CCP - Quiz, 05.24.19 Flashcards
The actual quiz numbers are 6.5 and 6.4.
Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES.
(a) This article applies only to the following offenses
* *(list the 5 offenses):**
- assault under Section 22.01
- agg assault PC Sec22.02
- sexual assault PC Sec 22.011
- agg sexual assault PC Sec. 22.021
- terroristic threat PC Sec 22.07.
(b) A peace officer who investigates the alleged commission of an offense… shall prepare awritten report .
(c) On request of a victim…, the local LEA investigating the offense shall provide the victim, at no cost with…the written report prepared under Subsection (b); described by Article 5.05(a)(1) or (2);and not exempt from disclosure under GC Chapter 552,
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 maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law.
Art. 5.01. LEGISLATIVE STATEMENT.
(b) In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim.
Art. 5.02. DEFINITIONS - FAMILY VIOLENCE
In this chapter, “family violence,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
Sec. 71.004. FAMILY VIOLENCE. “Family violence” means:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M),by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.
Art. 5.02 DEFINITIONS - FAMILY
“Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Art 5.02 DEFINITIONS - HOUSEHOLD
FC Sec. 71.005. HOUSEHOLD.
“Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
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.
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.
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 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.
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 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.
Art. 5.045. STANDBY ASSISTANCE; LIABILITY
(b) A peace officer who provides assistance under Subsection (a) of this article is not:
(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.
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.
