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Art. 5.01. LEGISLATIVE STATEMENT
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.
Art. 5.02. DEFINITIONS
In this chapter, “family violence,”
“family,” “household,” and “member of a household” have the meanings
assigned by Chapter 71, Family Code.
Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN
EXCEPTION TO OFFICIAL DUTIES.
A general duty prescribed for an
officer by Chapter 2 of this code is not waived or excepted in any
family violence case or investigation because of a family or
household relationship between an alleged violator and the victim of
family violence. A peace officer’s or a magistrate’s duty to prevent
the commission of criminal offenses, including acts of family
violence, is not waived or excepted because of a family or household
relationship between the potential violator and victim.
Art. 5.04. DUTIES OF PEACE OFFICERS
(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.
(a-1) 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 foster home or verified agency foster home listed in the
Texas Crime Information Center.
(b) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including giving
written notice of a victim’s legal rights and remedies and of the
availability of shelter or other community services for family
violence victims.
(c) A written notice required by Subsection (b) of this article
is sufficient if it is in substantially the following form with the
required information in English and in Spanish inserted in the
notice:
“It is a crime for any person to cause you any physical injury
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR
FAMILY OR HOUSEHOLD.
“NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
“Please tell the investigating peace officer:
“IF you, your child, or any other household resident has been
injured; or
“IF you feel you are going to be in danger when the officer
leaves or later.
“You have the right to:
“ASK the local prosecutor to file a criminal complaint against
the person committing family violence; and
“APPLY to a court for an order to protect you (you should
consult a legal aid office, a prosecuting attorney, or a private
attorney). If a family or household member assaults you and is
arrested, you may request that a magistrate’s order for emergency
protection be issued. Please inform the investigating officer if you
want an order for emergency protection. You need not be present when
the order is issued. You cannot be charged a fee by a court in
connection with filing, serving, or entering a protective order. For
example, the court can enter an order that:
“(1) the abuser not commit further acts of violence;
“(2) the abuser not threaten, harass, or contact you at home;
“(3) directs the abuser to leave your household; and
“(4) establishes temporary custody of the children and directs
the abuser not to interfere with the children or any property.
“A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION
(such as (1) and (2) above) MAY BE A FELONY.
“CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
YOU NEED PROTECTION:
“____________________________
“____________________________.”
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.
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.
(a-1) In addition to the written report required under
Subsection (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 report to the Department of Family and
Protective Services if the location of the incident or call, or the
known address of a person involved in the incident or call, matches
the address of a current licensed foster home or a verified agency
foster home as listed in the Texas Crime Information Center. The
report under this subsection may be made orally or electronically and
must:
(1) include the information required by Subsection (a); and
(2) be filed with the Department of Family and Protective
Services within 24 hours of the beginning of the investigation or
receipt of the disturbance call.
(a-2) If a suspect is identified as being a member of the
military, as described by Subsection (a)(5), the peace officer shall
provide written notice of the incident or disturbance call to the
staff judge advocate at Joint Force Headquarters or the provost
marshal of the military installation to which the suspect is assigned
with the intent that the commanding officer will be notified, as
applicable.
(b) Each local law enforcement agency shall establish a
departmental code for identifying and retrieving family violence
reports as outlined in Subsection (a) of this section. A district or
county attorney or an assistant district or county attorney
exercising authority in the county where the law enforcement agency
maintains records under this section is entitled to access to the
records. The Department of Family and Protective Services is
entitled to access the records relating to any person who is 14 years
of age or older and who resides in a licensed foster home or a
verified agency foster home.
(c) In order to ensure that officers responding to calls are
aware of the existence and terms of protective orders, each municipal
police department and sheriff shall establish procedures within the
department or office to provide adequate information or access to
information for law enforcement officers of the names of persons
protected by a protective order and of persons to whom protective
orders are directed.
(d) 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) 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.
(e) A peace officer who makes a report under Subsection (a) of
this article shall provide information concerning the incident or
disturbance to the bureau of identification and records of the
Department of Public Safety for its recordkeeping function under
Section 411.042, Government Code. The bureau shall prescribe the
form and nature of the information required to be reported to the
bureau by this article.
(f) On request of a victim of an incident of family violence,
the local law enforcement agency responsible for investigating the
incident shall provide the victim, at no cost to the victim, with any
information that is:
(1) contained in the written report prepared under
Subsection (a);
(2) described by Subsection (a)(1) or (2); and
(3) not exempt from disclosure under Chapter 552,
Government Code, or other law.
Art. 8.04. DISPERSING RIOT
Whenever a number of persons are
assembled together in such a manner as to constitute a riot,
according to the penal law of the State, it is the duty of every
magistrate or peace officer to cause such persons to disperse. This
may either be done by commanding them to disperse or by arresting the
persons engaged, if necessary, either with or without warrant.
Art. 8.06. MEANS ADOPTED TO SUPPRESS
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.
Art. 8.07. UNLAWFUL ASSEMBLY
The Articles of this Chapter
relating to the suppression of riots apply equally to an unlawful
assembly and other unlawful disturbances, as defined by the Penal
Code.
Art. 14.01. OFFENSE WITHIN VIEW.
(a) A peace officer or any
other person, may, without a warrant, arrest an offender when the
offense is committed in his presence or within his view, if the
offense is one classed as a felony or as an offense against the
public peace.
(b) A peace officer may arrest an offender without a warrant for
any offense committed in his presence or within his view.
Art. 14.02. WITHIN VIEW OF MAGISTRATE
A peace officer may
arrest, without warrant, when a felony or breach of the peace has
been committed in the presence or within the view of a magistrate,
and such magistrate verbally orders the arrest of the offender.
Art. 14.03. AUTHORITY OF PEACE OFFICERS
(a) Any peace officer
may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal
Code, if the offense is not committed in the presence of the peace
officer;
(4) persons who the peace officer has probable cause to
believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual’s ability to
place a telephone call in an emergency, as defined by Section
42.062(d), Penal Code, if the offense is not committed in the
presence of the peace officer; or
(6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed a
felony.
(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.
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an offense
involving family violence, a peace officer shall remain at the scene
of the investigation to verify the allegation and to prevent the
further commission of the violation or of family violence.
(d) A peace officer who is outside his jurisdiction may arrest,
without warrant, a person who commits an offense within the officer’s
presence or view, if the offense is a felony, a violation of Chapter
42 or 49, Penal Code, or a breach of the peace. A peace officer
making an arrest under this subsection shall, as soon as practicable
after making the arrest, notify a law enforcement agency having
jurisdiction where the arrest was made. The law enforcement agency
shall then take custody of the person committing the offense and take
the person before a magistrate in compliance with Article 14.06 of
this code.
(e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is
performing a duty required by this article.
(f) In this article, “family violence” has the meaning assigned
by Section 71.004, Family Code.
(g)(1) A peace officer listed in Subdivision (1), (2), or (5),
Article 2.12, who is licensed under Chapter 1701, Occupations Code,
and is outside of the officer’s jurisdiction may arrest without a
warrant a person who commits any offense within the officer’s
presence or view, other than a violation of Subtitle C, Title 7,
Transportation Code.
(2) A peace officer listed in Subdivision (3), Article
2.12, who is licensed under Chapter 1701, Occupations Code, and is
outside of the officer’s jurisdiction may arrest without a warrant a
person who commits any offense within the officer’s presence or view,
except that an officer described in this subdivision who is outside
of that officer’s jurisdiction may arrest a person for a violation of
Subtitle C, Title 7, Transportation Code, only if the offense is
committed in the county or counties in which the municipality
employing the peace officer is located.
(3) A peace officer making an arrest under this subsection
shall as soon as practicable after making the arrest notify a law
enforcement agency having jurisdiction where the arrest was made.
The law enforcement agency shall then take custody of:
(A) the person committing the offense and take the
person before a magistrate in compliance with Article 14.06; and
(B) any property seized during or after the arrest as
if the property had been seized by a peace officer of that law
enforcement agency.
Art. 14.031. PUBLIC INTOXICATION
(a) In lieu of arresting an
individual who is not a child, as defined by Section 51.02, Family
Code, and who commits an offense under Section 49.02, Penal Code, a
peace officer may release the individual if:
(1) the officer believes detention in a penal facility is
unnecessary for the protection of the individual or others; and
(2) the individual:
(A) is released to the care of an adult who agrees to
assume responsibility for the individual; or
(B) verbally consents to voluntary treatment for
chemical dependency in a program in a treatment facility licensed and
approved by the Texas Commission on Alcohol and Drug Abuse, and the
program admits the individual for treatment.
(b) A magistrate may release from custody an individual who is
not a child, as defined by Section 51.02, Family Code, and who is arrested under Section 49.02, Penal Code, if the magistrate
determines the individual meets the conditions required for release
in lieu of arrest under Subsection (a) of this article.
(c) The release of an individual under Subsection (a) or (b) of
this article to an alcohol or drug treatment program may not be
considered by a peace officer or magistrate in determining whether
the individual should be released to such a program for a subsequent
incident or arrest under Section 49.02, Penal Code.
(d) A peace officer and the agency or political subdivision that
employs the peace officer may not be held liable for damage to
persons or property that results from the actions of an individual
released under Subsection (a) or (b) of this article.
Art. 14.04. WHEN FELONY HAS BEEN COMMITTED
Where it is shown
by satisfactory proof to a peace officer, upon the representation of
a credible person, that a felony has been committed, and that the
offender is about to escape, so that there is no time to procure a
warrant, such peace officer may, without warrant, pursue and arrest
the accused.
Art. 14.05. RIGHTS OF OFFICER
In each case enumerated where
arrests may be lawfully made without warrant, the officer or person
making the arrest is justified in adopting all the measures which he
might adopt in cases of arrest under warrant, except that an officer
making an arrest without a warrant may not enter a residence to make
the arrest unless:
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the
arrest enter the residence without the consent of a resident or
without a warrant.
Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.
(a) A peace officer commissioned and authorized by another state to
make arrests for felonies who is in fresh pursuit of a person for the
purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person.
(b) In this article, “fresh pursuit” means a pursuit without
unreasonable delay by a peace officer of a person the officer
reasonably suspects has committed a felony.
Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT
(a) In
this article, “ward” has the meaning assigned by Section 22.033,
Estates Code.
(b) As soon as practicable, but not later than the first
working day after the date a peace officer detains or arrests a
person who is a ward, the peace officer or the person having custody
of the ward shall notify the court having jurisdiction over the
ward’s guardianship of the ward’s detention or arrest.
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE
a) Except
as otherwise provided by this article, in each case enumerated in
this Code, the person making the arrest or the person having custody
of the person arrested shall take the person arrested or have him
taken without unnecessary delay, but not later than 48 hours after
the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest was
made without an order, or, to provide more expeditiously to the
person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state. The magistrate
shall immediately perform the duties described in Article 15.17 of
this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person must
appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or underlined
type or in capital letters:
“If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent, or
guardian of the victim or are or were involved in another, similar
relationship with the victim, it may be unlawful for you to possess
or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9)
or Section 46.04(b), Texas Penal Code. If you have any questions
whether these laws make it illegal for you to possess or purchase a
firearm, you should consult an attorney.”
(c) If the person resides in the county where the offense
occurred, a peace officer who is charging a person with committing an
offense that is a Class A or B misdemeanor may, instead of taking the
person before a magistrate, issue a citation to the person that
contains written notice of the time and place the person must appear
before a magistrate of this state as described by Subsection (a), the
name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the offense
is punishable under Subsection (b)(1) or (2) of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that section;
(2) Section 28.03, Penal Code, if the offense is punishable
under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is punishable
under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is punishable
under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is punishable
under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
Art. 14.05. RIGHTS OF OFFICER
In each case enumerated where
arrests may be lawfully made without warrant, the officer or person
making the arrest is justified in adopting all the measures which he
might adopt in cases of arrest under warrant, except that an officer
making an arrest without a warrant may not enter a residence to make
the arrest unless:
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the
arrest enter the residence without the consent of a resident or
without a warrant.
Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.
(a) A peace officer commissioned and authorized by another state to
make arrests for felonies who is in fresh pursuit of a person for the
purpose of arresting that person for a felony may continue the
pursuit into this state and arrest the person.
(b) In this article, “fresh pursuit” means a pursuit without
unreasonable delay by a peace officer of a person the officer
reasonably suspects has committed a felony.
Art. 14.055. DUTY OF OFFICER TO NOTIFY PROBATE COURT
(a) In
this article, “ward” has the meaning assigned by Section 22.033,
Estates Code.
(b) As soon as practicable, but not later than the first
working day after the date a peace officer detains or arrests a
person who is a ward, the peace officer or the person having custody
of the ward shall notify the court having jurisdiction over the
ward’s guardianship of the ward’s detention or arrest.
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE
a) Except
as otherwise provided by this article, in each case enumerated in
this Code, the person making the arrest or the person having custody
of the person arrested shall take the person arrested or have him
taken without unnecessary delay, but not later than 48 hours after
the person is arrested, before the magistrate who may have ordered
the arrest, before some magistrate of the county where the arrest was
made without an order, or, to provide more expeditiously to the
person arrested the warnings described by Article 15.17 of this Code,
before a magistrate in any other county of this state. The magistrate
shall immediately perform the duties described in Article 15.17 of
this Code.
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person must
appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or underlined
type or in capital letters:
“If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent, or
guardian of the victim or are or were involved in another, similar
relationship with the victim, it may be unlawful for you to possess
or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9)
or Section 46.04(b), Texas Penal Code. If you have any questions
whether these laws make it illegal for you to possess or purchase a
firearm, you should consult an attorney.”
(c) If the person resides in the county where the offense
occurred, a peace officer who is charging a person with committing an
offense that is a Class A or B misdemeanor may, instead of taking the
person before a magistrate, issue a citation to the person that
contains written notice of the time and place the person must appear
before a magistrate of this state as described by Subsection (a), the
name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the offense
is punishable under Subsection (b)(1) or (2) of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that section;
(2) Section 28.03, Penal Code, if the offense is punishable
under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is punishable
under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is punishable
under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is punishable
under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
Art. 15.01. WARRANT OF ARREST
A “warrant of arrest” is a
written order from a magistrate, directed to a peace officer or some
other person specially named, commanding him to take the body of the
person accused of an offense, to be dealt with according to law.
Art. 15.02. REQUISITES OF WARRANT.
It issues in the name of
“The State of Texas”, and shall be sufficient, without regard to
form, if it have these substantial requisites:
1. It must specify the name of the person whose arrest is
ordered, if it be known, if unknown, then some reasonably definite
description must be given of him.
2. It must state that the person is accused of some offense
against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named
in the body of the warrant, or in connection with his signature.