36 terms

Texas Peace Officer - Code of Criminal Procedure

This Code shall take effect and be in force on and after January 1, 1966.
Objects of this code:
To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To insure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
5. To insure a fair and impartial trial; and
6. The certain execution of the sentence of the law when declared
C.C.P. #1.04 Due Course of Law:
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
C.C.P. #1.05 Rights of Accused:
In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a felony unless on indictment of a grand jury
C.C.P. #1.051
Right to representation of counsel
C.C.P. #1.06
Searches and seizures
C.C.P. #1.07
Right to bail
C.C.P. #1.08
Habeas corpus
C.C.P. #1.09
Cruelty forbidden
C.C.P. #1.10
C.C.P. #1.11
Acquittal a bar
C.C.P. #1.12
Right to jury
C.C.P. #1.13
Waiver of trial by jury
C.C.P. #1.14
Waiver of rights
C.C.P. #1.141
Waiver of indictment for noncapital felony
C.C.P. #1.15
Jury in felony
C.C.P. #1.16
Liberty of speech and press
C.C.P. #1.17
Religious belief
C.C.P. #1.18
Outlawry and transportation No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.)
C.C.P. #1.21
Privilege of legislators
C.C.P. #1.23
Dignity of state
C.C.P. #1.24
Public trial
C.C.P. #1.25
Confronted by witnesses
C.C.P. #1.27
Common law governs
It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
Peace Officer:
sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 415, Government Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 415, Government Code;
(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 415, Government Code;
(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
Peace Officer:
law enforcement agents of the Texas Alcoholic Beverage Commission;
(7) each member of an arson investigating unit commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services Commission;
(10) law enforcement officers commissioned by the Parks and Wildlife Commission
Peace Officer:
) airport police officers commissioned by a city with a population of more than one million, according to the most recent federal census, that operates an airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and security officers;
(14) security officers commissioned as peace officers by the comptroller;
(15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;
Peace Officer:
(16) officers commissioned by a board of trustees under Chapter 341, Acts of the 57th Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas Civil Statutes);
(17) investigators commissioned by the Texas State Board of Medical Examiners;
(18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing Commission;
Peace Officer:
officers commissioned by the State Board of Pharmacy;
(22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney general under Section 402.009, Government Code;
(24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code;
Peace Officer:
(26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources Code; and
Text of subd. (30) as added by Acts 1999, 76th Leg., ch. 322, § 2
(30) officers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code.
Peace Officer:
(30) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 415.016, Government Code.
Text of subd. (30) as added by Acts 1999, 76th Leg. ch. 974, § 37
(30) board investigators commissioned by the Texas Commission on Private Security under Section 10(f), Private Investigators and Private Security Agencies Ac
Railroad Peace Officer:
The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees.
(b) Except as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad.
Duties and Powers of Peace
) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.
(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
Summon Aid:
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.
Person refusing to aid:
The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.