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Texas Code of Criminal Procedure
–To establish policy, procedure and guidelines for the legal system within the State of Texas
- –To define and guarantee the rights of the individuals within relationship to the U.S. Constitution
- –The procedure herein prescribed shall govern all criminal proceedings instituted
- after the effective date of this Act and all proceedings pending upon the
- effective date hereof insofar as are applicable.
Code of Criminal Procedure (Art 1)
- •Learning Objective 6.1.1
- Identify the basis for administration of criminal procedure in Texas.
- •Art. 1.01 This Act shall be known, and may be cited, as the "Code of Criminal
- •Art. 1.02. Effective date. January 1, 1966
•Art 1.03. Object of this code.
- -To adopt measures for preventing the commission of crime
- -To exclude the offender from all hope of escape
- -To insure a trial with as little delay as is consistent with the ends of justice
- -To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal
- -To insure a fair and impartial trial
- -The certain execution of the sentence of the law when declared.
•Art. 2.10. Duty of magistrates.
Art. 2.13 Duties and powers.
–to preserve the peace within the officer's jurisdiction.
- –in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime
- –execute all lawful process issued to the officer by any magistrate or court;
- –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
- –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.
- -It is the duty of every officer to take possession of a child under
- •Art. 3.05. Definition - Racial profiling.
- –In this code, "racial profiling" means a law enforcement-initiated action
Forfeiture - Contraband
- "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is used in the commission of:
- -any first or second degree felony under the Penal Code
- –any felony under Section (Robbery, Burglary, Theft, Fraud)
- –any felony under The Securities Act
Art. 59.03. Seizure of contraband
–Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant
- –Seizure of property subject to forfeiture may be made without warrant if: the owner, operator, or agent in charge of the property knowingly consents;
- •Trial Court
- Municipal, JP, County, District
- –Hears testimony, sees physical evidence
- –Jury or judge decides.
•Appeals or Appellate Court
- •Appeals or Appellate Court
- -County, Court of Appeals, Court of Criminal Appeals
- ---Reviews the transcript from the trial of a court of record.
- ---Determines “Due Process”
Original or Trial Jurisdiction
Appeals or Appellate Jurisdiction
- -Higher court order - the record of the trial court is dispatched
- -Appeals court reviews the record of the “original” trial!
- -Compares transcripts to determine if “Due Process of Law” was afforded to the defendant. ? – What is Due Process of Law?
- -Rarely to never hears testimony
- -If error found case is reversed and remanded to the trial court.
- –Often referred to as reversible error!
Family Violence Protection (Duties)
- -Enacted in late 70’s to mid 80’s
- -Officers responding to family violence must:
- -Protect any potential victim
- -Enforce the laws of this state
- -Enforce a protective Order from another jurisdiction
- -Make lawful Arrest of violators
Family Violence (Duties of Officers)
- • Advise any possible adult victim of all reasonable means to prevent further family violence
- •Give written notice of a victim’s legal right’s and remedies
- •Advise of the availability of shelter or other community services for family victims
- •Written notice to be in English and Spanish
Officer’s Standby Assistance
- -Discretion of Officer
- –may standby or stay with a victim of family violence
- -To allow the victim to take their personal property or Child in care of the victim to a place of safety
- -A peace officer who stands by is not liable in any manner that arises from the stand by or civilly or criminally liable for the wrongful appropriation of personal property of the victim.
Duties of Magistrates
•6.01 Threatened Injury
It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to do some injury to himself or the person or property of another, including the person or property of his spouse, immediately to give notice to some peace officer, in order that such peace officer may use lawful means to prevent the injury
Duties of Magistrates
•6.02 Threat to take life
If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the magistrate shall issue a warrant for the arrest of the person making the threat, or in case of emergency, he may himself immediately arrest such person
Duties of Officers
Duties of Officers
6.06 Prevent Injury
- –Within presence or view - one person is about to injury another.
- –May call aid from citizens of his county
- –Use amount of force to prevent the offense, but no greater.
Suppression of Riots/Other Disturbances
- 8.01 May require aid
- --Officer may call aid
- -Sheriff may call military
- 8.04 Dispersing Riot
- -Magistrate or Officer cause to disperse when legal under riot
- -May arrest with or without a warrant
•Art 12.01 Felonies
Murder, Manslaughter, Death in Traffic (Hit & Run), Sexual Assault when DNA does not match
victim or other identified person
- special circumstances, Forgery - uttering, using or passing, Injury to a child, elderly or disabled as felony of 1st degree (Intentionally or knowingly), Arson
10 Years from the Date of Commission
–Misapplication of fiduciary property (trust) or property of financial institution, securing the execution of document by deception, violations of sections 153.403 (22) - 39 Tax Code
Seven years from the date of commission of the offense
Theft, burglary, robbery, kidnapping, Injury to a child, elderly or disabled person that is not punishable as a 1st degree felony under sec. 22.04 PC (Conduct is Recklessly), Abandoning or endangering a child
Five (5) years from date of commission
–All other felonies
•Three (3) years from the date of commission of the offense
Misdemeanors Art. 12.02
–Two years from the date of commission of the offense
Arrest w/o warrant 8 exceptions
- 1.CCP 14.01 Presence or view of a peace officer
- 2.CCP 14.02 Presence or view of Magistrate
- 3.CCP 14.03 (a)(1): Suspicious places/circumstances
- 4.CCP 14.03 (a) (2) & 4: Assaults & family violence
- 5.CCP 14.03 (a) (3): Protective Order violations, Arrest required when offense committed in officer presence.
- 6.CCP 14.04 Fleeing Felon
- 7.CCP 18.16 Preventing consequences of theft
- 8.CCP 51.13 Fugitives from another state (must be charged with a felony.)
Any peace officer may arrest persons w/o warrant:
–Found in suspicious places or circumstances which reasonably show that such persons have been guilty of
- -Some felony
- -Disorderly Conduct
Reports and records
- names of the suspect and complainant
- the date, time and location of the incident
- visible or reported injuries
- description of the incident and a statement of the its disposition