CCP - Test 4

Question 1

CCP, 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 ___ ____means.

Answer 1

all lawful

Question 2

Art. 2.13 DUTIES AND POWERS

In the execution of their duties and powers, the officer shall… (list four duties)

Answer 2

(b) The officer shall:
(1) in every case authorized…, 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.

Question 3

CCP Art. 2.16. NEGLECTING TO EXECUTE PROCESS.
If any sheriff or other officer shall willfully 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 ____ nor more than _______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.

Answer 3

$10 - $200

not less than $10
no more than $200

Question 4

CCP Art. 2.17. CONSERVATOR OF THE PEACE.

Each sheriff shall be a _________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.

Answer 4

conservator

Question 5

CCP Art. 2.18. CUSTODY OF PRISONERS.

When a prisoner is committed to jail by warrant from a _________ or court, he shall be placed in jail by the sheriff.

Answer 5

magistrate

Question 6

CCP Art. 2.20. DEPUTY.

Wherever a duty is imposed by this Code upon the ________, the same duty may lawfully be performed by his deputy.

Answer 6

sheriff

Question 7

CCP Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
(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… shall investigate the report….as soon as possible after being notified by the department of the report, but not later ______ after being notified, the peace officer shall accompany the department investigator in initially responding to the report.

Answer 7

than 24 hours

Question 8

CCP Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION.
Notwithstanding Article 2.27, on receipt of a report of _____, _______, _______, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code.

Answer 8

abuse,

neglect,

exploitation

Question 9

CCP 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 collecting identifying information on arrested persons in the county in which the arrest was made shall:

Answer 9

(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 DPS under GS Section 411.0421;

(C) the person is entitled to expunction… under CCPChapter 55;

and

(2) notify DPS 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.

Question 10

CCP Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
(a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the LEA that employs the peace officer that includes the following information:

Answer 10

(1) V’s name;
(2) the name of the suspect, if known;
(3) the type of ID info obtained, possessed, transferred, or used; and
(4) the results of any investigation.

Question 11

CCP Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses:

Answer 11

(1) assault

(2) agg. assault

(3) sexual assault

(4) agg sexual assault

(5) terroristic threat

Question 12

Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer _______ engage in racial profiling.

Answer 12

may not

Question 13

CCP Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING

(B) Each law enforcement agency in this state shall adopt a detailed ________ policy on racial profiling.

Answer 13

written

Question 14

CCP Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.

(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance _____ report to the LEA that employs the officer information relating to the stop,

Answer 14

shall

Question 15

Art. 2.136. LIABILITY.
A peace officer is ______ for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 Reports Requires for Motor Vehicle Stops or under a policy adopted under Article 2.132 LEA Policy on Racial Profiling.

Answer 15

not liable

Question 16

CCP Art. 2.1385. CIVIL PENALTY.
a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134 Compilation and Analysis of Information Collected, the agency is liable to the state for a civil penalty in an amount not to exceed ________ for each violation.

Answer 16

$5,000

Question 17

Art. 3.05. RACIAL PROFILING.
In this code, “racial profiling” means a law enforcement-initiated action based on an individual’s _______, _______, ______ rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

Answer 17

race, ethnicity, or national origin

Question 18

CCP Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION.

All of the following courts have criminal jurisdiction in Texas except:

1. The Court of Criminal Appeals
2. District Courts
3. Texas Supreme Court
4. County Courts
5. Municipal Courts

Answer 18

Texas Supreme Court

(does not have criminal jurisdiction)

REF:

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;
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 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;
8. County criminal courts;
9. Justice courts;

10. Municipal courts; and

11. The magistrates appointed by the judges of the district courts of Lubbock County.

Question 19

CCP 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 _________ has been assessed.

Answer 19

death penalty

Question 20

CCP Art. 4.04. COURT OF CRIMINAL APPEALS

Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of ____________, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and ___________.

Answer 20

writs of habeas corpus

certiorari

Question 21

CCP Art. 4.05. JURISDICTION OF DISTRICT COURTS.
District courts and criminal district courts shall have _________ jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.

Answer 21

original

Question 22

CCP Art. 4.07. JURISDICTION OF COUNTY COURTS.
The county courts shall have original jurisdiction (the first court to rule on this type of case) of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed __________.

Answer 22

five hundred dollars

Question 23

CCP Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS.
The county courts shall have appellate jurisdiction in criminal cases of which _________ courts and other __________ courts have original jurisdiction.

Answer 23

justice

inferior

Question 24

CCP 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 __________________.

(it’s not the right of the county court rule anymore after the jurisdiction has been passed)

Answer 24

to which such appellate jurisdiction has been transferred.

Question 25

CCP Art. 4.11. JURISDICTION OF JUSTICE COURTS.

(a) Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only

OR

punishable by ____________

Answer 25

fine and a sanction

not consisting of confinement or imprisonment

Question 26

CCP Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.

(d) A defendant who is taken before a magistrate in accordance with Article 15.18 Arrest for Out-of-County Arrest, may waive trial by _____ and enter a written plea of _______ or nolo contendere.

Answer 26

jury

guilty

Question 27

CCP 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 _______ of any party at his court, regardless of the amount.

Answer 27

appearance

Question 28

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT.
(a) A municipal court, including a municipal court of record, shall have __________ original jurisdiction within the territorial limits of the municipality in all criminal cases that:

(1) arise under the _______ of the municipality;

Answer 28

exclusive

ordinances

Question 29

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FINES

Municipal Court fines are not to exceed $______ in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse

OR

$_______ in all other cases arising under a municipal ordinance.

Answer 29

$2,000

$500

(1) arise under the ordinances of the municipality;

and (2) are punishable by a fine not to exceed:

(A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse;

(B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or

(C) $500 in all other cases arising under a municipal ordinance.

Question 30

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FORFEITURE

(e) The municipal court has jurisdiction in the forfeiture and final judgment of all ______ and _______ bonds taken in criminal cases of which the court has jurisdiction.

Answer 30

bail bonds

personal

Question 31

CCP Art. 59.01 FORFEITURE OF CONTRABAND, DEFINITIONS

(2) “Contraband” means property of any nature, including real, personal, tangible, or intangible, that is:

Answer 31

(A) used in the commission of a felony;

(B) used or intended to be used in the commission of a felony;

(C) the proceeds gained from the commission of a felony;

(D) acquired with proceeds gained from the commission of a felony

Question 32

CCP Art. 59.02. FORFEITURE OF CONTRABAND.
(a) Property that is contraband is subject to __________________ under this chapter.

Answer 32

seizure and forfeiture

Question 33

CCP Art. 59.03. SEIZURE OF CONTRABAND.
(a) Property subject to forfeiture under this chapter, other than property described by Article 59.12 Seizure of Account and Assets at Regulated Financial Institution, may be seized by any peace officer under authority of a _________________.

Answer 33

search warrant

Question 34

CCP Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
(a) If a peace officer seizes property under this chapter, the attorney representing the state (aka prosecution) shall commence proceedings under this section not later than the ______ day after the date of the seizure.

Answer 34

30th

Question 35

What is Writ of Certiorari?

Answer 35

• Latin: to be informed of a means of gaining appellate review.*
• The Supreme Court decides if it wants to hear a case.*

A common-law writ, issued from a superior court, directed to one of inferior jurisdiction, commanding the latter to certify and return to the former the record in the particular case. The writ is issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities. In the United States Supreme Court the writ is discretionary with the Court and will be issued to any court in the land to review a federal question if at least 4 out of 9 justices vote to hear the case. A similar writ used by some state courts is called certification.

Question 36

What is Nolo Contendere?

Answer 36

• Latin: no contest*
• Cover both fine and imprisonment.*

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but agrees to accept punishment.

The plea differs from a guilty plea because a “no contest” plea cannot be used against the defendant in another cause of action.

Some states do not allow defendants to ask the court’s permission to plead nolo contendere. In federal cases, the Rules of Federal Criminal Procedure allow such pleas, with the court’s permission.

https://www.law.cornell.edu/wex/nolo_contendere

Question 37

What is Writ of Habeas Corpus?

Answer 37

Latin: produce the body

A court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law.

Often, the court holds a hearing on the matter, during which the inmate and the government can both present evidence about whether there is a lawful basis for jailing the person. The court may also issue and enforce subpoenas in order to obtain additional evidence.

Depending on what the evidence reveals, the judge may grant the inmate relief such as:

Release from prison
Reduction in the sentence
An order halting illegal conditions of confinement, or
A declaration of rights.

It’s important not to confuse habeas corpus with the right of direct appeal. Criminal defendants are always entitled to appeal a conviction or sentence to a higher court, which then reviews the trial judge’s rulings. Habeas corpus provides a separate avenue for challenging imprisonment, and is normally used after a direct appeal has failed. It often serves as a last resort for inmates who insist that a miscarriage of justice has occurred.

Question 38

What is Writ of Prohibition?

Answer 38

Superior court rules on… not your place.

A prerogative writ issued by a superior court that prevents an inferior court or tribunal from exceeding its jurisdiction or usurping jurisdiction which it has not been given by law. It is an extraordinary writ and is only issued when the party seeking it is without other means of redress for the wrong about to be inflicted by the act of the inferior court. Where the action sought to be prohibited it judicial in nature, the writ may be exercised against public officers. Sometimes it is referred to simply as prohibition.

Question 39

What is Writ of Procedendo?

Answer 39

• Latin: duty to have proceeded.*
• To proceed about the case; on pause to figure out if the evidence will be allowed or not.*

Refers to writ issued by a superior court when a cause has been improperly removed to it, as by certiorari, commanding the inferior court from which it was removed to assume jurisdiction and proceed to judgement on the cause. It is more frequently called a remand (back down).

Question 40

What is Writs of Mandamus?

Answer 40

• Latin: we command*
• Man, damn do your job! Higher court ordering lower to do its job*

An extraordinary writ issued from a court to an official compelling performance of a ministerial act that the law recognizes as an absolute duty, as distinct from other types of acts that may be a matter of the official’s discretion. It is extraordinary in the sense that it is used only when all other judicial remedies have failed.

Question 41

2.10 Duty of Magistrates

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use _____; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

Answer 41

of all lawful means

Question 42

2.11. EXAMINING COURT. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an ____.

Answer 42

examining court.

Question 43

(31) _____________ commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code;

Answer 43

commission investigators

Question 44

(1) ________ , their deputies (plural), and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

Hint: this is the only definition in CCP Art. 2.12 that has plural for deputies.

Answer 44

sheriffs

Question 45

(2) __________, deputy (singular) __________, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

Hint: if you see “deputy” as a singular and it’s Chapter 1701, think of two words: deputy + C….

Answer 45

constables

Question 46

(3) __________ or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

Answer 46

marshals

Question 47

(4) ________ , officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

Hint: DPS is a state (level) agency. Think of Stephen F. Austin as the Director of TX ….

Answer 47

rangers

Question 48

(5) ___________ of the district attorneys’, criminal district attorneys’, and county attorneys’ offices;

Hint/Mnemonic: part of the answer includes “gators”. Imagine alligators / gator invading a flooded district and hunting for attorneys:)

Answer 48

investigators**

Question 49

(6) law enforcement agents of the Texas ___________ Commission;

Hint: the answer starts with A. You can also think of rowdy agents getting drunk.

Answer 49

Alcoholic Beverage Commission

Question 50

(7) each member of an ________ investigating unit commissioned by a city, a county, or the state;

Hint: the definition has an indefinite article. You can also think: “Investigators were indefinite how the fire started”

Answer 50

arson

Question 52

(9) officers commissioned by the ________ Services Commission;

Hint: similar to GSA

Answer 52

General

Question 53

(10) law enforcement ______ commissioned by the Parks and Wildlife ________

Hint: the last word starts with “O” (law enforcement o…..). They are Commissed by a C….

Answer 53

officers

Commission

Question 56

(8) officers commissioned under Section 37.081, _________ , or Subchapter E, Chapter 51, E______ Code;

Hint: Subchapter E - E…. Code

Sec. 37.081. SD PO’s and Security Personnel

Answer 56

Education Code

Question 59

(11) ___________ commissioned by a city with a population of more than 1.18 million located primarily in a county with a population of 2 million or more that operates an airport that serves commercial air carriers;

Answer 59

airport police officers

Question 60

(12) ______________ commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

Answer 60

airport security personnel

Question 61

(13) _____________ park and recreational patrolmen and security officers;

Answer 61

municipal

Question 62

(14) security officers and investigators commissioned as peace officers by the _________;

Answer 62

comptroller

Question 63

(15) officers commissioned by a water control and improvement district under Section 49.216, __________.

Answer 63

Water Code

Question 64

(16) officers commissioned by a _________under Chapter 54, Transportation Code;

Answer 64

board of trustees

Question 65

(17) ____________ commissioned by the Texas Medical Board;

Answer 65

investigators

Question 66

18) officers commissioned by:

(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, ____________;

(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; and

(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code;

Answer 66

Health and Safety Code

Question 67

(19) _____________ commissioned under Subchapter E, Chapter 351, Local Government Code;

Answer 67

county park rangers

Question 68

(20) investigators employed by the ___________ Commission;

Answer 68

Texas Racing

Question 69

21) officers commissioned under Chapter 554, ______________

Answer 69

Occupations Code

Question 70

(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, __________, or by a regional transportation authority under Section 452.110, __________.

Answer 70

Transportation Code

Question 71

(23) investigators commissioned by the ________ under Section 402.009, Government Code;

Answer 71

attorney general

Question 72

(24) security _______ and investigators commissioned as peace officers under Chapter 466, Government Code;

Answer 72

officers

Question 73

(25) officers appointed by an _________ court under Subchapter F, Chapter 53, Government Code;

Answer 73

appellate

Question 74

(26) officers commissioned by the state fire marshal under Chapter 417, ______________.

Answer 74

Government Code

Question 75

27) an investigator commissioned by the ____________ of insurance under Section 701.104, Insurance Code;

Answer 75

commissioner

Question 76

(28) _______________ and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code

Answer 76

apprehension specialists

Question 77

(29) officers appointed by the inspector general of the ___________________ under Section 493.019, Government Code;

Answer 77

Texas Department of Criminal Justice

Question 78

(30) investigators commissioned by the _____________ under Section 1701.160, Occupations Code;

Answer 78

Texas Commission on Law Enforcement

Question 79

(32) the __________ and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;

Answer 79

fire marshal

Question 80

(33) officers commissioned by the State Board of Dental _______ under Section 254.013, Occupations Code, subject to the limitations imposed by that section;

Answer 80

Examiners

Question 81

(34) investigators commissioned by the Texas Juvenile Justice Department as ______ under Section 221.011, Human Resources Code

Answer 81

officers

Question 82

(35) the fire marshal and any related officers, __________ , or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.

Answer 82

inspectors

Question 83

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he ___ summon a sufficient number of citizens of his county to overcome the____; and all persons summoned are bound to obey.

Answer 83

shall;

resistance

Question 84

Art. 5.01. LEGISLATIVE STATEMENT. (a) _____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.

Answer 84

Family violence ;

maximum protection

Question 85

Art. 5.01. LEGISLATIVE STATEMENT.

(b)In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers ___protect the victim, without regard to the relationship between the alleged offender and victim.

Answer 85

shall

without regard

Question 86

______ 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

Answer 86

“Family”

Question 87

Sec. 71.004. FAMILY VIOLENCE. “Family violence” means

Answer 87

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

(2) abuse, by a member of a family or household toward a child of the family or household;

or (3) dating violence,

Question 88

Sec. 71.005. “____” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Answer 88

HOUSEHOLD.

Question 89

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 ____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.

Answer 89

waived

Question 90

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 ____________enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make_______.

Answer 90

protect any potential victim of family violence:

lawful arrests of violators

Question 91

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 address of a current licensed____ or verified agency foster home listed in the Texas Crime Information Center.

Answer 91

foster home

Question 92

A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence___ advise any possible adult victim of all reasonable means to prevent further family violence, including giving ______ of a victim’s legal rights and remedies and of the availability of shelter or other community services for family violence victims.

Answer 92

shall

written notice

Question 93

A peace officer who provides assistance under Subsection (a) of this article is not: (1) ___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) ___ or ____liable for the wrongful appropriation of any personal property by the victim.

Answer 93

civilly liable;

civilly or criminally

Question 94

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 _____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.

Answer 94

shall make

Question 95

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)

(2)

(3)

(4)

(5)

Answer 95

(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.

Question 96

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:

(1)

(2)

(3)

Answer 96

(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was issued; or
(3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated.

Question 97

Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES.

The venue for an offense under Section 25.07 or 25.072, Penal Code, is in the ___________or, without regard to the identity or location of the court that issued the protective order, in the county ___________.

Answer 97

county in which the order was issued;

in which the offense was committed

Question 98

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, to ______the threatened injury, if within his power

Answer 98

prevent

Question 99

Art. 6.06. PEACE OFFICER TO PREVENT INJURY

The peace officer must use the amount of force ______to prevent the commission of the offense, and no greater.

Answer 99

necessary

Question 100

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, it is his duty to prevent it; and, for this purpose the peace officer may summon ____of the citizens of his county to his aid.

Answer 100

any number

Question 101

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. They may use all force ______to repel the aggression.

Answer 101

necessary

Question 102

Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) 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 Section 28.02(______), 28.03(_____), or 28.08(____), Penal Code, in which it is alleged that the 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.

Answer 102

Offenses against the person;

Arson;

Crimonal mischief;

Graffiti

Question 103

6.09. STALKING PROTECTIVE ORDER. (a) 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 _____under Title 4, Family Code, for the protection of the person.

Answer 103

a protective order

Question 104

7A.01. APPLICATION FOR PROTECTIVE ORDER. (a) 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:

Answer 104

1) a person who is the victim of an offense
(2) a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of an offense

; (3) a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of an offense li

(4) a prosecuting attorney acting on behalf of a person

Question 105

7A.06. WARNING ON PROTECTIVE ORDER. (a) Each protective order issued under this chapter, _____order, must contain the following prominently displayed statements in boldfaced type, 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.”

Answer 105

including a temporary ex parte

Question 106

Each protective order issued under this chapter, ____for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: “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.”

Answer 106

except

Question 107

7A.07. DURATION OF PROTECTIVE ORDER. (a) 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. If a period is not stated in the order, the order is effective until the _____of the date the order was issued.

Answer 107

second anniversary

Question 108

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 _____of the citizens of his county as he may think proper;

Answer 108

as many

Question 109

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_____ or _____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.

Answer 109

every magistrate;

peace officer

Question 110

8.05. OFFICER MAY CALL AID. In order to enable the officer to disperse a riot, he may call to his aid the _____in the same manner as is provided where it is necessary for the execution of process.

Answer 110

power of the county

Question 111

8.06. MEANS ADOPTED TO SUPPRESS. The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting ____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.

Answer 111

such measures

Question 112

Art. 8.07. UNLAWFUL ASSEMBLY. The Articles of this Chapter relating to the ______apply equally to an unlawful assembly and other unlawful disturbances, as defined by the Penal Code.

Answer 112

suppression of riots

Question 113

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 _____.

Answer 113

peace officers