All Chpts. Flashcards
Art. 5.01. LEGISLATIVE STATEMENT. (a) Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the \_\_\_\_\_\_ \_\_\_\_\_\_ from harm or abuse or the threat of harm or abuse as is permitted by law. A. Maximum protection B. Adequate protection C. Maximum support D. Police protection
A.
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 ________ between an alleged violator and the victim of family violence.
A. Member
B. Relationship
C. Relative
D. Minor
B.
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 ______ any potential victim of family violence, ______ the law of this state, enforce a protective order from another jurisdiction
as provided by Chapter 88, Family Code, and make ______ _____ of violators.
protect
enforce
lawful arrests
Art. 5.04. DUTIES OF PEACE OFFICERS. (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 \_\_\_\_\_\_\_ 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. A. Names B. Address C. Location D. Dates of birth
B
Art. 5.04. DUTIES OF PEACE OFFICERS.
(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 ______ _____ 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.
reasonable means
Art. 5.045. STANDBY ASSISTANCE; LIABILITY.
(a) In the discretion of a peace officer, the officer may stay with a victim of _____ _____ 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.
family violence
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 ___, ___, and ______ of the incident;
(3) any ______ 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.
date, time, and location
visible
Art. 5.05. REPORTS AND RECORDS.
(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______of the beginning of the investigation or receipt of the disturbance call.
24 hours
Art. 5.05. REPORTS AND RECORDS.
(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 __________________ is entitled to access the records relating to any person who is _____ of age or older and who resides in a licensed foster home or a verified agency foster home.
Department of Family and Protective Services
14 years
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 county in which the order was issued or, without regard to the identity or location of the court that issued the protective order, in the county in which the \_\_\_\_\_\_\_\_\_\_\_\_. A. Offense was committed B. Victim resides C. Children reside D. Defendant resides
A
Art. 12.01. FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: (1) no limitation: (A) murder and \_\_\_\_\_\_\_; A. Capital murder B. Injury to a child C. Manslaughter D. Aggravated sexual assault
C
Art. 12.01. FELONIES.
(2) ___ years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government property over which he exercises control in his official capacity;
(C) _____or the uttering, using or passing of forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04, Penal Code;
(E) sexual assault, except as provided by Subdivision (1);
(F) ______;
(G) trafficking of persons under Section 20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section 43.05(a)(1), Penal Code;
ten
forgery
arson
Art. 12.01. FELONIES
(3) ____ years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax Code;
(D) false statement to obtain property or credit under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section 32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) Medicaid fraud under Section 35A.02, Penal Code; or
(I) _____ under Section 25.01, Penal Code, except as provided by Subdivision (6);
seven
bigamy
Art. 12.01. FELONIES
(4) ____ years from the date of the commission of the offense:
(A) _____ or robbery;
(B) except as provided by Subdivision (5), kidnapping or burglary;
(C) injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) ______ fraud;
five
theft
insurance
Art. 12.01. FELONIES
(5) if the investigation of the offense shows that the victim is younger than ______ of age at the time the offense is committed, __ years from the 18th birthday of the victim of one of the following offenses:
(A) sexual performance by a child under Section 43.25, Penal Code;
(B) aggravated kidnapping under Section 20.04(a)(4),Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or
(C) burglary
17 years
20
Art. 12.01. FELONIES
(6) ___ years from the 18th birthday of the victim of the offense:
(A) _______ of persons under Section 20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal Code;
(C) compelling prostitution under Section 43.05(a)(2), Penal Code; or
(D) bigamy under Section 25.01, Penal Code, if the investigation of the offense shows that the person, other than the legal spouse of the defendant, whom the defendant marries or purports to marry or with whom the defendant lives under the appearance of being married is younger than ___years of age at the time the offense is committed;
ten
trafficking
18
Art. 12.01. FELONIES
(7) ____ years from the date of the commission of the offense: all other felonies.
three
Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within\_\_\_ years from the date of the commission of the offense, and not afterward. A. Three B. Four C. Two D. Five
C
Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY.
(a) The limitation period for _____ _____ is the same as that of the offense attempted.
criminal attempt
Art. 12.04. COMPUTATION.
The day on which the offense was committed and the day on which the indictment or information is presented shall be _____ from the computation of time.
excluded
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
Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer
___ arrest, without warrant:
(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some ____, 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;
may
felony
Art. 14.03. AUTHORITY OF PEACE OFFICERS.
(b) A peace officer ____ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.
shall
Art. 15.01. WARRANT OF ARREST.
A “_________” 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.
warrant of arrest
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:
3. It must be signed by the _______, and his office be named in the body of the warrant, or in connection with his signature.
magistrate
Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.
(a) A magistrate may issue a warrant of arrest or a summons:
1. In ___ case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make ____ before the magistrate that another has committed some offense against the laws of the State;
any
oath
Art. 15.04. COMPLAINT.
The affidavit made before the magistrate or district or county attorney is called a “complaint” if it charges the commission of an ______.
offense
Art. 15.05. REQUISITES OF COMPLAINT.
The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
3. It must state the ___ and ____ of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the _____ by writing his name or affixing his mark.
time/place
affiant
Art. 15.16. HOW WARRANT IS EXECUTED.
a) The officer or person executing a warrant of arrest shall without _______ _____ take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the
magistrate is in the same county where the person is arrested.
unnecessary delay
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.
(a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than ___ hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.
A. 24
B. 48
C. 16
D. 72
B
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE
(a) If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not
later than ___ hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts’ designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.
24
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE
(a) The magistrate shall allow the person arrested __________ and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense, admit the person arrested to bail if allowed by law.
reasonable time
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE
(a) A recording of the communication between the arrested person and the magistrate shall be made. The recording 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 recording is made if the person is charged with a misdemeanor or the ___ day after the date on which the recording is made if the person is charged with a _____.
91st
120th
felony
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE
(b) If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a _____ for the arrest of the accused. If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should set as the amount of bail an amount _____ that generally set for the offense for which the accused was arrested.
warrant
double
Art. 15.25. MAY BREAK DOOR.
In case of _____, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving ______ of his authority and purpose.
felony
notice
Art. 18.01. SEARCH WARRANT.
(a) A “________” 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 of the film exposed pursuant to the order.
search warrant
Art. 18.01. SEARCH WARRANT
(j) Any magistrate who is an ______ licensed by this state may issue a search warrant under Article 18.02(10) to collect a ____ specimen from a person who:
(1) is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
(2) refuses to submit to a ____ or ____ alcohol test.
attorney
blood
breath/blood
Art. 18.02. GROUNDS FOR ISSUANCE. (a) A search warrant may be issued to search for and seize:
(3) ___ and ______ kept or prepared for the purposes of insurrection or riot;
(10) property or items, except the ___________, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;
arms/munitions
personal writings by the accused
Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED
CHILD.
(b) The officer executing the warrant may be accompanied by a ________ who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant.
photographer
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 _________ that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
probable cause
Art. 18.04. CONTENTS OF WARRANT.
A search warrant issued under this chapter shall be sufficient if it contains the following requisites:
(4) that it be ____ and____ by the magistrate.
dated
signed
Art. 18.06. EXECUTION OF WARRANTS. (a) A peace officer to whom a search warrant is delivered shall execute the warrant without delay and forthwith return the warrant to the proper magistrate. 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 \_\_\_\_\_\_\_. A. 11, 3, magistrate B. 5, 10, magistrate C. 11, 3, judge D. 5, 10, judge
A
Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
(a) The period allowed for the execution of a search warrant, _______ of the day of its issuance and of the day of its execution, is:
(1) ______ days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and _____ samples;
exclusive
15 whole
saliva
Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
(a) 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:
(2) ______ days if the warrant is issued under Section 5A, Article 18.21 (Stored Customer Data or Communications); or
(3) ____ whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).
A. 10 whole, three
B. 15 whole, three
C. Three whole, five
D. 15 whole, five
A
Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN.
(b) The magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and ____ of its issuance.
hour
Art. 18.09. SHALL SEIZE ACCUSED AND PROPERTY.
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 magistrate.
A. Custody
B. Photographs
C. Possession
D. Inventory
C
Art. 18.10. HOW RETURN MADE.
Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the ______ of the property taken into his possession under the warrant.
inventory
Art. 18.21 Sec. 5A. WARRANT ISSUED IN THIS STATE FOR STORED CUSTOMER DATA OR COMMUNICATIONS.
(b) On the filing of an application by an authorized peace officer, a ____ _____ may issue a search warrant under this section for electronic customer data held in electronic storage, including the contents of and records and other information related to a ____ communication or electronic communication held in electronic storage, by a provider of an electronic communications service or a provider of a remote computing service described by Subsection (h), regardless of whether the customer data is held at a location in this state or at a location in another state.
district judge
wire
Art. 18.21 Sec. 5A. WARRANT ISSUED IN THIS STATE FOR STORED CUSTOMER DATA OR COMMUNICATIONS.
(c) A search warrant may not be issued under this section unless the sworn affidavit required by Article 18.01(b) sets forth _______ and _________ to establish probable cause that:
(1) a specific offense has been committed; and
(2) the electronic customer data sought:
(A) constitutes ______ of that offense or evidence that a particular person committed that offense
sufficient, substantial facts
evidence
Art. 18.21 Sec. 5A. WARRANT ISSUED IN THIS STATE FOR STORED CUSTOMER DATA OR COMMUNICATIONS.
(g) The peace officer shall execute the warrant not later than the ___ day after the date of issuance, except that the officer shall execute the warrant within a shorter period if so directed in the warrant by the _________.
11th
district judge
Art. 18.21 Sec. 5A. WARRANT ISSUED IN THIS STATE FOR STORED CUSTOMER DATA OR COMMUNICATIONS.
(j) The district judge shall indicate in the warrant that the deadline for compliance by the provider of an electronic communications service or the provider of a remote computing service is the __ ______ day after the date the warrant is served if the warrant is to be served on a domestic entity or a company or entity otherwise doing business in this state, except that the deadline for compliance with a warrant served in accordance with Section 5.251, Business Organizations Code, may be extended to a date that is not later than the ___ day after the date the warrant is served.
15th business
30th
Art. 18.21 Sec. 5A. WARRANT ISSUED IN THIS STATE FOR STORED CUSTOMER DATA OR COMMUNICATIONS.
(j) The judge may indicate in a warrant that the deadline for compliance is earlier than the 15th business day after the date the warrant is served if the officer makes a showing and the judge finds that failure to comply with the warrant by the earlier deadline would cause serious jeopardy to an investigation, cause undue delay of a trial, or create a material risk of:
(1) danger to the life or physical safety of any person;
(2) flight from prosecution;
(3) the tampering with or destruction of evidence; or
(4) _____ of potential witnesses.
intimidation
Art. 18.22. TESTING FOR COMMUNICABLE DISEASES FOLLOWING CERTAIN
ARRESTS.
(a) A person who is arrested for a misdemeanor or felony and who during the commission of that offense or an arrest following the commission of that offense causes a peace officer to come into contact with the person’s bodily fluids shall, at the direction of the ____ having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a communicable disease. The court may direct the person to undergo the procedure or test on its own motion or on the request of the ____ _____.
court
peace officer
Art. 38.03. PRESUMPTION OF INNOCENCE. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a ______ _____.
reasonable doubt
Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
OFFENSE.
(a) A conviction under Chapter 21, Section 20A.02(a)(3), (4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed any person, other than the defendant, of the alleged offense within ______ after the date on which the offense is alleged to have occurred.
one year
Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
OFFENSE.
(b) The requirement that the victim inform another person of an alleged offense does not apply if at the time of the alleged offense the victim was a person:
(1) __ years of age or younger;
(2) 65 years of age or older; or
(3) __ years of age or older who by reason of age or physical or mental disease, defect, or injury was substantially unable to satisfy the person’s need for food, shelter, medical care, or protection from harm.
17
18
Art. 38.071. TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE.
Sec. 1. This article applies only to a hearing or proceeding in which the court determines that a child younger than ___ years of age would be unavailable to testify in the presence of the defendant about an offense
13
Art. 38.072. HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS
Sec. 1. This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child younger than __ years of age or a person with a disability:
14
Art. 38.072. HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS
(b) A statement that meets the requirements of Subsection (a) is not inadmissible because of the hearsay rule if:
(1) on or before the ___ day before the date the proceeding begins, the party intending to offer the statement:
(A) notifies the _____party of its intention to do so;
(B) provides the adverse party with the name of the witness through whom it intends to offer the statement; and
(C) provides the adverse party with a written summary of the statement;
14th
adverse
Art. 38.073. TESTIMONY OF INMATE WITNESSES.
In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is required to testify as a witness, any deposition or testimony of the inmate
witness may be conducted by a ____ _______ system in the manner described by Article 27.18.
video teleconferencing
Art. 38.075. CORROBORATION OF CERTAIN TESTIMONY REQUIRED.
(a) A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time when the person was ______ or ______ in the same correctional facility as the defendant unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.
imprisoned or confined
Art. 38.08. DEFENDANT MAY TESTIFY.
Any defendant in a ____ ____ shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.
criminal action
Art. 38.10. EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE.
The privilege of a person’s spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with:
(1) a crime committed against the person’s spouse, a ____ child, or a member of the household of either spouse; or
(2) an offense under Section 25.01, Penal Code (_____).
minor
Bigamy
Art. 38.101. COMMUNICATIONS BY DRUG ABUSERS.
A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission to voluntary treatment for drug abuse is ________. However, information derived from the treatment or examination of drug abusers may be used for ______ and _____ purposes if the names of the patients are not revealed.
not admissible
statistical
research
Art. 38.14. TESTIMONY OF ACCOMPLICE.
A ______ cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it _____ shows the commission of the offense.
conviction
merely
Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR SPECIAL
INVESTIGATOR.
(a) A defendant may not be convicted of an offense under Chapter 481, Health and Safety Code, on the testimony of a person who is not a licensed peace officer or a _____ _____ but who is acting covertly on behalf of a law enforcement agency or under the color of law enforcement unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.
special investigator
Art. 38.17. TWO WITNESSES REQUIRED. In all cases where, by law, two witnesses, or one with corroborating circumstances, are required to authorize a conviction, if the requirement be not fulfilled, the court shall instruct the jury to render a verdict of \_\_\_\_\_\_, and they are bound by the instruction. A. Not guilty B. Guilty C. Acquittal D. Retrial
C
Art. 38.18. PERJURY AND AGGRAVATED PERJURY.
(a) No person may be convicted of perjury or aggravated perjury if proof that his statement is false rests solely upon the testimony of ________ other than the defendant.
A. Two witnesses
B. One witness
C. An inmate
D. One victim
B
Art. 38.21. STATEMENT.
A statement of an accused may be used in
evidence against him if it appears that the same was freely and ______ made without _______ or persuasion, under the rules hereafter prescribed.
voluntarily
compulsion
Art. 38.22. WHEN STATEMENTS MAY BE USED.
Sec. 1. In this article, a written statement of an accused means:
(1) a statement made by the accused in his own _______; or
(2) a statement made in a language the accused can read or understand that:
(A) is signed by the accused; or
(B) bears the mark of the accused, if the accused is unable to write and the mark is witnessed by a person other than a _____ ______.
.
handwriting
peace officer
Art. 38.22. WHEN STATEMENTS MAY BE USED.
Sec. 3. (a) No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless:
(5) not later than the ___ day before the date of the proceeding, the attorney representing the defendant is provided with a true, complete, and accurate copy of all recordings of the defendant made under this article.
20th
Art. 38.22. WHEN STATEMENTS MAY BE USED
Sec. 8. Notwithstanding any other provision of this article, a written, oral, or sign language statement of an accused made as a result of a custodial interrogation is admissible against the accused in a criminal proceeding in this state if:
(1) the statement was obtained in another state and was obtained in _____ with the laws of that state or this state; or
(2) the statement was obtained by a federal law enforcement officer in this state or another state and was obtained in compliance with the laws of the United States.
A. Conformity
B. Good faith
C. Compliance
D. Assent
C
Art. 38.23. EVIDENCE NOT TO BE USED.
In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a ______ ____, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.
reasonable doubt
Art. 38.23. EVIDENCE NOT TO BE USED.
(b) It is an exception to the provisions of Subsection (a) of this Article that the evidence was obtained by a law enforcement officer acting in objective ____ _____ reliance upon a warrant issued by a _______ magistrate based on probable cause.
good faith
neutral
Art. 38.25. WRITTEN PART OF INSTRUMENT CONTROLS.
When an instrument is partly written and partly printed, the _____ shall control the _____ portion when the two are ________.
written
printed
inconsistent
Art. 38.27. EVIDENCE OF HANDWRITING.
It is competent to give evidence of handwriting by ________, made by experts or by the jury. Proof by comparison only shall not be sufficient to establish the handwriting of a witness who denies his _____ under oath.
comparison
signature
Art. 38.30. INTERPRETER.
(b) Except as provided by Subsection (c) of this article, interpreters appointed under the terms of this article will receive from the general fund of the county for their services a sum not to exceed _____ a day as follows: interpreters shall be paid not less than ____ nor more than ____ a day at the discretion of the judge presiding, and when travel of the interpreter is involved all the
actual expenses of travel, lodging, and meals incurred by the interpreter pertaining to the case the interpreter is appointed to serve shall be paid at the same rate applicable to _____ employees.
$100
$15
$100
state
Art. 38.31. INTERPRETERS FOR DEAF PERSONS
(d) A proceeding for which an interpreter is required to be appointed under this Article may not commence until the appointed interpreter is in a position not exceeding __ ___ from and in full view of the deaf person.
ten feet
Art. 38.31. INTERPRETERS FOR DEAF PERSONS
(2) “Qualified interpreter” means an interpreter for the deaf who holds a current legal certificate issued by the ____________ or a current court interpreter certificate issued by the _______________ at the Department of Assistive and Rehabilitative Services.
National Registry of Interpreters for the Deaf
Board for Evaluation of Interpreters
Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES. (a) In this article, "property" means any \_\_\_\_\_ personal property. A. Purchased B. Tangible C. Identifiable D. Lost
B
Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES.
(b) A photograph of _____ that a person is alleged to have unlawfully appropriated with the intent to deprive the owner of the property is admissible into evidence under rules of law governing the admissibility of photographs. The photograph is as admissible in evidence as is the property itself.
A. Evidence
B. Contraband
C. Property
D. Weapons
C
Art. 38.35. FORENSIC ANALYSIS OF EVIDENCE; ADMISSIBILITY.
(4) “Forensic analysis” means a medical, chemical, toxicologic, _____, 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 ____. The term does not include:
(A) ____ ____ examination;
(B) a test of a specimen of breath under Chapter 724, Transportation Code;
(C) digital evidence;
ballistic
court
latent print
Art. 38.36. EVIDENCE IN PROSECUTIONS FOR MURDER.
(a) In all prosecutions for murder, the state or the ______ shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the _____ of the mind of the accused at the time of the offense.
A. Defendant, condition
B. Defendant, culpability
C. Judge, condition
D. Attorney, state
A
Art. 38.37. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS.
Sec. 3. The state shall give the defendant notice of the state’s intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the ____ day before the date of the defendant’s trial.
A. 14th
B. 15th
C. 30th
D. 31st
C
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT. Sec. 1. A chain of custody affidavit that complies with this article is admissible in evidence on behalf of the state or the defendant to establish the chain of custody of \_\_\_\_\_\_\_\_\_\_ evidence without the necessity of any person in the chain of custody personally appearing in court. A. Material B. Relevant C. Tangible D. Physical
D
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT.
Sec. 3. A chain of custody affidavit under this article must contain the following information stated under oath:
(1) the affiant’s name and address;
(2) a description of the item of evidence and its container, if any, obtained by the affiant;
(3) the name of the affiant’s ______ on the date the affiant obtained custody of the physical evidence;
A. Attorney
B. Judge
C. Employer
D. Supervisor
C
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT.
Sec. 4. Not later than the ___ day before the trial begins in a proceeding in which a chain of custody affidavit under this article is to be introduced, the affidavit must be filed with the clerk of the court and a copy must be provided by fax, secure electronic mail, hand delivery, or certified mail, return receipt requested, to the _____ _____. The affidavit is not admissible under Section 1 if,
not later than the ___ day before the trial begins, the opposing party files a written objection 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.
20th
opposing party
10th
Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.
(a) In this article, “biological evidence” means:
(1) the contents of a sexual assault examination kit; or
(2) any item that contains blood, semen, hair, saliva, skin tissue, _________, bone, bodily fluids, or any other identifiable biological material that was collected as part of an investigation of an alleged felony offense or conduct constituting a felony offense that might reasonably be used to:
(A) establish the identity of the person _______ the offense or engaging in the conduct constituting the offense; or
(B) ______ a person from the group of persons who could have committed the offense or engaged in the conduct constituting the offense.
fingernail scrapings
committing
exclude
Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.
(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(1) for not less than____ years, or until the applicable statute of limitations has expired, if there is an ______ actor associated with the offense.
40
unapprehended
Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.
(d) The attorney representing the state, clerk, or other officer in possession of biological evidence described by Subsection
(a) may destroy the evidence, but only if the attorney, clerk, or officer by mail notifies the defendant, the ___________ for the defendant, and the ________ court of the decision to destroy the evidence and a written objection is not received by the attorney, clerk, or officer from the defendant, attorney of record, or court before the ____ day after the later of the following dates:
(1) the date on which the attorney representing the state, clerk, or other officer receives proof that the defendant received notice of the planned destruction of evidence; or
(2) the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant.
last attorney of record
convicting
91st
Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.
(f) The Department of Public Safety shall adopt standards and rules authorizing a county with a population less than ______ to ensure the preservation of biological evidence by promptly delivering the evidence to the ___________ for storage in accordance with Section 411.053, Government Code, and department rules.
100,000
Department of Public Safety
Art. 38.44. ADMISSIBILITY OF ELECTRONICALLY PRESERVED DOCUMENT.
An electronically preserved document has the same legal significance and admissibility as if the document had been maintained in _____ form. If a party opposes admission of the document on the grounds that the document has been ______ altered, the proponent of the document must disprove the allegation by a ________ __ ___ ________.
hard-copy
materially
preponderance of the evidence
Art. 38.45. EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL
CONDUCT BY CHILD OR MINOR.
(a) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the_____ property or material:
public
Art. 57.01. DEFINITIONS.
(2) “Pseudonym” means a set of initials or a ______ name chosen by a victim to designate the victim in all public files and records concerning the offense, including police summary reports, ____ _____, and records of judicial proceedings.
fictitious
press releases
Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.
(a) The ____ ____ _____ and ____ _____ Program of the office of the attorney general shall develop and distribute to all law enforcement agencies of the state a pseudonym form to record the name, address, telephone number, and pseudonym of a victim.
Sexual Assault Prevention and Crisis Services
Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.
(c) A victim who completes and returns a pseudonym form to the law enforcement agency investigating the offense may not be required to disclose the victim’s name, address, and ________ in connection with the investigation or prosecution of the offense.
A. place of employment
B. telephone number
C. family members
D. date of birth
B.
Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.
(d) A completed and returned pseudonym form is confidential and may not be disclosed to any person other than a _______ in the case or the defendant’s attorney, except on an order of a court of competent jurisdiction.
A. victim
B. family member
C. minor
D. defendant
D.
Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.
(g) A court of competent jurisdiction may order the disclosure of a victim’s name, address, and telephone number only if the court finds that the information is essential in the trial of the defendant for the offense or the _____ of the victim is in issue.
A. Identity
B. Location
C. Employer
D. Family
A.
Art. 57.02. CONFIDENTIALITY OF FILES AND RECORDS.
(h) Except as required or permitted by other law or by court order, a public servant or other person who has access to or obtains the name, address, telephone number, or other identifying information of a victim younger than 17 years of age may not release or disclose the identifying information to any person who is not assisting in the investigation, prosecution, or defense of the case. This subsection does not apply to the release or disclosure of a victim’s identifying information by:
(1) the ____; or
(2) the victim’s parent, conservator, or guardian, unless the parent, conservator, or guardian is a ______ in the case.
A. victim, lawyer
B. state, witness
C. state, defendant
D. victim, defendant
D.
Art. 57.03. OFFENSE. (a) A public servant with access to the name, address, or telephone number of a victim \_\_\_ years of age or older who has chosen a pseudonym under this chapter commits an offense if the public servant knowingly discloses the name, address, or telephone number of the victim to \_\_\_\_\_\_\_ who is not assistingin the investigation or prosecution of the offense or to any person other than the defendant, the defendant's attorney, or the person specified in the order of a court of competent jurisdiction. A. 14, the defendant B. 15, any person C. 17, any person D. 16, the media
C.
Art. 57.03. OFFENSE.
(c-1) It is an exception to the application of this article that:
(1) the person who discloses the name, address, or telephone number of a victim is the inspector general of the Texas Department of Criminal Justice;
(2) the victim is an______ or state jail defendant confined in a facility operated by or under contract with the department; and
(3) the person to whom the disclosure is made is the department’s ________.
A. female, ombudsperson
B. inmate, ombudsperson
C. minor, chief
D. immigrant, chief
B.
Art. 5.05. REPORTS AND RECORDS.
(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 _____ date that has passed;
(2) it is _______ one year after the date the order was issued.
A. Termination, more than
B. Vacated, less than
C. Expiration, more than
D. Effective, less than
A.
Art. 18.21 Sec. 5A. Warrant issued in this state for stored customer data or communications: (g) The peace officer shall execute the warrant not later than the \_\_\_ day after the date of issuance, except that the officer shall execute the warrant within a shorter period if so directed in the warrant by the district judge. A. 5th B. 10th C. 11th D. 15th
C
Art. 18.21 Sec. 5A. Warrant issued in this state for stored customer data or communications: (j) the district judge shall indicate in the warrant that the deadline for compliance by the provider of an electronic communications service or the provider of a remote computing service is the \_\_\_\_\_\_\_ day after the date the warrant is served on a domestic entity. A. 15th B. 20th business C. 30th D. 15th business
D
Art. 18.21 Sec. 5A. Warrant issued in this state for stored customer data or communications: (j) the deadline for compliance with a warrant served in accordance with 5.251, Business Organizations Code, may be extended to a date that is not later than the \_\_\_\_ day after the date the warrant is served. A. 10th B. 15th business C. 30th D. 30th business
C
