Basic Peace Officer Course │ Chapter 9 │ Code of Criminal Procedure
Request for Protective Order - CCP 7B.051
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 issue a protective order under Title 4, Family Code, for the protection of the person.
Duties of Law Enforcement Agency Filing Case - CCP 2.1397
(1) "Attorney representing the state" means an attorney authorized by law to represent the state in a criminal case, including a district attorney, criminal district attorney, or county attorney with criminal jurisdiction. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. (2) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.
Use of Neck Restraints During Search or Arrest - CCP 2.33
A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person.
Reports and Records - CCP 5.05
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.
Family or Household Relationship Does Not Create an Exception to Official Duties - CCP 5.03
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.
Request for Protective Order - CCP 7B.101
A person may request the court to issue a protective order under Title 4, Family Code, 1 for the protection of the person at any proceeding: (1) in which the defendant appears in constitutional county court, statutory county court, or district court;
Duration of Protective Order; Rescission - CCP 7B.007
A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
Member of household
includes a person who previously lived in a household.
Family
includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Neglecting To Execute Process - CCP 2.16
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, 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. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.
Temporary Ex Parte Order - CCP 7B.002
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, indecent assault, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue a temporary ex parte order (protection from the abuser) for the protection of the applicant or any other member of the applicant's family or household.
Household
means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Custody of Prisoners - CCP 2.18
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 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.
Officer May Require Aid - CCP 8.01
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 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.
Dispersing Riot - CCP 8.04
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. This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.
Peace Officer to Prevent Injury - CCP 6.06
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, 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.
Deputy - CCP 2.20
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, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office.
Family voilence
an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself
Report Concerning Certain Assaultive or Terroristic Offenses - CCP 2.30
assault, aggravated assault, sexual assault, aggravated sexual assault, terroristic threat On request of a victim of an offense listed under Subsection (a), 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: (1) contained in the written report prepared under Subsection
Peace officers commissioned by the Alabama Coushatta Tribe of Texas and the Kickapoo Traditional Tribe of Texas - CCP 2.126
(a) The tribal council of the Alabama-Coushatta Tribe of Texas or the tribal council of the Kickapoo Traditional Tribe of Texas is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation.
Means Adopted to Suppress - CCP 8.06
. The officer 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.
Objects Of This Code - CCP 1.03
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; 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.
Peace Officers From Adjoining States - CCP 2.124
A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only: (1) during a time in which: (A) 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 two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or (B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and (2) to the extent necessary to: (A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.
Intervention Required for Excessive Force - CCP 2.1387
(a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and (2) the officer knows or should know that the other officer's use of force: (A) violates state or federal law; (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and (C) is not required to apprehend the person suspected of committing an offense. (b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report.
• Polygraph Examination of Complainant Prohibited - CCP 15.051
(a) A peace officer or an attorney representing the state may not require, request, or take a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
Designation of Pseudonym; Pseudonym Form - CCP 58.102
(a) A victim may choose a pseudonym to be used instead of the victim's name to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. A victim who elects to use a pseudonym as provided by this subchapter must complete a pseudonym form developed under Subsection (b) and return the form to the law enforcement agency investigating the offense.
Additional Rights of Victims of Sexual Assault, Indecent Assault, Stalking, or Trafficking - CCP 56A.052
(a) A victim, guardian of a victim, or close relative of a deceased victim of an offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal Code, is entitled to the following rights within the criminal justice system: A) at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense; (B) at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database (3) if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection;
Required Findings; Issuance of Protective Order - CCP 7B.003
(a) At the close of a hearing on an application for a protective order under this subchapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, indecent assault, stalking, or trafficking.
Presence of Sexual Assault Program Advocate or Other Victim's Representative During Law Enforcement Interview - CCP 56A.3515
(a) Before conducting an investigative interview with a victim reporting a sexual assault, other than a victim who is a minor as defined by Section 101.003, Family Code, the peace officer conducting the interview shall offer the victim the opportunity to have an advocate from a sexual assault program, as defined by Section 420.003, Government Code, be present with the victim during the interview, if the advocate is available at the time of the interview.
Legislative Statement - CCP 5.01
(a) 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. (b) 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.
Conditions Specified by Protective Order - CCP 7B.005
(a) In a protective order issued under this subchapter, 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 the applicant or a member of the applicant's family or household; or (2) prohibit the alleged offender from: (A) communicating: (i) directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; 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; engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; 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; and tracking or monitoring personal property or a motor vehicle in the possession of the applicant or of a member of the applicant's family or household, without the applicant's effective consent
Duties and Powers - CCP 2.13
(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
Investigation of Certain Reports Alleging Child Abuse - CCP 2.27
(a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of 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 responsible for conducting an investigation 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
Warning on Protective Order - CCP 7B.006
Each protective order issued under this subchapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, in capital letters, or underlined: "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." "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER." "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN 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, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION." "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 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."
Conservator of the Peace - CCP 2.17
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. 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.
Duty to Request and Render Aid - CCP 2.34
Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall immediately and as necessary: (1) request emergency medical services personnel to provide the person with emergency medical services; and (2) while waiting for emergency medical services personnel to arrive, provide first aid or treatment to the person to the extent of the officer's skill and training.
Hearsay Statement of Child Victim - CCP 7B.004
In a hearing on an application for a protective order under this subchapter, 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, 22.012, or 22.021, Penal Code, CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL INDECENCY WITH A CHILD SEXUAL ASSAULT INDECENT ASSAULT AGGRAVATED SEXUAL ASSAULT and that describes the 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.
Officer May Call Aid - CCP 8.05
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.
Standby Assistance; Liability - CCP 5.045
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.
Duty of Peace Officer as to Threats - CCP 6.05
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, 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.
Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation - CCP 2.271
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 collecting identifying information on arrested persons in the county in which the arrest was made shall: (1) notify the person that: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and (C) whether the agency was able to notify the person whose identifying information was misused.
Power of Special Constable - CCP 8.09
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.
Application for Protective Order - CCP 7B.001
The following persons may file an application for a protective order under this subchapter without regard to the relationship between the applicant and the alleged offender: TRAFFICKING OF PERSONS CONTINUOUS TRAFFICKING OF PERSONS CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL INDECENCY WITH A CHILD SEXUAL ASSAULT INDECENT ASSAULT AGGRAVATED SEXUAL ASSAULT STALKING (2) any adult, including a parent or guardian, who is acting on behalf of a victim described by Subdivision (1), if the victim is younger than 18 years of age or an adult ward
Unlawful Assembly - CCP 8.07
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. (Needs to be peaceful)
Conduct of Peace Officer - CCP 6.07
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. They may use all force necessary to repel the aggression.
Duties of Peace Officers - CCP 5.04
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.
Venue for Protective Order Offenses - CCP 13.38
The venue for an offense under Section 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 court that issued the protective order, in the county in which the offense was committed.
Short Title - CCP 1.01
This Act shall be known, and may be cited, as the "Code of Criminal Procedure".
Application of Other Law - CCP 7B.008
To the extent applicable, except as otherwise provided by this subchapter, Title 4, Family Code, 1 applies to a protective order issued under this subchapter. Title 4 of the Texas Family Code covers protective orders and family violence.
Railroad Peace Officers - CCP 2.121
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.
Special Rangers of Texas and Southwestern Cattle Raisers Association - CCP 2.125
The director of the Department of Public Safety 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.
Adjunct Police Officers - CCP 2.123
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 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, 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.
Duties Regarding Misused Identity - CCP 2.28
a) 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: (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. (b) 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 shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a).
Offense - CCP 58.156
a) A public servant commits an offense if the public servant: (1) has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and (2) knowingly discloses the name, address, or telephone number of the victim to: (A) a person who is not assisting in the investigation or prosecution of the offense; or (B) a person other than: (i) the defendant; (ii) the defendant's attorney; or (iii) the person specified in the order of a court.
Special Investigators - CCP 2.122
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: (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
Who Are Peace Officers - CCP 2.12
sheriffs, their deputies, constables, deputy constables, marshals or police officers of an incorporated city, rangers, officers, investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; 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, law enforcement officers commissioned by the Parks and Wildlife Commission.
