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Code of Crim. Proc.

QuestionAnswer
Art 5.01 Victims of family violence are entitled to the ______ _______ from harm or abuse or the threat of harm or abuse a is permitted by law. Maximum protection Art 5.01 Legislative Statement
Art 5.03 A peace officer’s or a ______ duty to prevent the commission of a criminal offenses, including acts of family violence, is not _____ or ____ because of a family or household relationship between the potential violator and victim. Magistrates waived or excepted Family or household relationship does not create an exception to official duties
Art 5.04 a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence _____ determine whether the address of the persons involved in the allegation or call matches the address of a current licensed _____ _______ or ______ ______ foster home listed in the Texas _____ ______ center. Art 5.04 duties of peace officers Shall foster home verified agency crime information
Art 5.07 venue for protective order offenses The venue for an offense under Section ____ or _____ Penal code, is in the county in which the order was _____ or, without regard to the identity or location of the court that issued the protective order, in the county in which the offense was ______.. 25.07 25.072 issued committed
Art 2.30 c) 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 ____ provide the victim, at ____ ____ to the victim, with any information: contained in the report, described by Article 5.05, not exempt from disclosure Shall no cost Art 2.30 report concerning certain assualtive or terroristic offenses
Art 2.30 a peace officer who investigates the alleged commission of an offense listed under subsection (a) _____ prepare a _____ report that includes the information required under Article 5.05(a) Shall written Art 2.30 report concerning certain assaultive or terroristic offenses
Art 2.272 If a peace officer located a child or other person listed on the ______ _______ information center’s child safety check alert list establishes under Section 261.3022, Family Code, the officer ___: _____ contact the dept of family and protective services on the departments dedicated law-enforcement telephone number for statewide intake Texas crime shall immediately
Art 2.27 On receipt of a report that is assigned the _____ priority in accordance with rules adopted by the Department of _______ and _______ _______ under section 261.301(d), Family code, and that alleges an immediate risk of _____ or _____ _______ of a child that could result in ______ or ______ _______ Highest family and protective services abuse or sexual abuse death or serious harm Art 2.27 investigation of certain reports alleging abuse
Art. 2.132 Law Enforcement Policy on Racial Profiling: means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. Law enforcement agency
Art. 2.132 Law Enforcement Policy on Racial Profiling: means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. Motor vehicle stop
Art. 2.132 Law Enforcement Policy on Racial Profiling: means the following categories: Alaska native or American Indian; Asian or Pacific Islander; black; white; and Hispanic or Latino Race or ethnicity
Art. 2.132 Law Enforcement Policy on Racial Profiling: The policy must provide __ education relating to the agency's __ and __ process, including providing the __ number, __ address, and __ address to make a __ or a __ with respect to each ticket, citation, warning issued by a peace officer. public, compliment, complaint, phone, mailing, e-mail, compliment, complaint
Art. 2.132 Law Enforcement Policy on Racial Profiling: The policy requires the __ administrator of the agency, regardless of whether the administrator is __, __, or __, to submit an __ report of the information collected under subdivision 6 to __ and the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. chief, elected, employed, appointed, annual, TCOLE (Texas Commission on Law Enforcement)
Art. 2.132 Law Enforcement Policy on Racial Profiling: The data collected as a result of the reporting requirements of the article shall not constitute __ evidence of __ profiling. prima facie, racial
Art 2.271 notwithstanding art 2.27, on receipt of a report of ______, _______, ______, or other complaint of a resident of a _______ home, ______ home, or other related institution or an ____ living facility Abuse neglect exploitation nursing convalescent assisted
Art. 2.72 Law Enforcement Response to Child Safety Check Alert: Immediately contact the department of __ and __ Services on the departments dedicated law-enforcement telephone number for statewide intake. Family, Protective
Art. 2.72 Law Enforcement Response to Child Safety Check Alert: The peace officer may temporarily __ the __ or other person to ensure the __ and __ of the __. detain, child, safety, well-being, child
Art. 5.04 Duties of Peace Officers: The __ duties of a peace officer who investigate a family violence allegation or who responds to a disturbance call that may involve family violence are to __ any potential __ of family violence, __ the law of this state, enforce a __ order from another __ as provided by Chp. 88, Family Code, and make __ arrest of violators. primary, protect, victim, enforce, protective, jurisdiction, lawful
Art. 5.045 Standby Assistance; Liability: A peace officer who provides assistance under subsection (a) of this article is __; __ 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 civilly or __ liable for the __ appropriation of any __ property by the __. NOT, civilly, criminally, wrongful, personal, victim
Art. 5.05 Reports and Records: Disturbances that may involve family violence; the report will be filed with the Department of __ and __ Services within (__) hrs of the beginning of the investigation or receipt of the disturbance call. Family, Protective, 24
Art. 5.05 Reports and Records: If a suspect is identified as being a member of the military, as described by subsection (a-2), the peace officer shall provide written notice of the incident or disturbance call to the staff __ advocate at _____ _____ HQ or the __ marshal of the military installation to which the suspect is assigned with the intent that the __ officer will be notified as applicable. judge, Joint Force, provost, commanding
Art. 5.05 Reports and Records: The Department of Family and Protective Services is entitled to access the records relating to any person who is (__) YOA or older and who resides in a licensed __ home or a verified agency __ home. 14, foster, foster
Art. 5.05 Reports and Records: Each LEO shall accept a certified copy of an __ or __ protective order as proof of the __ of the order and it is presumed the order remains valid unless; order contains a __ date that has passed; it is issued more than (__) year after the date the order was issued; or the LEO has been notified by the __ of the court vacating the order that the order has been vacated. original, modified, validity, termination, 1, clerk
Limitations: murder/ manslaughter, sex assault/ agg sex assault, sex assault with DNA, continuous sex assault child, indecency with a child, failure to stop and give info w/ a death, trafficking of persons, continuous trafficking of persons, compelling prostitution. NO limitation
Limitations: theft real estate, theft by a public servant of government property, forgery or the uttering using or passing of forged document, injury to elderly, arson. 10 years
Limitations: misappropriation fiduciary property, securing execution of documentation by deception, false statement to obtain property, money laundering, credit card/ debit card abuse, fraudulent use or possession of ID info, medical fraud, bigamy. 7 years
Limitations: theft/ robbery, kidnapping/ burglary, injury to elderly, abandoning a child/ endangering, insurance fraud. 5 years
Limitations: (__) years from the date of offense 2, Misdemeanors
Art. 12.04 Computation: The day on which the offense was __ and the day on which the indictment or information is __ shall be __ from the computation of time. committed, presented, excluded
Art. 14.01 Offense Within View: A peace officer or any other person, may without a __, __ an offender when the offense is committed in his __ or within his __, if the offense is one classed as a __ or as an offense against the public __. warrant, arrest, presence, view, felony, peace
Art. 14.03 Authority of Peace Officers: Any peace officer may arrest, without a warrant; probable cause to believe a person has committed an offense involving __ violence; persons who the peace officer has probable cause to believe have __ or __ with an individuals ability to place a _ call in an emergency. family, prevented, interfered, telephone
Art. 15.01 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 a the person accused of an offense, to be dealt with according to law. Warrant of Arrest
Art. 15.02 Requisites of Warrant: It must specify the __ of the person whose arrest is ordered, if it be __, if __, then some reasonably definite __ must be give of him. It must state that the person is accused of some __ against the laws of the __, __ the offense. It must be signed by the __, and his office be __ in the __ of the warrant, or in connection with his __. name, known, unknown, description, offense, State, naming, magistrate, named, body, signature
Art. 15.04 Complaint: The affidavit made before the magistrate or district or county attorney is called a "__" if it changes the commission of an offense. complaint
Art. 15.05 Requisites of Complaint: It must state the __ of the accused, if __, and if __ known, must give some reasonably definite __ of him. It must show that the accused has committed some __ against the laws of the __, either __ or that the affiant has __ reason to believe and __ believe, that the accused has committed such offense. It must state the __ and __ of the commission of the offense, as definitely as can be done by the affiant. It must be signed by the affiant by writing his __ or __ his mark. name, known, not, description, offense, State, directly, good, does , time, place, name, affixing
Art. 15.17 Duties of Arresting Officer and Magistrate: The person making the __ or the person having __ of the person arrested shall without __ delay, but not later than (__) hrs after the person is arrested, take the person arrested or have him taken before some magistrate of the __ where the accused was arrested, or to provide more expeditiously to the person arrested the warnings described by this article, before the magistrate in any other county of this state. arrest, custody, unnecessary, 48, county
Art. 15.17 Duties of Arresting Officer and Magistrate: The arrested person may be taken before the magistrate in __ or the __ of the arrested person may be presented to the magistrate by means of __. person, image, videoconference
Art. 15.17 Duties of Arresting Officer and Magistrate: The record shall be preserved until the earlier of the following dates;(1) the date on which the pretrial hearing ends; or (2) the __ day after the date on which the record is made if the person is charged with a misdemeanor of the __ day after the date on which the record is made if the person is charged with a felony. 91st, 120th
Art. 15.17 Duties of Arresting Officer and Magistrate: a two-way electronic communication of image and sound between the arrested person and the magistrate and includes Internet videoconferencing. Videoconference
Art.15.25 May Break Door: in case of __, the officer may break down the __ of any house for the purpose of making an __, if he be __ admittance after giving notice of his __ and __. felony, door, arrest, refused, authority, purpose
Art. 18.01 Search Warrant: is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any film exposed pursuant to the order. Search Warrant
Art. 18.021 Issuance of Search Warrant to Photograph Injured Child: A search warrant may be issued to __ for and __ a child who is alleged to be the __ of the offense of injury to a child, sex assault of a child, agg sex assault of a child, continuous sex abuse of young child or children. search, photograph, victim
Art. 18.021 Issuance of Search Warrant to Photograph Injured Child: after having located and photographed the child, the peace officer __ the warrant shall take __ of the exposed film and __ it forthwith to the __. The child may __ be removed from the premises on which he or she is located except under subchapters A and B, chp. 262, fam. code. executing, possession, deliver, magistrate, NOT,
Art. 18.021 Issuance of Search Warrant to Photograph Injured Child: a search warrant under this section shall be executed by a peace officer of the __ sex as the alleged __ or, if the officer is not of the same sex as the alleged victim, the peace office must be __ by a person of the same sex as the alleged victim. The person assisting an officer under the subsection must be with the alleged victim during the taking of the photographs. same, victim, assisted
Art. 18.03 Search Warrant May Order Arrest: if the facts presented to the magistrate under article 18.02 of this chapter also establish the existence of __ cause that a person has committed some __ under the laws of this state, the __ warrant, in addition, order the __ of such person. probable, offense, search, arrest
Art. 18.06 Execution of Warrants: a search warrant issued under section 5A, Article 18.21, must be executed in the manner provided by that section not later than the (__) day after the date of issuance. In all other cases, a search warrant must be executed within (__) days from the time of its issuance. A warrant issued under this chapter shall be executed within a shorter period if so directed in the warrant by the magistrate. 11th, 3
Art. 18.065 Execution of Warrant Issued by District Judge for DNA Specimen: a warrant issued by the judge of a __ court under Article 18.02(10) to collect a DNA specimen from a person for the purpose of connecting that person to an offense may be executed in __ county in this state. This art. does not apply to a warrant issued by a justice of the peace, judge, or other magistrate other than a judge of a district court. district, ANY
Art. 18.07 Days Allowed for a Warrant to Run: The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution is; (__) whole days if the warrant is issued solely to search for and seize specimen from a specific person for DNA analysis and comparison, including blood and saliva samples; (__) whole days if issued under Sec 5A, Art 18.21; or (__) whole days if issued for a purpose other than that described by subdivision (1) or (2). 15, 10, 3
Art. 38.03 Presumption of Innocence: All persons are presumed to be __ and no person may be __ of an offense unless each element of the offense is proved __ a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of __ at his trial. innocent, convicted, beyond, guilt
Art. 38.075 Corroboration of Certain Testimony Required: a defendant may not be __ of an offense on the __ of a person to who the defendant made a __ against the defendants __ during a time when the person was __ or __ in the same correctional facility as the defendant unless the testimony is corroborated by other __ tending to connect the defendant with the offense committed. convicted, testimony, statement, interest, imprisoned, confined, evidence
Art. 38.075 Corroboration of Certain Testimony Required: Corroboration is not __ for the purpose of this article if the corroboration only shows that the offense was __. sufficient, committed
Art. 38.22 When Statements may be used: not later than the (__) day before the date of the proceeding, the attorney representing the defendant is provided with a __, __, and __ copy of all recordings of the defendant under this article. 20th, true, complete, accurate
Art. 38.35 Forensic Analysis of Evidence; Admissibility: means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action. The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court. Forensic Analysis
Art. 38.35 Forensic Analysis of Evidence; Admissibility: Forensic Analysis does NOT include; __ print examination; a test of a specimen of __; __ evidence; an examination or test excluded by rule under Art. 38.01; __ test; __ exam or test. latent, breath, digital, presumptive, expert
Art. 38.35 Forensic Analysis of Evidence; Admissibility: means any tangible object, thing, or substance relating to a criminal action. Physical Evidence
Art. 38.42 Chain of Custody Affidavit: Not later than the (__) day before the trial begins in a proceeding in which a chain of custody affidavit under this Art. is to be introduced, the affidavit must be filed with the __ of the __ and a copy must be provided by fax, secure electronic mail, hand delivery, or certified mail. 20th, clerk, court
Art. 38.42 Chain of Custody Affidavit: The affidavit is not admissible under section 1 if, not later than the (__) day before the trial begins, the opposing party files a written __ to the use of the affidavit with the clerk of the court and provides a copy of the objection by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the offering party. 10th, objection
Art. 38.43 Evidence Containing Biological Material: means the contents of a sex assault examination kit; or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material that was collected as part of an investigation of an alleged felony offense or conduct constituting a felony offense. Biological Evidence
Art. 38.43 Evidence Containing Biological Material: biological evidence might be used to; __ the identity of the person committing the offense or engaging in the conduct constituting the offense; or __ a person from the group of persons who could have committed the offense or engaged in the conduct constituting the offense. establish, exclude
Art. 38.43 Evidence Containing Biological Material: Felony offense for not less than (__) years, or until the applicable statute of limitations has expired, if there is an unapprehend actor associated with the offense. 40
Art. 57.02 Confidentiality of Files and Records: A victim may choose a __ to be used instead of the victims __ to designate the victim in all __ files and __ concerning the offense, including police summary reports, press release, and records of judicial proceedings. pseudonym, name, public, records
Art. 57.03 Offense: a public servant with access to the name, address, or telephone number of a victim (__) YOA or older who has chosen a pseudonym under this chapter commits an offense if the public servant __ discloses the name, address, or telephone number of the victim to any person who is not assisting in the investigation or prosecution of the offense or to any person other than the __, the defendants __, or the person specified in the order of a court of __ jurisdiction. 17, knowingly, defendant, attorney, competent
Art. 59.03 Seizure of Contraband: Not later than (__) hrs after the seizure, the peace officer shall; place the property under __; remove the property to a place ordered by the __; or require a law enforcement agency of the __ or a political __ to take __ of the property and move it to a proper __. 72, seal, court, state, subdivision, custody, location
Art 38.42 chain of custody affidavit A chain of custody affidavit that complies with the article is ________ in evidence on behalf of the state or the defendant to establish the chain of custody of physical evidence ______ the ______ if any person in the chain of custody personally appearing in court. Admissible without the necessary
Art 38.42 Not later than the ____day before the trial begins a chain of custody affidavit must be introduced, the affidavit must be filed with the ____ of the ____ and a copy is provided by fax, secure electronic email, hand delivery, or certified mail, return receipt requested, to the opposing party. 20th clerk of court 38.42 chain of custody affidavit
Art 38.42 not later than the ____ day before the trial begins , the opposing party files a written objection to the use of the affidavit. 10th 38.42 chain of custody affidavit
Art 38.45 during the course of s criminal hearing or proceeding, the court may not make available or ____ to be made available for copying or dissemination to the public property or material: Constitutes child pornography The promotion or possession which is prohibited Art 38.45 evidence depicting or describing abuse of or sexual conduct by child or minor
Art 38.45 The court can place property or material under seal And the seal can be lifted
Art 38.46 a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the ____ _____ ___ in determining whether the actors conduct would cause a ______ person to experience a fear Trier of fact. Reasonable Art 38.46 evidence in prosecutions of stalking
Art 51.01 A person in any other _____ of the United States charges with_____ or any ______ who shall flee from justice and be found in this state, shall on demand of the _____ authority of the State from which he fled, be delivered up, to be removed to the state jurisdiction of the crime. State treason felony executive Art 51.01 Delivered up
Art 51.02 All peace ____ of the State _____ give aid in the arrest and detention of a _____ from any other State that he may be held subject to a requisition by the _____ of the State from which he fled. Officers shall fugitive governor 51.02 to aid in arrest
Art 51.03 when a complaint is made to a _______ that any person within his jurisdiction is a ________ from justice from another State, he _____ issue a warrant of arrest directing a peace officer to _____ and _____ the accused before him. Magistrate fugitive shall apprehend bring 51.03 magistrates warrant
Not later than ____ hours after the seizure, the peace officer shall; 72 hours 1) place the property under seal 2) remove the property to a place ordered by the court 3) require a law Enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location. 59.03 seizure of contraband.
Art 2.131 A peace officer ____ not engage in racial profiling. May Art 2.131 racial profiling prohibited
12.03 aggravated offenses, attempt, conspiracy, solicitation, organized criminal activity The limitation period for criminal solicitation is the same as that if the _____ solicited. “Aggravated” shall carry the same limitation period as the _____ crime. Felony. Primary
Art 14.03 A peace officer ____ arrest , without a warrant, a person the peace officer has probable cause to believe has committed an offense under section ____, penal code, if the offense is committed in the ______ of the peace _____. Shall 25.07 presence officer
14.04 when it is shown by _____ proof to a peace officer, upon the representation of a _____ person, that a felony has been committed, and that the offender is about to escape, so there is ___ time to procure a warrant, such peace officer may, without a warrant, _____ and _____ the accused 14.04 when felony has been committed Satisfactory credible no pursue arrest
Art 15.02 Requisites Of Warrant: it issues in the name of “The _____ of ______. State of Texas
Art 15.16. The officer or person executing a warrant of arrest ___ without ______ ______ take the person or have him taken before the _____ who issued the warrant or before the magistrate named in the warrant, if the magistrate in the same county where the person was arrested. 15.16 How Warrant is Executed Shall unnecessary delay magistrate
Art 15.26 Art 15.26 authority to arrest must be made known
Art 38.35 forensic analysis of evidence; Admissibility:: means the Texas _____ Science Commision Forensic
Art 38.35 forensic analysis of evidence; Admissibility: A forensic analysis of physical evidence under this article and expert testimony relating to the evidence are _____ admissible in a criminal action if, at the time of the analysis, the crime laboratory conducting the analysis was not _______ by the commission under article 18.01 Not accredited
Art 38.23 Evidence not to be used: no evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the _____ of ______, or of the Constitution or laws of the _____ ______ of _______, shall be admitted in evidence against the accused on the trial of any criminal case. State of Texas United States of America
Art 38.21 Statement: A ______ of an accused may be used in evidence against him if it appears that the same was ______ and _____ made without _____ or ______, Under the rules hereafter prescribed. Statement freely voluntarily compulsion persuasion
Art 38.22 When statements may be used In this article, a written statement of an accused means: 1) a statement made by the accused in ___ own handwriting or 2) a statement made in a language the accused can _____ or ______ His read understand
Art 38.07 Testimony in corroboration of victim of sexual offense:supportable on the ________ testimony of the victim of the sexual offense of the victim informed any person, other than the defendant, of the alleged offense within ____ year after the date on which the offense is alleged to have occurred. Uncorroborated one
38.07 The requirement that the victim inform another person of an alleged offense does _____ apply if at the time alleged offense the victim was a person: 1) ____ years of age or younger 2) ___years of age or older 3) ___yoa or older physical mental disease Not 17 65 18
18.23 expenses for motor vehicle towed and stored for certain purposes.a) A law agency that directs the towing or storage of a motor vehicle for an _____ or _____ purpose ____ pay the cost of the towing and storage. Evidentiary examination shall
18.09 when the property which the officer is directed to search for and seize is found he shall take ____ of the same and carry it before the ____. He shall also ___ any _____ Shall seize accused and property::Possession magistrate arrest person
18.10 not later than ____ _____ days after executing a search warrant, the officer ___ return the search warrant. Shall also attach how the warrant was executed and submit an inventory list. How return made:::3 whole
Created by: toniazzo