BPOC 315 Test 4

Texas Penal Code § 49.01. Definitions

(1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2) "Intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more. (3) "Motor vehicle" has the meaning assigned by Section 32.34(a) . (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. (5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code . (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code .

Texas Penal Code § 46.01. Definitions

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.

Texas Code of Criminal Procedure Art. 17.01. Definition of "bail"

"Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.

BPOC 1.1 Profession

"The occupation which one professes to be skilled in and to follow. A vocation in which professed knowledge of some branch of learning is used in its application to the affairs of others, or in the practice of an art based upon it. Applied specifically to the three learned professions of divinity, law, and medicine; also the military profession."

Texas Penal Code § 19.05. Criminally Negligent Homicide

(a) A person commits an offense if he causes the death of an individual by criminal negligence. (b) An offense under this section is a state jail felony.

Texas Penal Code § 38.02. Failure to Identify

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

Texas Penal Code § 42.11. Destruction of Flag

(a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.

Texas Penal Code § 36.06. Obstruction or Retaliation

(a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a:

Texas Penal Code § 12.04. Classification of Felonies

(a) Felonies are classified according to the relative seriousness of the offense into five categories: (1) capital felonies; (2) felonies of the first degree; (3) felonies of the second degree; (4) felonies of the third degree; and (5) state jail felonies. (b) An offense designated a felony in this code without specification as to category is a state jail felony.

PC 49.11 No proof of culpable mental state

(a) notwithstanding section 6.02(b), proof of a culpable mental state is NOT required for conviction of an offense under this chapter.

Texas Code of Criminal Procedure Art. 15.23. Time of arrest

An arrest may be made on any day or at any time of the day or night.

BPOC 1.2 4 Pillars of Police Legitimacy

• Fairness and Consistency • Giving Voice to all Parties • Transparency • Impartiality

Texas Code of Criminal Procedure Art. 2.122. Special Investigators

(1) Special Agents of the Federal Bureau of Investigation; (2) Special Agents of the Secret Service; (3) Special Agents of the United States Immigration and Customs Enforcement; (4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (5) Special Agents of the United States Drug Enforcement Administration; (6) Inspectors of the United States Postal Inspection Service; (7) Special Agents of the Criminal Investigation Division of the Internal Revenue Service; (8) Civilian Special Agents of the United States Naval Criminal Investigative Service; (9) Marshals and Deputy Marshals of the United States Marshals Service; (10) Special Agents of the United States Department of State, Bureau of Diplomatic Security; (11) Special Agents of the Treasury Inspector General for Tax Administration; (12) Special Agents of the Office of Inspector General of the United States Social Security Administration; (13) Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; (14) Special Agents of the Office of Inspector General of the United States Department of Agriculture; and (15) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs.

Texas Penal Code § 46.01. Definitions

(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

Texas Penal Code § 31.03. Theft

(5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, (6) a felony of the second degree if: (A) the value of the property stolen is $150,000 or more but less than $300,000, (7) a felony of the first degree if the value of the property stolen is $300,000 or more.

Texas Penal Code § 49.01. Definitions

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more. (3) "Motor vehicle" has the meaning assigned by Section 32.34(a) . (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. (5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code . (6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code .

Texas Penal Code § 46.01. Definitions

(B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.

Texas Code of Criminal Procedure Art. 15.27. Notification to schools required

(a) A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in Subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or before the next school day, whichever is earlier.

Texas Code of Criminal Procedure Art. 5.05. Reports and records

(a) 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: (1) the names of the suspect and complainant; (2) the date, time, and location of the incident; (3) any visible or reported injuries; (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 United States in an active-duty status.

Texas Penal Code § 6.03. Definitions of Culpable Mental States

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. (c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Texas Penal Code § 29.03. Aggravated Robbery

(a) A person commits an offense if he commits robbery as defined in Section 29.02 , and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (A) 65 years of age or older; or (B) a disabled person. (b) An offense under this section is a felony of the first degree. (c) In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

Texas Penal Code § 38.04. Evading Arrest or Detention

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Texas Penal Code § 31.07. Unauthorized Use of a Vehicle

(a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. (b) An offense under this section is a state jail felony.

Texas Penal Code § 38.03. Resisting Arrest, Search, or Transportation

(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. (b) It is no defense to prosecution under this section that the arrest or search was unlawful. (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

Texas Penal Code § 19.04. Manslaughter

(a) A person commits an offense if he recklessly causes the death of an individual. (b) An offense under this section is a felony of the second degree.

Texas Penal Code § 31.03. Theft

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

Texas Penal Code § 49.02. Public Intoxication

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

Texas Penal Code § 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and: (1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; (2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) ; (3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration; (4) the person commits the murder while escaping or attempting to escape from a penal institution; (5) the person, while incarcerated in a penal institution, murders another: (A) who is employed in the operation of the penal institution; or (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination; (6) the person: (A) while incarcerated for an offense under this section or Section 19.02 , murders another; or (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04 , 22.021 , or 29.03 , murders another; (7) the person murders more than one person: (A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; (8) the person murders an individual under 10 years of age; (9) the person murders an individual 10 years of age or older but younger than 15 years of age; or (10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court. (b) An offense under this section is a capital felony. (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

Texas Penal Code § 46.06. Unlawful Transfer of Certain Weapons

(a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor. (b) In this section: (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (2) "Active protective order" means a protective order issued under Title 4, Family Code, 1 that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. (d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

Texas Penal Code § 21.11. Indecency With a Child

(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (B) causes the child to expose the child's anus or any part of the child's genitals. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

Texas Penal Code § 15.01. Criminal Attempt

(a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.

Texas Penal Code § 30.02. Burglary (Elements)

(a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body.

Texas Penal Code § 6.01. Requirement of Voluntary Act or Omission

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. (b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control. (c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

Texas Penal Code § 15.02. Criminal Conspiracy

(a) A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement.

Texas Penal Code § 7.02. Criminal Responsibility for Conduct of Another

(a) A person is criminally responsible for an offense committed by the conduct of another if: (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense; (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

Texas Penal Code § 39.03. Official Oppression

(a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment.

Texas Penal Code 2.02 - Exception

(a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception. (c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

Texas Code of Criminal Procedure Art. 17.033. Release on bond of certain persons arrested without a warrant

(a) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.

Texas Code of Criminal Procedure Art. 5.045. Standby assistance; liability

(a) In the discretion of a peace officer, 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. (b) A peace officer 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 (2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.

Texas Penal Code § 19.02. Murder

(a) In this section: (1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Texas Penal Code § 8.06. Entrapment

(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

Texas Code of Criminal Procedure Art. 2.13. Duties and powers

(a) 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.

Texas Code of Criminal Procedure Art. 2.13. Duties and powers

(a) 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. (b) The officer shall: (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; (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 (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. (c) It is the duty of every officer to take possession of a child under Article 63.009(g) . (d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to: (1) investigate the offense; or (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. (e) Subsection (d) does not prevent a peace officer from: (1) conducting a separate investigation of any other alleged criminal offense; or (2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense. (f) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code .

Texas Penal Code § 12.03. Classification of Misdemeanors

(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories: (1) Class A misdemeanors; (2) Class B misdemeanors; (3) Class C misdemeanors. (b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor. (c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

Texas Penal Code § 49.11. Proof of Mental State Unnecessary

(a) Notwithstanding Section 6.02(b) , proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does not apply to an offense under Section 49.031 .

Texas Penal Code 49.11 - Proof of Mental State Unnecessary

(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.(b) Subsection (a) does not apply to an offense under Section 49.031.

Texas Code of Criminal Procedure Art. 1.13. Waiver of trial by jury

(a) The defendant in a criminal prosecution for any offense other than a capital felony case in which the state 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, conditioned, however, that, except as provided by Article 27.19 , 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. The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the state shall be in writing, signed by that attorney, and filed in the papers of the cause before the defendant enters the defendant's plea. (b) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver. (c) A defendant may agree to waive a jury trial regardless of whether the defendant is represented by an attorney at the time of making the waiver, but 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.

Texas Code of Criminal Procedure Art. 2.121. Railroad peace officers

(a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees.

Texas Code of Criminal Procedure Art. 5.04. Duties of peace officers

(a) 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, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.

Texas Penal Code § 8.04. Intoxication

(a) Voluntary intoxication does not constitute a defense to the commission of crime. (b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section. (d) For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Texas Penal Code § 3.03. Sentences for Offenses Arising Out of Same Criminal Episode

(a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run concurrently.

Texas Penal Code § 48.01. Smoking Tobacco

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place. (f) An offense under this section is punishable as a Class C misdemeanor.

Texas Code of Criminal Procedure Art. 14.03. Authority of peace officers

(b) 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 , if the offense is committed in the presence of the peace officer.

Texas Penal Code § 38.14. Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer

(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device .

Texas Penal Code § 32.31. Credit Card or Debit Card Abuse (Elements)

(b) A person commits an offense if: (1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

Texas Penal Code § 32.31. Credit Card or Debit Card Abuse

(b) A person commits an offense if: (1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or (B) the card has expired or has been revoked or cancelled;

Texas Penal Code § 12.03. Classification of Misdemeanors

(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.

PC 7.02 What is a person guilty of if in an attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators?

(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

Texas Penal Code § 6.02. Requirement of Culpability

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: (1) intentional; (2) knowing; (3) reckless; (4) criminal negligence.

BPOC 10.3 What can a peace officer do with mere suspicion?

* Computer checks may be made of license plates. Surveillance may occur. Officers can lay back and watch the individual(s) or activity suspected for additional facts and circumstances that amount to more than mere suspicion. * Officers can initiate a police-citizen encounter so long as the officer understands the persons approached do not have to identify themselves or answer the officer's questions, and are free to walk away at any time. * The officer's objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion that gives officers the power to detain or probable cause, which permits the officer to arrest.

BPOC 10.4 Identify the necessary conditions for arrest.

* Intent - A peace officer's purpose or intention to take a person into the custody of the law. * Authority - The peace officer's arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probable cause. * Actual seizure - The person arrested is taken into custody either by physical force or by submission to assertion of authority. * Understanding - by the person to be arrested of the officer's intention to arrest.

BPOC 10.8 Exigent Circumstances

* Warrantless Search Case Law * Probable Cause and Exigent Circumstances * See Brigham City, Utah v. Smart, 126 US 1943 (2006). (Exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant). * See Kentucky v. King, 563 US 452 (2011); (Peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, In this case, the officers did not create the circumstances, the reaction of the occupants of the apartment did).

BPOC 10.4 Conditions for Arrest/Court cases investigative detention

*Intent - A peace officer's purpose or intention to take a person into the custody of the law. • Authority - The peace officer's arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probable cause. • Actual seizure - The person arrested is taken into custody either by physical force or by submission to assertion of authority. • Understanding - by the person to be arrested of the officer's intention to arrest.

BPOC 2.9 Traditional Police Service Model

*Reactive response: Most of the workload of patrol officers and detectives consists of handling crimes that have already been committed, disturbances in progress, traffic violations, and such. Exceptions include crime prevention and narcotics investigations. *Incident driven: This relies on limited information, mostly from victims, witnesses, and suspects. Focus tends to be on one "incident" which is resolved before moving to the next "incident". Use of the criminal justice system The primary means of resolving incidents is to involve the criminal justice process. It is critical to consider and utilize all elements of the criminal justice system, both sworn and civilian personnel. *Use of aggregate statistics: The department's performance is largely measured by statistical comparisons. The department is doing a good job when the citywide crime rate is low, or the citywide arrest rate is high. The best officers are those who make many arrests or service many calls. Statistics can be affected by a number of factors. *Lack of community and employee involvement in the decision making process: Most decisions are made at the management and mid-management level with little citizen involvement. *Citizen and employee expectations: The expectations of both the community and agency employees are often not met due to the expectation that peace officers will have a high impact on crime in the community.

BPOC 7.1 US Amendments

1. USC 1st Amendment o Freedom of religion, speech, press, assembly, and petition 2. USC 2nd Amendment o Right to Bear Arms * TX Constitution Art. 1 Sec. 23: Right to Keep and Bear Arms 3. USC 3rd Amendment o Quartering of Soldiers * TX Constitution Art. 1 Sec. 25: Quartering Soldiers in Houses 4. USC 4th Amendment * Unreasonable Searches and Seizures * TX Constitution Art. 1 Sec. 9: Searches and Seizures CCP Art. 1.06: Searches and Seizures 5. USC 5th Amendment * Due process of law, indictment by grand jury, double jeopardy, selfincrimination, property taken without just compensation 6. USC 6th Amendment * Speedy and public trial, impartial jury, informed of nature and cause of accusation, confronted by witnesses, compulsory process for witnesses, assistance of counsel 7. USC 7th Amendment * Right to trial by jury in civil cases 8. USC 8th Amendment * Excessive bail, cruel and unusual punishment 9. USC 9th Amendment * All rights not enumerated are retained by the people 10. USC 10th Amendment *Powers not delegated to the Federal government are retained by the states * TX Constitution Art. 1 Sec. 1: Freedom and Sovereignty of the State 14. USC 14th Amendment o Due process, equal protection * TX Constitution Art. 1 Sec. 3: Equal Rights * TX Constitution Art. 1. Sec 3a: Equality Under the Law

Texas Penal Code § 1.06. Computation of Age

A person attains a specified age on the day of the anniversary of his birthdate.

Texas Code of Criminal Procedure Art. 18.16. Preventing consequences of theft

Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

BPOC Attitude

Attitude is a cognitive position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way about that person or thing. Attitudes change because of life experiences. Attitudes and life experience may exist in a correlative relationship. Hence, a particular life experience may lead to a change in a particular attitude.

Texas Code of Criminal Procedure Art. 11.22. Restraint

By "restraint" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

BPOC 10.2 Consensual Encounters

Consensual Encounters: Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away. Florida v. Royer, 460 U.S. 491 (1983);

Texas Code of Criminal Procedure Art. 18.03. Search warrant may order arrest

If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person. Please see CCP 18.02 as well.

BPOC Characteristics of paramilitary style police organizational structure

Paramilitary • Authoritarian • Chain of command • Micromanagement

BPOC Prejudice

Prejudice is an adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts; i.e., bias.

BPOC 11.3 Contraband

Property used in the commission of: • Any first or second-degree felony under Penal Code (PC) • Felony under Chapters. 29, 30, 31, 32, 35 or Section 38.04 (Robbery, Burglary, Theft and Fraud) • Any felony under the Securities Act • Proceeds gained from any of the above felonies • Property acquired with proceeds of any of the above felonies or a crime of violence • Any felony under Chapter 481 Health & Safety Code (most illegal drug offenses) • Any felony under Chapter 483 Health & Safety Code (includes dangerous drugs) • Any felony under Chapter 151 Finance Code (Currency Exchange, Transmission & Transport)

BPOC 5.1 Race

Race generally refers to groups of people with common ancestry and physical characteristics. Since no "pure" races exist, some prefer to avoid reference to race and instead discuss group differences under the heading of ethnicity. However, the existence of this concept is in dispute.

Texas Penal Code § 1.07. Definitions

Read al(a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code . (5) "Another" means a person other than the actor. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (8-a) "Civil commitment facility" means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. (9) "Coercion" means a threat, however communicated: (A) to commit an offense; (B) to inflict bodily injury in the future on the person threatened or another; (C) to accuse a person of any offense; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (10) "Conduct" means an act or omission and its accompanying mental state. (11) "Consent" means assent in fact, whether express or apparent. (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code . (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. (14) "Correctional facility" means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes: (A) a municipal or county jail; (B) a confinement facility operated by the Texas Department of Criminal Justice; (C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and (D) a community corrections facility operated by a community supervision and corrections department. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code . (17) "Deadly weapon" means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code . (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by force, threat, or fraud; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (D) given solely to detect the commission of an offense. (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. (21) "Electric utility substation" means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. (22) "Element of offense" means: (A) the forbidden conduct; (B) the required culpability; (C) any required result; and (D) the negation of any exception to the offense. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (24) "Government" means: (A) the state; (B) a county, municipality, or political subdivision of the state; or (C) any branch or agency of the state, a county, municipality, or political subdivision. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (27) Repealed by Acts 2009, 81st Leg., ch. 87, § 25.144. (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). (29) "Knowing" is defined in Section 6.03 (Culpable Mental States). (30) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. (31) "Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. (32) "Oath" includes affirmation. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (34) "Omission" means failure to act. (35) "Owner" means a person who: (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or (B) is a holder in due course of a negotiable instrument. (36) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure , Section 51.212 or 51.214, Education Code , or other law. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (39) "Possession" means actual care, custody, control, or management. (40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (B) a juror or grand juror; or (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or (D) an attorney at law or notary public when participating in the performance of a governmental function; or (E) a candidate for nomination or election to public office; or (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). (44) "Rule" includes regulation. (45) "Secure correctional facility" means: (A) a municipal or county jail; or (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (46-a) "Sight order" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure . (47) "Swear" includes affirm. (48) "Unlawful" means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. (b) The definition of a term in this code applies to each grammatical variation of the term.l Definitions

Texas Penal Code § 19.02. Murder - Scenario (BPOC)

Sec. 19.02. Murder (Comprehensive scenario related chapters include: U.S./Texas Constitution; CCP; Arrest, Search and Seizure) The student/officer is dispatched to a local bar in reference

Texas Penal Code § 19.03. Capital Murder - Scenario (BPOC)

Sec. 19.03. Capital Murder (Comprehensive scenario: related chapters include Crime Scene; Criminal Investigation; Patrol Skills; Arrest, Search and Seizure)

Texas Penal Code § 19.04. Manslaughter - Scenario (BPOC)

Sec. 19.04. Manslaughter (Comprehensive scenario: Related Chapters include Accident Investigation; CCP; Arrest, Search and Seizure)

Texas Penal Code § 19.05. Criminally Negligent Homicide - Scenario (BPOC)

Sec. 19.05. Criminally Negligent Homicide (Comprehensive scenario: Related chapters include Crime Scene Investigation; Arrest, Search and Seizure)

Texas Code of Criminal Procedure Art. 17.15. Rules for fixing amount of bail

The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules: 1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered. 4. The ability to make bail is to be regarded, and proof may be taken upon this point. 5. The future safety of a victim of the alleged offense and the community shall be considered.

Texas Penal Code § 1.02. Objectives of Code

The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:

BPOC 2.1 American policing problems

The northeastern states generally had the "watch and ward" system. "Watch" was nighttime, while "ward" was daytime police. As American policing developed in New York, Boston, and Philadelphia, an entire system of criminal justice began to experience corruption.

BPOC 2.1 Watch and Ward System

The northeastern states generally had the "watch and ward" system. "Watch" was nighttime, while "ward" was daytime police. As American policing developed in New York, Boston, and Philadelphia, an entire system of criminal justice began to experience corruption.

BPOC 10.8 basic criteria for Warrantless Search

Warrantless Search Case Law o Probable Cause and Exigent Circumstances o See Brigham City, Utah v. Smart, 126 US 1943 (2006). (Exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant). o See Kentucky v. King, 563 US 452 (2011); (Peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, In this case, the officers did not create the circumstances, the reaction of the occupants of the apartment did).

Texas Penal Code § 29.02. Robbery (Elements)

a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (b) An offense under this section is a felony of the second degree.

BPOC 10.2 Terry v. Ohio

· Investigatory Stops/Detentions: The temporary seizure of a person for investigation based on an officer's reasonable suspicion of criminal activity. Terry v. Ohio, 392 U.S. 1 (1968).

BPOC 10.10 No knock warrants

• Purpose of "no knock" warrant: allows officers to enter the premises without warning to occupants...to protect officers from being shot if occupants are known to be armed or to prevent disposal of contraband. • Disadvantage of "no knock" warrant: Occupant may believe being attacked by home invaders and try to defend self

BPOC 4.1 TCOLE mission as it pertains to the establishments of standards and its enforcement of such.

• The mission of the Texas Commission on Law Enforcement, as a regulatory State agency, is to establish an enforce standards to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel.