Code of Criminal Procedure

Question 1

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 ______ ___ _______ ______ of family violence, ______ ____ ____ __ ____ ____, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators

Answer 1

protect any potential victim, enforce the law of this state

5.04 (A)

Question 2

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 _______ ______ _____ _____ or _______ ______ ______ _____ listed in the Texas Crime Information Center

Answer 2

current licensed foster home, verified agency foster home

5.04 (A-1)

Question 3

What is the statue of limitations for the following offenses?

A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;
(D) continuous sexual abuse of young child or children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11, Penal Code;
(F) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;
(G) trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code; or
(H) continuous trafficking of persons under Section 20A.03, Penal Code

Answer 3

No Limitation

Question 4

What is the statute of limitations for the following offenses?

(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) forgery 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) arson;
(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

Answer 4

Ten Years

Question 5

What is the statute of limitations for the following offenses?

What is the statue of limitations for the following offenses?

(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) bigamy under Section 25.01, Penal Code, except as provided by Subdivision (6);

Answer 5

Seven Years

Question 6

What is the statute of limitations for the following offenses?

(A) theft 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) insurance fraud;

Answer 6

Five Years

Question 7

5) if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, __ ____ ___ ___ ___ ___ ___ ___ _______ 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 under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision

Answer 7

20 years from the 18th birthday of the victim

Question 8

What is the statue of limitations for the following offenses if the victim was found to be younger than 17 years of age at the time the offense was committed?

(A) trafficking 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 18 years of age at the time the offense is committed

Answer 8

10 years from the 18th birthday of the victim

Question 9

What is the statute of limitations for all other felonies not given a specific time frame?

Answer 9

three years from the date of the commission of the offense

Question 10

An indictment or information for any______ _ __ _____ _ misdemeanor may be presented within ____ _____ from the date of the commission of the offense, and not afterward

Answer 10

Class A or Class B, two years

Question 11

A complaint or information for any ____ _ misdemeanor may be presented within ____ ____ from the date of the commission of the offense, and not afterward

Answer 11

Class C, two years

Question 12

What days are excluded from the computation of time?

Answer 12

the day the offense was committed and the day the indictment or information is presented

Question 13

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 ______ or as an offense against the _______ ______

Answer 13

felony, public peace

Question 14

A peace officer may arrest an offender without a warrant for ___ _______ committed in his presence or within his view

Answer 14

any offense

Question 15

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

Answer 15

warrant of arrest

Question 16

The affidavit made before the magistrate or district or county attorney is called a “________” if it charges the commission of an offense

Answer 16

complaint

Question 17

How long does a magistrate have to forward the paperwork filled out by the accused requesting appointment of counsel?

Answer 17

no more than 24 hours

Question 18

How long does a person making an arrest have to present the peron in custody before a magistrate?

Answer 18

no more than 48 hours

Question 19

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

Answer 19

search warrant

Question 20

Issuance of Search Warrant to Photograph Injured Child

A search warrant under this section shall be executed by a peace officer __ ___ ____ ___ as the alleged victim or, if the officer is not __ ___ _____ ___ as the alleged victim, the peace officer must be assisted by a person __ ____ _____ ___ as the alleged victim. The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs

Answer 20

of the same sex, of the same sex, of the same sex

Question 21

The following outline the _______ ___ _____.

(1) that it run in the name of “The State of Texas”;
(2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; and
(4) that it be dated and signed by the magistrate

Answer 21

contents of warrant

Question 22

A search warrant must be executed within _ _____ from the time of its issuance.

Answer 22

three days

Question 23

A warrant can run for __ ______ days if the warrant is issued solely to search for and seize specimens from a specific perosn for DNA analysis and comparison, including blood and saliva samples.

Answer 23

15 whole

Question 24

A warrant can run for __ ______ days if the warrant is issued for stored customer data or communications. Which, also means a warrant for customer data or communications has to be executed not later than the __ day after the date of issuance.

Answer 24

11th

Question 25

When a search warrant is returned to the magistrate, what should be attached to it or written on the back?

Answer 25

how the warrant was executed and and an inventory of the property takne into possession under the warrant

Question 26

(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 ____ business 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.

Answer 26

15th, 30th

Question 27

When a service provider files a motion to quash a warrant, the district judge has to hear and decide whether to grant the motion ____ _____ ___ ___ ___ day after the date the service provider files the motion.

Answer 27

not later than the 5th

Question 28

(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 ______ ___ ____ after the date on which the offense is alleged to have occurred.
(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) 17 years of age or younger;
(2) 65 years of age or older; or
(3) 18 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

Answer 28

within one year

Question 29

If a child younger than 13 is testifying, who can question the child?

Answer 29

only the judge and the atttorneys

Question 30

If the court should set any additional limitations and condtions on the taking of testimony of a child younger than 13 the court shall take into consideration the _____ ___ ___ ____, ____ __ ___ _____ and ___ ____ ___ ___.

Answer 30

interests of the child, rights of the defendant and any other relevant factors.

Question 31

Which voices on a recording of testimony need to be identified?

Answer 31

each voice needs to be identified

Question 32

Testimony of an inmate witness who is in the custody of the TDC can be taken by a video teleconferencing system if there is a need for the inmate to testify.

True or False

Answer 32

True

Question 33

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) _ ___ ___ ___ ___ ___ ___, __ ___ ___, or _ _____ __ ___ _____ __ ___ ___; or
(2) an offnese of ______

Answer 33

a crime committed against the person’s spouse, a minor child, or a member of the household of either spouse
bigamy

Question 34

If an instrument is partly written and partly printed and the two are inconsistent, which one shall be in control?

Answer 34

the written portion will control the printed portion

Question 35

In the event that the only available interpreter is not considered to possess adequate interpreting skills for the particualr situation of the interpreter is not familiar with the use of slang, who may be permitted by the court to nominate another person to act as an intermediary between the person charged or witness and the appointed interpreter in the proceedings?

Answer 35

the person charged or witness

Question 36

Are qualified telephone interpreters allowed to be used during felony or misdemeanor trials? If so, which class of felony or misdemeanor?

Answer 36

yes, only at class c trials where an interpreter is not available to appear or the available interpreter does nort possess the adequate interpreting skills or is not familiar with the use of slang

Question 37

A proceeding for which an interpreter is required (for deaf persons) to be appointed may not commence until the appointed interpreter is in a position ____ ____ ___ ____ from and in ____ ____ of the deaf person.

Answer 37

not exceeding ten feet, full view

Question 38

“_______ ______” means an interpreter for the deaf who holds a current legal certificate issued by the National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board for Evaluation of Interpreters at the Department of Assistive and Rehabilitative Services

Answer 38

qualified interpreter

Question 39

“Crime laboratory” includes a ______ __ _____ laboratory or other entity that conducts a forensic analysis subject to this article.

Answer 39

public or private

Question 40

“_______ _______” 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. The term does not include:
(A) latent print examination;
(B) a test of a specimen of breath under Chapter 724, Transportation Code;
(C) digital evidence;
(D) an examination or test excluded by rule under Section 411.0205(c), Government Code;
(E) a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or
(F) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action

Answer 40

forensic analysis

Question 41

(e) A forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not inadmissible in a criminal action based solely on the accreditation status of the crime laboratory conducting the analysis if the laboratory:

Answer 41

(A) except for making proper application, was eligible for accreditation by the director at the time of the examination or test; and
(B) obtains accreditation from the director before the time of testimony about the examination or test

Question 42

How many days prior to the trial must the chain of custody affidavit be filed with the clerk of the court?

Answer 42

not later than the 20th day before the trial begins

Question 43

How many days prior to the trial must the opposing party file an objection to the use of a chain of custody affidavit?

Answer 43

not later than the 10th day before the trial begins

Question 44

A chain of custody affidavit must contain the following information stated under oath:
(1)
(2)
(3)
(4)
(5)
(6)

Answer 44

(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 employer on the date the affiant obtained custody of the physical evidence;
(4) the date and method of receipt and the name of the person from whom or location from which the item of physical evidence was received;
(5) the date and method of transfer and the name of the person to whom or location to which the item of physical evidence was transferred; and
(6) a statement that the item of evidence was transferred in essentially the same condition as received except for any minor change resulting from field or laboratory testing procedures

Question 45

Biological Evidence

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 ____ ____ ____ __ ____, or until the applicable statute of limitations has expired, if there is an unapprehended actor associated with the offense

Answer 45

not less than 40 years

Question 46

(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 last attorney of record for the defendant, and the convicting 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 ____ ___ ___ day after the later of the following dates:
(1)
or
(2)

Answer 46

before the 91st

(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;
(2) the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant

Question 47

What information is on the pseudonym form?

Answer 47

name, address, telephone number and pseudonym of the victim

Question 48

(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 _______ _______, except on an order of a court of competent jurisdiction.

Answer 48

defendant, defendant’s attorney

Question 49

e) If a victim completes and returns a pseudonym form to a law enforcement agency under this article, the law enforcement agency receiving the form shall:
(1)
(2)
(3)

Answer 49

:(1) remove the victim’s name and substitute the pseudonym for the name on all reports, files, and records in the agency’s possession;

(2) notify the attorney for the state of the pseudonym and that the victim has elected to be designated by the pseudonym; and
(3) maintain the form in a manner that protects the confidentiality of the information contained on the form.

Question 50

If the vicitm is _____ ____ ___ in a sexual assault case the vicitm’s information will not be released to anyone not assisting in the investigation, prosecution or defense of the case. This onyl applies to a public servant or other peron who has acces to the confidential information and excludes the victim or the person responsible for the victim unless the person responsible for the victim is a defendant in the case.

Answer 50

younger than 17

Question 51

If an officer makes a family violence report involving a current licensed foster home or verified agency foster home, how long does the officer have to report the incident to the Department of Family and Protective Services?

Answer 51

within 24 hours of the beginning of the investigation or receipt of the disturbance call