notice to the alleged offender and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household. |
| Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. | In a hearing on an application for a protective order under this chapter, a statement that is made by a child younger than 14 years of age who is the victim of an offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code, and that describes the |
| Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM, PART 2 | offense committed against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006, Family Code, in a suit affecting the parent-child relationship. |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER. | In a protective order issued under this chapter, the court may: (1) order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 2 | the applicant or a member of the applicant's family or household; or (2) prohibit the alleged offender from: (A) communicating: |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 3 | (i) directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; or |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 4 | (ii) in any manner with the applicant or any member of the applicant's family or household except through the applicant's attorney or a person appointed by the court, if the court finds good cause for the prohibition; |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 5 | (B) going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household; |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 6 | (C) engaging in conduct directed specifically toward the applicant or any member of the applicant's fam or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; and |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 7 | (D) possessing a firearm, unless the alleged offender is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 8 | In an order under Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the alleged offender must maintain. |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 9 | This subsection does not apply to an order with respect to which the court has received a request to maintain confidentiality of information revealing the locations. |
| Art. 7A.05. CONDITIONS SPECIFIED BY ORDER, PART 10 | In a protective order, the court may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by the alleged offender. |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER. | Each protective order issued under this chapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined: |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 2 | "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 3 | "NO PER,INCLUDING A PER WHO IS PROTECTED BY THIS ORDR,MAY GIVE PERM.TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDR. DURING THE TIME IN WHICH THIS ORDR IS VALID,EVERY PROVISION OF THIS ORDR IS IN FULL FORCE+EFFECT UNLESS A CRT CHANGES THE ORDR." |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 4 | "IT IS UNLAWFUL FOR ANY PER, OTHER THAN A PO, AS DEFINED BY SEC 1.07, P C, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, F-T PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDR TO POSSESS A FIREARM OR AMMUNITION." |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 5 | (b) Each protective order issued under this chapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 6 | "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG |
| Art. 7A.06. WARNING ON PROTECTIVE ORDER, PART 7 | AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER." |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER. | A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 2 | If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued. |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 3 | The following persons may file at any time an application with the court to rescind the protective order: |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 4 | (1) a victim of an offense listed in Article 7A.01(a)(1) who is 17 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 17 years of age; or |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 5 | (2) a victim of an offense listed in Article 7A.01(a)(2) or a parent or guardian acting on behalf of a victim who is younger than 18 years of age. |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 6 | If a person who is the subject of a protective order issued under Article 7A.03 is confined or imprisoned on the date the protective order is due to expire under Subsection (a), |
| Art. 7A.07. DURATION OF PROTECTIVE ORDER, PART 7 | ), the period for which the order is effective is extended, and the order expires on the first anniversary of the date the person is released from confinement or imprisonment. |
| Art. 12.01. FELONIES. | Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: No time limitation: (A) murder and manslaughter; |
| Art. 12.01. FELONIES, PART 2 | (B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; |
| Art. 12.01. FELONIES, PART 3 | (C) sex assau, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other per whose identity is readily ascertained; |
| Art. 12.01. FELONIES, PART 4 | (D) continuous sexual abuse of young child or children under Section 21.02, Penal Code; (E) indecency with a child under Section 21.11, Penal Code; |
| Art. 12.01. FELONIES, PART 5 | (F) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person; |
| Art. 12.01. FELONIES, PART 6 | (G) trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code; or (H) continuous trafficking of persons under Section 20A.03, Penal Code; |
| Art. 12.01. FELONIES. | Ten years from the date of the commission of the offense: |
| Art. 12.01. FELONIES, PART 2 | (A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate; |
| Art. 12.01. FELONIES, PART 3 | (B) theft by a public servant of government property over which he exercises control in his official capacity; (C) forgery or the uttering, using or passing of forged instruments; |
| Art. 12.01. FELONIES, PART 4 | (D) injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code; (E) sexual assault, except as provided by Subdivision (1); |
| Art. 12.01. FELONIES, PART 5 | (F) arson; (G) trafficking of persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code; or (H) compelling prostitution under Section 43.05(a)(1), Penal Code; |
| Art. 12.01. FELONIES | Seven years from the date of the commission of the offense: (A) misapplication of fiduciary property or property of a financial institution; (B) securing execution of document by deception; (C) a felony violation under Ch162, Tax Code; |
| Art. 12.01. FELONIES, PART 2 | (D) false statement to obtain property or credit under Section 32.32, Penal Code; (E) money laundering; (F) credit card or debit card abuse under Section 32.31, Penal Code; |
| Art. 12.01. FELONIES, PART 3 | (G) fraudulent use or possession of identifying information under Section 32.51, Penal Code; (H) Medicaid fraud under Section 35A.02, Penal Code; or (I) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6); |
| Art. 12.01. FELONIES | Five years from the date of the commission of the offense: (A) theft or robbery; (B) except as provided by Subdivision (5), kidnapping or burglary; |
| Art. 12.01. FELONIES, PART 2 | (C) injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; |
| Art. 12.01. FELONIES, PART 3 | (D) abandoning or endangering a child; or (E) insurance fraud; |
| Art. 12.01. FELONIES | if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses: |
| Art. 12.01. FELONIES, PART 2 | (A) sexual performance by a child under Section 43.25, Penal Code; (B) aggravated kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or |
| Art. 12.01. FELONIES, PART 3 | (C) burglary under Sec30.02, PC, if the offense is punishable under Subsec(d) of that sec and the defendant committed the offense with the intent to commit an offense descr by Subdivision(1)(B)or (D)of this article or Paragraph(B)of this subdivis |
| Art. 12.01. FELONIES | Three years from the date of the commission of the offense: all other felonies. |
| Art. 12.01. FELONIES | Ten years from the 18th birthday of the victim of the offense: (A) trafficking of persons under Section 20A.02(a)(5) or (6), Penal Code; (B) injury to a child under Section 22.04, Penal Code; |
| Art. 12.01. FELONIES, PART 2 | (C) compelling prostitution under Section 43.05(a)(2), Penal Code; or (D) bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, |
| Art. 12.01. FELONIES, PART 3 | whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than 18 years of age at the time the offense is committed; or |
| Art. 12.02. MISDEMEANORS. | An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. |
| Art. 12.02. MISDEMEANORS, PART 2 | A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward |
| Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY. | The limitation period for criminal attempt is the same as that of the offense attempted. |
| Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY, PART 2 | The limitation period for criminal conspiracy or organized criminal activity is the same as that of the most serious offense that is the object of the conspiracy or the organized criminal activity. |
| Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY, PART 3 | The limitation period for criminal solicitation is the same as that of the felony solicited. |
| Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY, PART 4 | Except as otherwise provided by this chapter, any offense that bears the title "aggravated" shall carry the same limitation period as the primary crime. |
| Art. 14.01. OFFENSE WITHIN VIEW. | A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. |
| Art. 14.01. OFFENSE WITHIN VIEW, PART 2 | A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. |
| Art. 14.02. WITHIN VIEW OF MAGISTRATE. | A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS. | Any peace officer may arrest, without warrant: |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 2 | (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 3 | or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws; |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 4 | (2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person; |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 5 | (3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 6 | or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer; |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 7 | (4) persons who the peace officer has probable cause to believe have committed an offense involving family violence; |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 8 | (5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 9 | as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 10 | (6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 11 | A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 12 | or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 13 | If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 14 | to prevent the further commission of the violation or of family violence. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 15 | A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 16 | A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 17 | The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 18 | A PO listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Ch1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 19 | other than a violation of Subtitle C, Title 7, Transportation Code. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 20 | (2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 21 | view, other than a violation of Subtitle C, Title 7, Transportation Code. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 22 | (2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 23 | view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 24 | only if the offense is committed in the county or counties in which the municipality employing the peace officer is located. |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 25 | (3) A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of: |
| Art. 14.03. AUTHORITY OF PEACE OFFICERS, PART 26 | (A) the person committing the offense and take the person before a magistrate in compliance with Article 14.06; and (B) any property seized during or after the arrest as if the property had been seized by a PO of that law enforcement agency. |
| Art. 14.031. PUBLIC INTOXICATION. | In lieu of arresting an individual who is not a child, who commits an offense under Section 49.02, Penal Code, a peace officer may release the individual if: |
| Art. 14.031. PUBLIC INTOXICATION, PART 2 | (1) the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and (2) the individual: (A)is released to the care of an adult who agrees to assume responsibility for the individual;or |
| Art. 14.031. PUBLIC INTOXICATION, PART 3 | (B) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment. |
| Art. 14.031. PUBLIC INTOXICATION, PART 4 | (b)A magist may release from custody an indiv who is not a child, as defined by Sec51.02,FC,and who is arrested under Sec49.02,PC,if the magis determines the indiv meets the conditions required for release in lieu of arrest under Subsec(a)of this article. |
| Art. 14.031. PUBLIC INTOXICATION, PART 5 | (c) The rel of an indiv under Subsec(a)or(b)of this article to an alcohol or drug treatment prog may not be considered by a PO or magis in determ whether the individ sh be released to such a program for a subsequent incident or arrest under Sec49.02, PC. |
| Art. 14.031. PUBLIC INTOXICATION, PART 6 | (d) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of an individual released under Subsection (a) or (b) of this article. |
| Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. | Where it is shown by satisf proof to a PO, upon the representation of a cred per, that a fel has been commitd, + that the offender is about to escape, so that there is 0 time to procure a warra, such PO may, without warrant, pursue and arrest the accused. |
| Art. 14.05. RIGHTS OF OFFICER. | In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest |
| Art. 14.05. RIGHTS OF OFFICER, PART 2 | without a warrant may not enter a residence to make the arrest unless: (1) a person who resides in the residence consents to the entry; or |
| Art. 14.05. RIGHTS OF OFFICER, PART 3 | (2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. |
| Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION. | A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person. |
| Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION, PART 2 | In this article, "fresh pursuit" means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony. |
| Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. | The person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have |
| ordered the arrest, before some magis of the cty where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magis in any other county of this st. | |
| A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the | |
| person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and the following admonishment, in boldfaced or underlined type or in capital letters: |
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