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304 Cards in this Set

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A
person acts __________, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.
Intentionally
Culpable mental states are classified according to
relative degrees, from highest to lowest, as follows:
Intentional
Knowing Reckless
Criminal Negligence
A person commits an offense only if he voluntarily
engages in conduct, including an ___, an ________, or __________.
Act
Omission
or
Possession
___________ is a voluntary act if the possessor knowingly
obtains or receives the thing possessed or is aware of his control
of the thing for a sufficient time to permit him to terminate his
control.
Possession
A person who _____ to perform an act does not commit an
offense unless a law as defined by Section 1.07 provides that the
________ is an offense or otherwise provides that he has a duty to
perform the act.
Omits
Omission
Except as
provided in Subsection (b), a person does not commit an offense
unless he ________, _________, ________, or with ________ _________ engages in conduct as the definition of the offense
requires.
Intentionally
Knowingly
Recklessly
Criminal Negligence
A person acts _________, or with knowledge, with respect
to the nature of his conduct or to circumstances surrounding his
conduct when he is aware of the nature of his conduct or that the
circumstances exist.
Knowingly or with Knowledge
A person acts __________, or is ________, with respect
to circumstances surrounding his conduct or the result of his
conduct when he is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exist or
the result will occur. The risk must be of such a nature and degree
that its disregard constitutes a gross deviation from the standard
of care that an ordinary person would exercise under all the
circumstances as viewed from the actor's standpoint.
Recklessly or is Reckless
A person acts with ________ __________, or is _________ __________, with respect to circumstances surrounding his conduct or
the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result
will occur. The risk must be of such a nature and degree that the
failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all
the circumstances as viewed from the actor's standpoint.
Criminal Negligence or is Criminally Negligent
A person
is criminally responsible if the result would not have occurred but
for his conduct, operating either alone or concurrently with
another cause, unless the concurrent cause was clearly sufficient
to produce the result and the conduct of the actor clearly
insufficient.
(b) A person is nevertheless criminally responsible for
causing a result if the only difference between what actually
occurred and what he desired, contemplated, or risked is that:
1.
2.
1. A different offense was committed
2. A different person or property was injured, harmed or otherwise affected.
§ 3.01. DEFINITION. In this chapter, "_______ ________" means the commission of two or more offenses, regardless
of whether the harm is directed toward or inflicted upon more than
one person or item of property, under the following circumstances:
(1) the offenses are committed pursuant to the same
transaction or pursuant to two or more transactions that are
connected or constitute a common scheme or plan; or
(2) the offenses are the repeated commission of the
same or similar offenses
"criminal episode"
§ 3.02. CONSOLIDATION AND JOINDER OF
PROSECUTIONS. (a) A defendant may be prosecuted in a ________
criminal action for all offenses arising out of the same criminal
episode.
(b) When a single criminal action is based on more than one
charging instrument within the jurisdiction of the trial court, the
state shall file written notice of the action not less than ___ days
prior to the trial.
(c) If a judgment of guilt is reversed, set aside, or
vacated, and a new trial ordered, the state may not prosecute in a
single criminal action in the new trial any offense not joined in
the former prosecution unless evidence to establish _________ _______
for that offense was not known to the appropriate prosecuting
official at the time the first prosecution commenced.
Single

30

Probable Guilt
§ 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME
CRIMINAL EPISODE. (a) When the accused is found guilty of more
than one offense arising out of the same criminal episode
prosecuted in a single criminal action, a sentence for each offense
for which he has been found guilty shall be pronounced. Except as
provided by Subsection (b), the sentences shall run "____________".
(b) If the accused is found guilty of more than one offense
arising out of the same "_______ _______", the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.08; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
under Section 49.08; or
(2) an offense:
(A) under Section 21.11, 22.011, 22.021, 25.02,
or 43.25 committed against a victim younger than ___ years of age at
the time of the commission of the offense regardless of whether the
accused is convicted of violations of the same section more than
once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than ___
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section.
"Concurrently"

"Criminal Episode"

17

17
3.04. SEVERANCE. (a) Whenever two or more offenses
have been consolidated or joined for trial under Section 3.02, the
defendant shall have a right to a _________ of the offenses.
(b) In the event of severance under this section, the
provisions of Section 3.03 do not apply, and the court in its
discretion may order the sentences to run either ____________ or
_____________.
(c) The right to severance under this section does not apply
to a prosecution for offenses described by Section 3.03(b)(2)
unless the court determines that the defendant or the state would be
unfairly prejudiced by a joinder of offenses, in which event the
judge may order the offenses to be tried separately or may order
other relief as justice requires.
Severance

Concurrently or Consecutively
All persons
are presumed to be innocent and no person may be convicted of an
offense unless each element of the offense is proved ______ a
__________ _____. The fact that he has been arrested, confined, or
indicted for, or otherwise charged with, the offense gives rise to
no inference of guilt at his trial.
Beyond a Reasonable Doubt
An _________ to an offense in
this code is so labeled by the phrase: "It is an _________ to the
application of . . . ."
(b) The prosecuting attorney must negate the existence of an
exception in the accusation charging commission of the offense and
prove beyond a ________ ________ that the defendant or defendant's
conduct does not fall within the exception
Exception

Reasonable Doubt
A _______ to prosecution for an
offense in this code is so labeled by the phrase: "It is a "_______"
to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of a _______ in the accusation charging commission of the
offense.
(c) The issue of the existence of a _______ is not submitted
to the jury unless evidence is admitted supporting the _______.
(d) If the issue of the existence of a _______ is submitted
to the jury, the court shall charge that a reasonable doubt on the
issue requires that the defendant be acquitted.
Defense
An ___________
defense in this code is so labeled by the phrase: "It is an
___________ defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of an __________ defense in the accusation charging
commission of the offense.
(c) The issue of the existence of an affirmative defense is
not submitted to the jury unless evidence is admitted supporting
the defense.
(d) If the issue of the existence of an ___________ defense
is submitted to the jury, the court shall charge that the defendant
must prove the ___________ defense by a _____________ of evidence.
Affirmative

Preponderance
When this code or another penal
law establishes a presumption with respect to any fact, it has the
following consequences:
(1) if there is sufficient evidence of the facts that
give rise to the ___________, the issue of the existence of the
presumed fact must be submitted to the jury, unless the court is
satisfied that the evidence as a whole clearly precludes a finding
beyond a reasonable doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted
to the jury, the court shall charge the jury, in terms of the
presumption and the specific element to which it applies, as
follows:
(A) that the facts giving rise to the presumption
must be proven beyond: "__ ________ _____ ";
(B) that if such facts are proven beyond a
reasonable doubt the jury may find that the element of the offense
sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the
existence of such element, the state must prove beyond a reasonable
doubt each of the other elements of the offense charged; and
(D) if the jury has a reasonable doubt as to the
existence of a fact or facts giving rise to the presumption, the
presumption fails and the jury shall not consider the presumption
for any purpose.
Presumption

A Reasonable Doubt
OBJECTIVES OF CODE. The general purposes of
this code are to establish a system of ____________, _________, and
__________ _________ to deal with conduct that unjustifiably and
inexcusably causes or threatens harm to those individual or public
interests for which state protection is appropriate.
Prohibitions, Penalties, and Correctional Measures
The provisions of this penal code are intended, and shall be construed, to
achieve the following objectives:
(1)to insure the public ______ through: (A)the deterrent influence of the penalties hereinafter provided;
(B)the ______________ of those convicted of violations of this code; and
(C)such __________ as may be necessary to prevent likely recurrence of criminal behavior;
(2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation; (3) to prescribe _________ that are proportionate to
the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders; (4) to safeguard conduct that is without guilt from
condemnation as criminal; (5) to guide and limit the exercise of "________
__________" in law enforcement to prevent arbitrary or oppressive
treatment of persons suspected, accused, or convicted of offenses;
and (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
Safety
Rehabilitation
Punishment
Penalties
Official Discretion
§ 1.03. EFFECT OF CODE. (a) Conduct does not
constitute an offense unless it is defined as an offense by _______,
_________ _________, order of _ ______ _____________ _____, or rule
authorized by and ________ _______ under a statute.
Statute
Municipal Ordinance
Order of a County Commissioners Court
or
Lawfully adopted
The penal code does not bar, suspend, or otherwise affect a
right or liability to _______, _______, __________, or other remedy
authorized by law to be _________ or _________ in a civil suit for
conduct this code defines as an offense, and the civil injury is not
merged in the offense.
Damages
Penalty
Forfeiture
or
recovered or enforced
TERRITORIAL JURISDICTION. (a) This state has ____________ over an offense that a person commits by his own
conduct or the conduct of another for which he is criminally
responsible if:
(1)either the conduct or a result that is an element of the offense occurs inside this state; (2)the conduct outside this state constitutes an
attempt to _______ an offense inside this state; (3) the conduct outside this state constitutes a __________ to commit an offense inside this state, and an act in furtherance of the __________ occurs inside this state; or
(4) the conduct inside this state constitutes an _______, ____________, or __________ to commit, or ___________
criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
Jurisdiction
Commit
Conspiracy

Attempt,Solicitation, or Conspiracy or
Establishes
If the body of a ________ ________ victim is found in this state, it is
presumed that the _____ occurred in this state. If death alone is
the basis for jurisdiction, it is a defense to the exercise of
____________ by this state that the conduct that constitutes the
offense is not made criminal in the jurisdiction where the conduct
occurred.
Criminal Homicide

Death

Jurisdiction
An offense based on an ________ to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of
the offense. This state includes the ____ and _____ and the ___ space
above the land and water over which this state has power to define
offenses.
Omission

land
water
air
1.06. COMPUTATION OF AGE. A person attains a
specified age on the day of the ___________ of his birthdate.
Anniversary
§7.01. Parties to offenses.
(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is "__________ ___________, or by both.
(b) Each party to an offense may be charged with commission
of the offense.
(c) All traditional distinctions between ___________ and __________ are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.
Criminally Responsible

Accomplices and Principals
§7.02. Criminal responsibility for conduct of another.
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of ___________ required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he ________, __________, _______, ____, or ________ to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a __________ effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in "__________" of the unlawful purpose and was one that should have been
anticipated as a result of the carrying out of the conspiracy.
1. culpability
2. solicits, encourages, directs, aids, or attempts
3. reasonable

furtherance
§7.03. Defenses excluded.
In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its
commission, and it is "___" defense:
(1) that the actor belongs to a class of persons that by definition of the offense is legally _________ of committing the offense in an individual capacity; or
(2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is ______ from prosecution.
NO

incapable

immune
§7.21. Definitions.
In this subchapter: (1) "_____" means a director, officer, employee, or other
person authorized to act in behalf of a corporation or association.
(2) "____ __________ _____" means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.
Agent

High managerial agent
7.22 (a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment, the corporation or association is __________ responsible for an offense defined:
criminally
§7.23. Criminal responsibility of person for conduct in behalf of
corporation or association.
(a) An individual is __________ responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.
(b) An agent having primary responsibility for the discharge
of a duty to act imposed by law on a corporation or association is
criminally responsible for ________ to discharge the duty to the same
extent as if the duty were imposed by law directly on him.
(c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation or association, he is subject to the sentence authorized by law for an individual convicted of the offense.
criminally

omission
§7.24. Defense to criminal responsibility of corporation or
association.
It is an ___________ defense to prosecution of a corporation or
association under Section 7.22(a)(1) or (a)(2) that the high managerial
agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
affirmative
§8.01. Insanity.
(a) It is an ___________ defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
(b) The term "mental disease or defect" does not include an abnormality manifested only by ________ criminal or otherwise antisocial conduct.
affirmative

repeated
§8.02. Mistake of fact.
(a) It is a "_______" to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of ___________ required for commission of the offense.
(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
defense

culpability
§8.03. Mistake of law.
(a) It is no defense to prosecution that the actor was "________" of the provisions of any law after the law has taken effect.
(b) It is an ___________ defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
(c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
ignorant

affirmative
§8.04. Intoxication.
(a) Voluntary intoxication does not constitute a _______ to the commission of crime.
(b) Evidence of _________ ________ caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by ____________, the court shall charge the jury in accordance with the
provisions of this section.
(d) For purposes of this section "____________" means
disturbance of mental or physical capacity resulting from the
introduction of any substance into the body.
a. defense

b. temporary insanity

c. intoxication

d. "intoxication"
§8.05. Duress.
(a) It is an ___________ defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by ______ of imminent death or serious bodily injury to himself or another.
(b) In a prosecution for an offense that does not constitute a felony, it is an ___________ defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
(c) __________ within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (d) The defense provided by this section is unavailable if the
actor _____________, _________, or __________ placed himself in a situation in which it was probable that he would be subjected to compulsion.
(e) It is no defense that a person acted at the command or persuasion of his ______, unless he acted under compulsion that would establish a defense under this section.
a. affirmative
threat

b. affirmative

c. compulsion

d. intentionally, knowingly or recklessly

e. spouse
§8.06. Entrapment.
(a) It is a _______ to prosecution that the actor engaged in the conduct charged because he was "________" to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an
opportunity to commit an offense does not constitute __________.
defense

induced

entrapment
Text Transportation Code
§729.001. Operation of motor vehicle by minor in violation of traffic laws; offense.
(a) A person who is younger than
"___" years of age commits an offense if the person operates a motor vehicle on a public road or highway, a street or alley in a municipality, or a public beach in olation of any traffic law of this state.
17
§8.07. Age affecting criminal responsibility.
A person may not be prosecuted for or convicted of any offense that the person committed when younger than "___" years of age except:
(1) _______ and __________ _______ when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;
15

1. perjury and aggravated perjury
§9.01. Definitions.
In this chapter:
(1) "_______" under arrest by a peace officer or under restraint by a
public servant pursuant to an order of a court of this state or another state of the United States; under restraint by an agent or employee of a facility
that is operated by or under contract with the United States and that
confines persons arrested for, charged with, or convicted of criminal
offenses.
Custody
9.01 Definitions
"______" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent
sentence, but does not include a violation of conditions of community
supervision or parole other than conditions that impose a period of
confinement in a secure correctional facility.
Escape
9.01 Definitions
"______ _____" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
Deadly force
§9.03. Confinement as justifiable force.
"___________" is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.
Confinement
§9.04. Threats as justifiable force.

The ______ of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an ____________ that he will use deadly force if necessary, does not
constitute the use of deadly force.
threat

apprehension
§9.05. Reckless injury of innocent third person.
Even though an actor is _________ under this chapter in threatening
or using force or deadly force against another, if in doing so he also
recklessly _______ or _____ an innocent third person, the justification
afforded by this chapter is unavailable in a prosecution for the reckless
injury or killing of the innocent third person.
justified

injures or kills
§9.06. Civil remedies unaffected.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a
_____ suit.
civil
§9.22. Necessity.
Conduct is justified if:
The actor reasonably believes the conduct is ___________ necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of ______________, the harm sought to be prevented by the law proscribing the conduct; and
(3) a ___________ purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
immediately

reasonableness

legislative
§9.31. Self-defense.
(a) Except as provided in Subsection (b), a person is _________ in using force against another when and to the degree he reasonably believes the force is ___________ necessary to protect
himself against the other's use or attempted use of unlawful force.
justified

immediately
9.31 Self-Defense
The use of force against another is not justified:
(1) in the response to "______" provocation alone;
(2) to resist an ______ or ______ that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
(3) if the actor _________ to the exact force used or attempted by the other;
(4) if the actor ________ the other's use or attempted use of unlawful force,
1. verbal
2. arrest or search
3. consented
4. provoked
9.31 Self-Defense
Use of force against another is not justified:
If the actor provoked the others use or attempted use of unlawful force unless;
(A) the actor ________ the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor.
A. abandons
9.31 Self-Defense
If the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a ______ in violation of Section 46.02; or
(B) __________ or transporting a weapon in violation of Section 46.05.
weapon

possessing
9.31 Self-Defense
The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any __________, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of _______ force than necessary.
1. resistance

2. greater
9.32 Deadly force in defense of person
(a) A person is justified in using deadly force against another:
(1) if he would be justified in using force against the other under Section 9.31;
(2) if a reasonable person in the actor's situation would not have _________; and
(3) when and to the degree he reasonably believes the deadly
force is ___________ necessary:
(A) to _______ himself against the other's use or attempted use of unlawful deadly force; or
(B) to _______ the other's imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
__________ of the actor.
2. retreated
3. immediately
a. protect
b. prevent

habitation
§9.33. Defense of third person.
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be _________ under Section 9.31 or 9.32
in using force or deadly force to protect himself against the unlawful
force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his ____________ is immediately necessary to protect the third person.
1. justified

2. intervention
9.34. Protection of life or health.
(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing ________ or inflicting serious bodily injury to himself.
(b) A person is _________ in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the
other's life in an emergency.
a. suicide

b. justified
§9.41. Protection of one's own property.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to _______ or _________ the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force ___________ or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
a. prevent or terminate

b. immediately
9.42. Deadly force to protect property.
A person is justified in using deadly force against another to protect ____ or ________, _______ property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
land or tangible, movable
9.43. Protection of third person's property.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a _____ person if, under the Circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes _________ or ___________ theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A)the third person has _________ his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to _______ is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
THIRD

1. attempted or consummated

2.A. requested


2.C. protect
9.44. Use of device to protect property.
The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, _____ or _______ ______ injury; and
(2)use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he ________ the device.
1. death or serious bodily injury

2. installs
9.51. Arrest and search.
A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force
is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest if:
SEE PENAL CODE SECTION 9.51 FOR ALL DETAILS.
9.52. Prevention of escape from custody.
The use of force to prevent the escape of an arrested person from custody is ___________ when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including ______ _____, that he
reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.
justifiable

deadly force
9.53. Maintaining security in correctional facility.
An officer or employee of a correctional facility is justified
in using _____ against a person in custody when and to the degree the
officer or employee reasonably believes the force is necessary to ________ the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional
facility, or his own safety or security.
force

maintain
9.61. Parent - child.
(a) The use of force, but not deadly force, against a child younger than "___" years is justified:
(1) if the actor is the child's parent or stepparent or is acting in ____ ________ to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to __________ the child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
18

1. loco parentis

2. discipline
9.62. Educator - student.
The use of force, but not deadly force, against a person is justified:
(1) if the actor is entrusted with the ____, ___________, or ______________ of the person for a special purpose; and
(2)when and to the degree the actor reasonably believes the force is necessary to further the _______ purpose or to maintain discipline in a group.
1. care, supervision, or administration

2. special
9.63. Guardian - incompetent. The use of force, but not deadly force, against a mental incompetent is justified:
(1)if the actor is the incompetent's ________ or someone similarly responsible for the general care and supervision of the incompetent; and
(2) when and to the degree the actor reasonably believes the force is necessary:
(A) to _________ and _______ the incompetent's welfare; or
(B) if the incompetent is in an institution for his care and custody, to maintain __________ in the institution.
1. guardian

A. safeguard and promote

B. discipline
12.03. Classification of misdemeanors.
(a) Misdemeanors are classified according to the relative
seriousness of the offense into three categories:
(1)Class __ misdemeanors;
(2)Class __ misdemeanors;
(3)Class __ misdemeanors.
(b)An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.
(c)Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.
A
B
C
12.04. Classification of felonies.
(a)Felonies are classified according to the relative seriousness of the offense into five categories:
(1)_______ ________;
(2)felonies of the _____ degree;
(3)felonies of the ______ degree;
(4)felonies of the _____ degree; and
(5)_____ ____ felonies.
(b)An offense designated a felony in this code without specification as to category is a state jail felony.
1. capital
2. first
3. second
4. third
5. state jail
12.21. Class A misdemeanor.
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $_____;
(2) confinement in jail for a term not to exceed ____ year; or
(3) both such ____ and ___________.
1. $4,000

2. one

3. fine and confinement
12.22. Class B misdemeanor.
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $_____;
(2) confinement in jail for a term not to exceed ____ days; or
(3) both such fine and confinement.
1. $2,000

2. 180
12.23. Class C misdemeanor.
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $____.
$500
12.31. Capital felony.
(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for ____ or by _____. An individual adjudged guilty of a capital felony in a case in which the
state does not seek the death penalty shall be punished by ____________ in the institutional division for life.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or death is _________ on conviction of a capital felony. In a capital felony trial in which the state does not seek
the death penalty, prospective jurors shall be informed that the state
is not seeking the death penalty and that a sentence of life imprisonment is mandatory on conviction of the capital felony.
life or by death

imprisonment

mandatory
12.32. First degree felony punishment.
(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or
for any term of not more than ___ years or less than ___ years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $_______.
99 years

5 years

$10,000
12.33. Second degree felony punishment.
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than ___ years or less than ___ years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $_______.
20 years

2 years

$10,000
12.34. Third degree felony punishment.
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than ___ years or less than ___ years.
(b) In addition to imprisonment an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $______.
10 years

2 years

$10,000
12.35. State jail felony punishment.
(a)Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by
confinement in a state jail for any term of not more than ___ years or
less than ___ days.
(b) In addition to confinement, an individual adjudged guilty
of a state jail felony may be punished by a fine not to exceed $______.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a ______ ______ as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the
individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any ______:
(A) listed in Section 3g(a)(1), Article 42.12, Code of
Criminal Procedure; or
(B) for which the judgment contains an affirmative finding
under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
2 years

180 days

10,000

1. deadly weapon

2. felony
12.41. Classification of offenses outside this code.
For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:
(1) "felony of the _____ degree" if imprisonment in a penitentiary is affixed to the offense as a possible punishment;
(2) "Class ___ misdemeanor" if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment;
(3) "Class ___ misdemeanor" if the offense is punishable by fine only.
1. third

2. B

3. C
Text
§12.42. Penalties for repeat and habitual felony offenders.
See Penal Code Section 12.42
_______ __________ means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm,
bodily injury, assault, or sexual assault or that is a threat that
reasonably places the individual in fear of imminent physical harm,
bodily injury, assault, or sexual assault, but does not include
defensive measures to protect oneself.
Dating Violence
For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the persons
involved in the relationship.
(c) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a "dating relationship"
under Subsection (b).
§71.003. Family.
"Family" includes individuals related by ___________ or __________, 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. (Added by L.1997, chap.
Consanguinity or Affinity
_________ means a unit composed of persons living together
in the same dwelling, without regard to whether they are related to
each other. (Added by L.1997, chap. 34(1), eff. 5/5/97.)
Household
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;
Family Violence
Text
Art. 5.03. Family or household relationship does not create an
exception to official duties.† [Domestic violence: family or
household relationship no exception.]

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. A peace officer's
or a magistrate's duty to prevent the commission of criminal offenses,
including acts of family violence, is not waived or excepted because
of a family or household relationship between the potential violator
and victim.
Info only
Art. 5.04. Duties of peace officers.† [Peace officers: duties.]
(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 ARREST
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 _____ ______ and remedies and of the
availability of _______ or other community services for family
violence victims.
LEGAL RIGHTS

SHELTER
Art. 5.045. Standby assistance; liability.
(a) In the discretion of a peace officer, the officer may
stay with a victim of family violence 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.
(b) A peace officer who provides assistance under Subsection
(a) of this article is not:
(1) civilly 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
(2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
INFO ONLY
Art. 8.01. Officer may require aid.† [Officer may request
assistance.]
When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command as many of the
________ of his county as he may think proper; and the sheriff may call any ________ ________ in the county to aid him in overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in such resistance.
CITIZENS

MILITARY COMPANY
Art. 8.02. Military aid in executing process.† [Military aid to
overcome resistance.]
If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable the sheriff to execute process, he may, on application, order any military company of volunteers or militia company from another county to aid in overcoming such resistance.
INFO ONLY
Art. 8.03. Military aid in suppressing riots.† [Suppression of
riots: military assistance.]
Whenever, for the purpose of suppressing riots or unlawful
assemblies, the aid of military or militia companies is called, they
shall obey the orders of the civil officer who is engaged in suppressing the same.
INFO ONLY
Meaning of "having a mental illness."
For purposes of this chapter, a child who is described as having a mental illness means a child who suffers from mental illness as defined by Section 571.003, Health and Safety Code. (Repealed and
added by L.1999, chap. 1477(14), eff. 9/1/99.)
INFO ONLY
Mental health and mental retardation jurisdiction.
For the purpose of initiating proceedings to order mental
health or mental retardation services for a child or for commitment of
a child as provided by this chapter, the juvenile court has jurisdiction of proceedings under Subtitle C or D, Title 7, Health and Safety Code. (Added by L.1999, chap. 1477(14), eff. 9/1/99.)
INFO ONLY
Standards of care.
(a) Except as provided by this chapter, a child for whom
inpatient mental health services is ordered by a court under this
chapter shall be cared for as provided by Subtitle C, Title 7,
Health and Safety Code.
(b) Except as provided by this chapter, a child who is committed by a court to a residential care facility for mental retardation shall be cared for as provided by Subtitle D, Title 7,
Health and Safety Code.
INFO ONLY
§30.01. Definitions.
In this chapter:
(1) "__________" means a structure or vehicle that is adapted
for the overnight accommodation of persons, and includes:
Habitation
§30.01. Definitions.
In this chapter:
(1) "__________" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
Habitation
PC
(2) "________" means any enclosed structure intended for use
or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Building
PC
3) "_______" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as
are classified as "habitation."
Vehicle
CCP 8.09. Power of special constable.† powers.]
Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to _____ ________.
Peace Officers
CCP 14.01. Offense within view.† [Crime committed within view of
peace officer.] 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 ______ _____.
Felony

Public Peace
CCP 14.01. Offense within view.† [Crime committed within view of
peace officer.]
A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
Info Only
CCP 14.02. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the
view of a __________, and such __________ verbally orders the arrest
of the offender.
Magistrate
CCP. 14.04. When felony has been committed.†
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
Info Only
CCP 14.05. Rights of officer.
In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a
warrant may not enter a residence to make the arrest unless:
(1) ____________________
(2) ____________________
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
CCP 14.051. Arrest by peace officer from other jurisdiction.
A peace officer commissioned and authorized by another state to make arrests for felonies who is in _____
_____ of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.
In this article, "_____ _______" means a pursuit without unreasonable delay by a peace officer of a person the officer
reasonably suspects has committed a felony.
Fresh Pursuit
CCP
Enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person arrested
or have him taken without unnecessary delay, but not later than _____
hours after the person is arrested, before the magistrate who may have
ordered the arrest, before some magistrate of the county where the
arrest was made without an order.
48 Hours
CCP
A peace officer who is charging a person, including a child, with committing an offense that is a ______ misdemeanor, other than an offense under Section 49.02 (PI), Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.
Class C
CCP
A "_______ of ______" 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
CCP 15.02. Requisites of warrant.† [Requirements 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:
1.
2.
3.
1.It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2.It must state that the person is accused of some offense against the laws of the State, naming the offense.
3.It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
CCP 15.03. Magistrate may issue warrant or summons.
A magistrate may issue a warrant of arrest or a summons:
1.
2.
3.
1. In any case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
3. In any case named in this Code where he is specially authorized to issue warrants of arrest.
CCP 15.00 A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by
delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons a warrant shall be issued.
Info Only
CCP
The affidavit made before the magistrate or district or county
attorney is called a "_________" if it charges the commission of an
offense.
Complaint
CCP 15.05. Requisites of complaint.† [Requirements of complaint.]
The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1.
2.
3.
4.
1.It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2.It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has
committed such offense.
3.It must state the time and place of the commission of the offense as definitely as can be done by the affiant.
4.It must be signed by the affiant by writing his name or affixing his mark.
CCP 15.06. Warrant extends to every part of the state.† [Warrant
valid throughout state.]
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.
Info Only
CCP When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:
1.It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State; or
2.If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county. The endorsement may be: "Let this warrant be executed in the county of _____________". Or, if the endorsement is made by a judge of a court of record, then the endorsement may be: "Let this warrant be executed
in any county of the State of Texas". Any other words of the same meaning will be sufficient. The endorsement shall be dated, and signed officially by the magistrate making it.
Info Only
CCP 15.08. Warrant may be telegraphed.† [Warrant issued by
telegraph.] A warrant of arrest may be forwarded by telegraph from any
telegraph office to another in this State. If issued by any magistrate named in Article 15.06, the peace officer receiving the same shall execute it without delay. If it be issued by any other magistrate than is named in Article 15.06, the peace officer receiving the same shall proceed with it to the nearest magistrate of his county, who shall endorse thereon, in substance, these words:
"Let this warrant be executed in the county of ______________", which endorsement shall be dated and signed officially by the magistrate making the same.
Info Only
CCP 15.09. Complaint by telegraph.† A complaint in accordance with Article 15.05, may be telegraphed, as provided in the preceding Article, to any magistrate in the State; and the magistrate who receives the same shall
forthwith issue a warrant for the arrest of the accused; and the
accused, when arrested, shall be dealt with as provided in this Chapter in similar cases.
Info Only
G.O.
No more than ____ Austin Police officers, uniformed or plainclothes, who are identifiable as police officers by the wearing or the carrying of firearms, badges, police radios, insignias, or any article of clothing identifying them as police officers, will congregate in a public place except when required by official police duties or as authorized by a supervisor.
Four (4)
G.O.
Except as necessary to perform assigned tasks or as authorized by a supervisor, the following restrictions apply to the number of marked APD police units parked in a parking lot or near a public place at any one time:
(i) No more than ____ between the hours of 6:00am and 10:00pm, daily;
(ii) No more than ____ between the hours of 10:00pm and 6:00am, daily.
two (2)

four (4)
G.O.
______ is defined as any physical action that causes apparent injury, or causes a person to complain of pain or injury
force
G.O.
________ ______ is any force capable of causing death or serious bodily harm.
Deadly Force
G.O.
Officers should be ever mindful that they have a responsibility to use _______, _____ _________, and ___ ____ when operating vehicles in an emergency capacity to ensure the safety of motorists and pedestrians.
Caution
Good Judgement
and
Due Care
G.O. Uniform Traffic Enforcement
The public will accept a rigid enforcement program if applied __________ and ____________.
impartially and intelligently
G.O.
If an officer writes a ticket (all or in part) and determines that the ticket needs to be voided, the officer will write a brief description/reason for the void on the back of the ticket and turn it in to the supervisor at the end of shift. Supervisors receiving these voided tickets will maintain them in the officer's file for a period of ___ days, after which the tickets may be destroyed.
90
G.O. Vehicle Pacing Citations
A ___-block minimum (except in school zones) is required to achieve an accurate measurement of speed.
two (2)
G.O.Tolerances for Speeding Violations -- Radar and Vehicle Pace
Over Limit -- Posted Speed Zone – may allow at least ___ mph in excess of the specified speed. Cite at ___ mph or greater over the limit.
9 mph

10 mph
G.O. Over Limit -- School Zones – should allow ___ mph in excess of the specified speed. Cite at ___ mph or greater, unless facts, circumstances or conditions would justify enforcement at a lower speed.
4 mph

5 mph
G.O. Traffic Control Devices
No citations will be issued for a ___ day period after installation of new signs, signals and devices. Exceptions would be when an accident occurs or when a violation is committed under aggravated circumstances.
3
G.O. A citation will be issued for no seat belt if the person is riding in the front seat of a passenger car or light truck traveling on the roadway and is not secured by a safety belt.
Cite the person in violation if he/she is ___ years of age or older.
15
G.O. A person is not in violation of the state seatbelt laws if they fall into one or more of the following five examples:
1. Note from a Doctor
2. US Postal Employee
3. Delivery of Newspapers
4. Utility Company and reading meters
5. Operating Farm Vehicle
G.O A citation will be issued to the driver for no seat belt-unrestrained child if the child is riding in any seat of a passenger vehicle traveling on the roadway and is not secured by a safety belt or child restraint seat.
Cite the driver if the child is:
at least ___ years of age but younger than ___ years of age; or
is younger than (5) years of age and at least ___ inches in height.
5
17
36 inches
G.O. A citation will be issued to the driver of a passenger car or light truck if he/she is transporting:
A child who is younger than ___ years of age or less than ___ inches in height, and does not keep the child secured during the operation of the vehicle in a child passenger safety system according to the instructions of the manufacturer of the safety seat system.
4

36 inches
G.O. A person is not in violation of the Child Seatbelt Laws section, if one of the following is met:
1.
2.
3.
4.
1. All seating positions equipped are occupied
2. Riding in a taxicab
3. Riding in a bus
4. Or other vehicle for hire
G.O. Riding in Open Beds
Cite the driver if he/she is transporting a child/children in the back of an open-bed pickup or open flatbed trailer when the child is younger than ___ years of age and is occupying the bed of the truck or trailer.
Include the name(s) and DOB(s) of the child/children on the citation.
18
G.O. Altered or Fictitious Driver’s License
It is a Class ___ misdemeanor when a person displays an altered or fictitious (TC 521.451) driver’s license.
Class B
G.O.
Violation of Occupational DL
The driver is required to have in possession both the DL and a copy of the ____ ______.
Violation is a Class ___ misdemeanor.
Court Order

Class B
G.O. Failure to Maintain Financial Responsibility
According to Texas Transportation Code, Section 601.053, evidence of financial responsibility is shown by proof of one of the following:
1. An insurance policy;
2. An insurance form;
3. An insurance binder;
4. A letter from DPS acknowledging receipt of a bond, a certificate of deposit of money, or securities in the minimum amount of $55,000;
5. A certificate of self-insurance issued by DPS;
6. A Railroad Commission cab card; or
7. Other evidence, which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.
Info Only
Investigations will determine the type of charge by the following:
1. Class __ misdemeanor if the pecuniary loss is less than two hundred dollars ($200).
2. Class __ misdemeanor if the pecuniary loss is more than two hundred dollars ($200).
3. Cases will be filed if intent to evade responsibility is shown, and all necessary elements can be proven.
Class C

Class B
Evading -- Vehicle is a _______ felony. (See Penal Code, 38.04).
Enhance charge to a _____ felony if the driver has been previously convicted for evading.
State Jail

3rd Degree
G.O.
"___________" When a driver should have known that his/her actions put him/herself or others in situations where serious bodily injury or death could have occurred:
Reckless Driving
G.O. Possession of Alcoholic Beverage in a Motor Vehicle is a Class ___ misdemeanor
The violation must be observed by a police officer.
Class C
G.O. Fictitious/Altered Vehicle Registration is a Class ___ misdemeanor
Class B
G.O. What level of traffic violation is the following:
1. Wrong Plate
2. Different Seal
Class C
G.O. Fictitious/Altered Vehicle Inspection Sticker is a Class ___ misdemeanor.
A custody arrest will be made when a person displays an inspection sticker knowing the sticker is counterfeit, tampered with, altered, fictitious, or issued for another vehicle.
Class B
G.O. Wrecker violations are commonly divided into two categories:
1.
2.
1. equipment violations
and
2. ordinance violations
G.O.
f. All category A and B wreckers are required to be equipped with __ orange traffic cones, or __ flares, or __ red emergency reflectors.
g. All category A and B wreckers are required to carry a __ lb. or two __ lb. fire extinquishers.
h. All category A and B wrecker are required to carry at least a __-foot wrecking bar.
f. 3,3,3

g. 10 lb. or two 5 lb

h. 3-foot
G.O. City Ordinance Violations
a. All drivers of category A and B wreckers must possess a valid City issued ___________________ to perform non-consent tows.
tow truck operator's license
G.O. Taxi Cab Ordinances
Permits are issued to authorized ground transportation operators.
Operators of authorized ground transportation vehicles who fail to display a valid permit issued by the City of Austin may be cited for “____________________.”
b. Operators who display an expired operator’s permit may be cited for “_______________________.”
Fail to Display Operating Authority Permit.
____________________________________

Display Expired Operating Authority Permit
G.O.
__________________: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.
Administrative License Revocation
G.O. Define
____: a drug recognition evaluation or a drug recognition expert.
DRE
State the APD Vision Statement:
We want Austin to be the safest city in America.
G.O. Definition: ____________________: the process the drug recognition expert uses to evaluate a suspect for the use of drugs by means of physical, clinical and psychological criteria.
Drug Recognition Evaluation
G.O. ___________________: personnel trained to predict which of the seven (7) drug categories is causing the impairment of a driver that is not under the influence of alcohol.
Drug Recognition Expert (DRE)
G.O.
_____________- not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having a blood alcohol concentration of 0.08 or more.
Intoxicated
G.O.
Standardized Field Sobriety Test (SFST)
If the officer is trained and certified in their administration, he will conduct the following standardized field sobriety tests:
(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.
G.O.
DWI Statutory Warning (DIC-__(1)
If the driver was operating a commercial vehicle and has a commercial license, the DIC-__(2) (Peace Officer Statutory Warning for Commercial Motor Vehicle Operators), DIC-__(3) (Peace Officer's Sworn Report), and DIC-__(4) (Notice of Disqualification) must be used.
1.DIC-24
2.DIC-55
3.DIC-54
4.DIC-57
G.O. Driving Under Influence (DUI Minor-Alcohol)
A. Officers who stop a vehicle and determine that the driver:
1. Is under age __; and
2. Has any detectable amount of alcohol on his/her breath;
3. But displays no characteristics of intoxication,
21
G.O. Consular and Diplomatic Personnel
Foreign consular officials enjoy varying degrees of immunity from arrest, which includes traffic violations/citations. (See Department policy on Arrest Procedures). Officers should be aware of the following:
A. Consular officials should carry an identification card issued by the United States Department of State.
B. Instructions on immunity printed on the reverse side of the identification card will guide the officer’s decision to arrest/cite or detain the person.
C. If an officer arrests/cites an individual who claims diplomatic immunity, but who cannot produce an identification card, the officer should contact the Department of State at (202) 647-1985 from 8a.m. to 5p.m. Eastern Time and (202) 647-2412 at all other times.
Info Only
G.O.
Equipment for Traffic Direction
REQUIRED: four things?
approved headgear
whistle
reflective traffic vest
low light (flashlight with cone)
G.O.
Officers dealing with persons must be aware of the type of contact in which they are engaged, and its legal significance. There are three types of duty-related contacts with persons made by police officers. In terms of legal significance, they are arranged from least to most intrusive as follows:
A
B.
C.
A. Interviews
B. Stops; and
C. Arrests
G.O. Subject Stops:
Stops are "seizures" under the Fourth Amendment. An officer may stop and question a person when the officer has reasonable suspicion that the person may be involved in past, present or future criminal activity. Reasonable suspicion is less than the probable cause needed for an arrest or search.
Info Only
G.O.
Officers executing a lawful stop should be aware that if the person flees, he/she is "evading detention," which is at least a Class __ misdemeanor under the provisions of the Texas Penal Code, Section 38.04.
Class B
G.O. (Subject Stops) When attmepting to
verify their identification. Persons are not required to identify themselves unless they are under arrest; however, if they are legally detained and choose to identify themselves, they must do so accurately.
Info Only
G.O.
Officers need not inform a suspect of his/her "Miranda" rights if the interview remains brief, casual, relatively neutral, and non-coercive. Oral statements/confessions made in "______________" interviews, where the subject is free to leave, are admissible if the statement is given voluntarily and not as a result of coercion, threats, or promises of any kind.
Non-Custodial
G.O.
When questioning begins to focus on the person stopped, becoming an accusatory interrogation regarding a specific offense, personnel will inform the person of his/her Miranda rights and treat the remainder of the interview as a "___________" interrogation.
Custodial
G.O.
No written statement/confession made by an adult as a result of "_________" interrogation is admissible as evidence unless the suspect is first administered the statutory warning and knowingly, intelligently, and voluntarily waives those rights.
Custodial
List the Nine (9) Types of Searches:
1. Protective Frisks
2. Search Incendital to Lawful Arrest
3. Probably Cause
4. Exigent Circumstances
5. Consent
6. Plain View
7. Inventories
8. Search Pursuant to a Valid Warrant
9. Strip/Body Cavity Searches
G.O.
Officers will prepare a probable cause affidavit/complaint and direct file each charge, felony or misdemeanor unless the detail detective decides that further investigation is required on a felony charge. In that case, the detective will follow up and file appropriate charges within the __-hour time period.
48 hour
G.O.
When arrested persons have a child less than __ years of age in their care, custody and control at the time they are arrested, it is the responsibility of the arresting officer and the immediately available supervisor to ensure the safe placement of the child.
17 years of age
G.O. Definition of a Child
A. The Texas Family Code defines a child as a person who is:
1. ___ years of age or older and under ___ years of age; or
2. Seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision because of acts committed before becoming ___ years of age.
1. 10/17

2. 17
G.O. Types of Juvenile Offenses
There are two classifications of offenses for juveniles:
1. ___________ Offense -- a crime against a person and/or property, which is the same offense as if committed by an adult.
B. _________ Offense -- conduct that would not, under state law, be a criminal offense if committed by an adult (e.g. runaway, curfew violation).
1. Criminal Offense

2. Status Offense
G.O.
The confidentiality of names of juveniles and their records is mandated by state law. The
following guidelines will be strictly followed:
A. The names of juvenile offenders will not be released to the news media or any other person not involved in the judicial or diversion process.
Info Only
G.O. A juvenile defendant or juvenile suspect shall not be named in any public document, including an affidavit for an ______ warrant involving an adult co-defendant or in an affidavit for a ______ warrant. However, there may be times when an investigator believes that naming a juvenile in the affidavit is essential. In those cases, an assistant district attorney assigned to juvenile court should be contacted in order that alternatives (other than naming the juvenile) can be explored.
arrest/search
G.O. Information on juveniles collected during the course of business may be released/disseminated under the following circumstances:
1. Information required to be collected for the "juvenile justice information system" will be forwarded to the Department of Public Safety;
2. Information compiled during investigation of a criminal combination may be released to other criminal justice agencies or any court having jurisdiction over a child;
3. Information concerning missing children may be entered into NCIC; and
4. Information concerning children adjudicated of sexual offenses and required to register with the Department as sex offenders will be forwarded to the Department of Public Safety.
Info Only
G.O. Physical files and records concerning juveniles shall not be open to public inspection, and shall be open to inspection only by a ________ justice agency or ________ justice agency. If an investigator believes obtaining a warrant for the arrest of a juvenile offender is necessary the investigator will present the probable cause affidavit and arrest warrant to a magistrate for approval and signature. The municipal court clerk currently issues the warrant a “J” number but will not retain the affidavit or warrant on file. The investigator will retain the original and all copies of the affidavit and warrant to be forwarded to the juvenile court.
Juvenile Justice
or
Criminal Justice
G.O. An affidavit for a search warrant on a juvenile offender should be submitted to a ________ court judge to obtain the search warrant. Record of the search warrant will be retained by the juvenile court.
juvenile court
G.O. All juvenile arrest files and records, when not in use, shall be secured in the ________________ Unit. Under no circumstances will juvenile arrest records be mingled with adult records.
Missing Persons/Juvenile Investigations
Unit
G.O. Detention vs. Custody
A child is considered "in custody" when he/she would be considered "under arrest" if the child was an adult. A detention situation exists when an officer detains a child for a short period for investigative purposes.
Info Only
G.O. In contrast to detention situations, the law requires that a child's parents/guardians be promptly notified when the child is in police custody. It is the responsibility of the ________________ to make this notification or arrange for notification to be made by Juvenile Court personnel.
arresting officer
G.O. At times, the Gardner-Betts and Lott Juvenile Detention Centers may need assistance from the transporting officer when a parent/guardian cannot be contacted by phone. When this occurs, the officer will ensure that the incident report contains the following information:
a. What methods were used to make contact (e.g. went to home address, tried parent’s work address, etc.);
b. The time that each attempt was made, and whether or not the attempt was successful;
c. When contact was finally successful;
d. The identity of the person notified;
e. If a message was left at the child's home, the name of the person with whom the message was left.
Info Only
G.O. In place of taking a child into custody, state law allows a law enforcement officer to issue a field release citation for a traffic offense or an offense, other than __________ or ___________ punishable by fine only.
Public Intoxication
or
POM
G.O. Regarding the arrest of juveniles
Officers are encouraged to contact the __________________ Unit for advice regarding the probable cause for arrest, the type of charge, disposition of the juvenile, or to provide any other assistance needed.
Missing Persons/Juvenile Investigations Unit
G.O. Juveniles
Class C Misdemeanors, Fineable-Only Offenses, Status Offenses
1. All Class C misdemeanors (except Public Intoxication – Texas Penal Code 49.02e) are punishable by fine only and fall under the jurisdiction of _________Court. Juveniles who commit Class C misdemeanors will be issued misdemeanor citations and given a flyer from the ______________ Center.
1. Municipal Court

Youth Diversion Center
G.O. Public Intoxication "juveniles"
Juveniles taken into custody for public intoxication may be transported to Gardner-Betts, released to a parent/guardian or, if necessary, transported to a medical facility for emergency medical treatment, whichever action is most appropriate considering the child's physical condition and the facts of the case. The child ________ be issued a misdemeanor citation.
WILL NOT!!
G.O. Driving under Influence – Juvenile
When a juvenile is stopped and cited for driving under the influence, he/she will not be allowed to drive the vehicle from the scene.
Disposition of the vehicle will be made in one of the following ways:
(i)Release the vehicle at the scene to a licensed, sober passenger.
(ii)Contact a parent or other adult to come to the scene and assume custody of the juvenile/vehicle.
(iii)Secure the vehicle and transport the juvenile home.
(iv)If none of the above options are available (e.g. the juvenile is from out-of-town), the vehicle may be impounded and the juvenile arrested and transported to Gardner-Betts.
Info Only
G.O. Curfew Violations Daytime
If the child/juvenile is an AISD student, he/she will be returned to school, issued a _______ and a flyer from the ______________ Center, and released to school authorities.
citation

Youth Diversion Center
G.O. Curfew violations Daytime
If the child/juvenile is not an AISD student, he/she will be issued a citation and a flyer from the Youth Diversion Center. The officer will attempt to contact a parent or other responsible adult to respond to the scene and take custody of the child. If the officer is not able to contact a parent or responsible adult, and there are no circumstances, which make it unreasonable, the child/juvenile will be released and told to take the most direct route home.
Info Only
G.O. Nighttime Curfew Juveniles
Nighttime
Children/Juveniles violating the nighttime curfew ordinance will be issued a citation and a flyer from the Youth Diversion Center. The officer will attempt to contact a parent or other responsible adult to respond to the scene and take custody of the child/juvenile. If the officer is not able to contact a parent or responsible adult, he/she will follow general notification procedures as outlined in Department policy on Children in Custody of Arrested Persons.
Info Only
G.O. Juveniles found as runaways
Transporting
1. If the initial runaway report was made to any agency within Travis County, the child will be taken to __________.
2. If the runaway report was generated by an agency outside of Travis County, the child will be taken to __________.
1. Life Works

2. Gardner Betts
G.O. Documenting Found Runaways
1. If the original report was made to APD, a supplement will be written to the original report.
2. If the original report was made to an agency other than APD, a report will be initiated titled, “____________.”
1. supplement

2. "Recovered Runaway"
G.O. 4. Family Violence Offenses
If necessary to preserve the peace and eliminate the possibility of further violence, a juvenile may be taken into custody and transported to Gardner-Betts if he/she is involved in a family violence situation and commits a Class C misdemeanor offense such as “____________” or “____________” in the presence or view of a peace officer.
assault by contact

or

assault by threat
G.O.
No juvenile arrested for a Class ___ misdemeanor or above will be released to a parent/guardian unless he/she has been processed by one of the methods described in this section.
Class B
G.O. Juveniles arrested for the following offenses are not required to be processed:
1. Any _______ or directive to apprehend issued by TYC or Juvenile Court (e.g. probation violation warrants, escape from TYC warrants);
2. Any offense that occurred prior to _____________
3. Any Class ___ Misedmeanor or _______ offense.
1. Warrant

2. Jan 1, 1996

3. Class C/Status
G.O. Juveniles detained for offenses involving violence in Williamson County, who cannot otherwise be released or disposition made by other means, may be taken into custody and transported to the ______ Detention Center in Georgetown, Texas.
Lott
G.O. Felonies and Jailable Offenses for "juveniles"
1. A booking sheet is required on all Class ___ misdemeanors and above, regardless of whether the juvenile is actually booked into Gardner-Betts or Lott, or processed and released.
2. The arresting officer must fill out the booking sheet completely, filling in all blanks and fully describing the probable cause for arrest.
3. When a juvenile is booked into Gardner-Betts or Lott, a copy of the report will be left with intake personnel; this report may either be handwritten or printed from a laptop.
1. Class B
G.O. Runaways
1. A booking sheet "is" required if a recovered runaway is booked into Gardner-Betts or Life Works.
2. "No" booking sheet is required if a runaway is returned to a
parent/guardian. However, the name of the "adult" taking custody of the child must be documented in the report.
Info Only
G.O. Class C Misdemeanors "Juveniles"
The only way to file a Class C charge (except PI) is to issue a misdemeanor citation; no other paperwork is required.
Info Only
G.O. "Juvenile"
No booking sheet will be filled out on any Class C offense unless it is one of the following cases (____, ____, Class C ________________) where the child "can be" booked into Gardner-Betts or Lott for the Class C charge alone.
P.I.

DUI

Class C Family Violence
G.O. If an officer who books a juvenile into Gardner-Betts or Lott for a higher charge wishes to file an additional Class C charge, he/she "will" issue the juvenile a misdemeanor citation. The Class C charge will "NOT" be placed on the booking sheet.
Info Only
G.O. The following types of statements made by juvenile suspects are admissible as evidence under the Family Code:
1. __________ - spontaneous statements made by children may be used as if they were made by an adult.
2. Statements leading to the discovery of evidence - defined as oral statements of _____ or __________ that are true, which tend to establish the child's guilt, such as finding secreted or stolen property or the instrument with which the child states the offense was committed.
1. Res Gestae

or

2. fact or circumstances
G.O. Custodial Statements juveniles
1. A written confession by a child in custody, detention or confinement is admissible if, before giving the written confession, the child has been given the Miranda warning by a __________. This warning must be given out of the presence of police officers or prosecutors. An exception would be under circumstances when it is deemed necessary to have an officer present for the _____________'s protection. The written confession must be signed by the child in front of the ____________, also out of the presence of police officers or prosecutors unless necessary for the __________'s protection.
1. magistrate/magistrate's/Magistrate
Magistrate's
G.O. juveniles Oral Confessions
1. An "oral" confession by a child in custody, detention, or confinement is admissible if it is: _________________ and, before making the statement, the child receives the Miranda warning by a ____________ as described above and the warning is made part of the recording.
1. Recorded by an electronic recording device (tape recorder or video camera)

2. magistrate
G.O. Interrogations "juveniles"
An interrogation is the questioning of a juvenile who is suspected of a ______ or ________ offense.
1. On-scene Interrogation / Street interrogations should be avoided until after the juvenile can be processed unless it is absolutely necessary for the preliminary investigation. However, street interviews often present exigent circumstances that demand immediate action from the responding officer. Suspects, weapons and evidence may be lost if information is not immediately obtained. Officer safety, safety of the public, and the need to obtain basic information are considerations that patrol officers must deal with in making decisions regarding the street interrogation of a juvenile. The general rules of interrogation and admissibility of evidence apply to juveniles, with additional requirements existing for custodial interrogations.
status or criminal
G.O. Follow-up Interrogations "juveniles"
The Miranda warning administered by a ___________ must precede all custodial confessions.
magistrate
G.O. Custodial Interrogations of "juveniles"
The custodial interrogation of a juvenile may take place in two types of situations; the exact procedures to be followed vary depending on these two situations:
1. At a Juvenile Processing Office

2. When a Juvenile is Transported to Gardner-Betts or Lott
G.O. At a Juvenile Processing Office
The interrogation of a juvenile may take place at a juvenile processing office if the juvenile is transported there __________ after arrest. While at the juvenile processing office the guidelines of Family Code Section 52.025 must be strictly adhered to:
The child may not be left unattended.
The child is entitled to be accompanied by a parent, guardian, or attorney.
The child may not be detained in the juvenile processing office for longer than ___ hours.
Under normal circumstances, no more than ___ detectives should be actively engaged in the interrogation of the child.
immediately

six (6) hours

two (2) detectives
G.O. To interview a juvenile who has been booked into Gardner-Betts or Lott, APD must request the juvenile be returned to APD custody for an interrogation or other follow-up. Gardner/Betts or Lott personnel will rule whether the request will be granted.
a. Investigators will notify the Missing Persons/Youth Services Unit. A ___________ detective will help the investigator in the transfer of the juvenile back to APD custody and the subsequent warning and taking of a statement or confession.
b. When a Youth Services detective is "not" available, the investigator will call Gardner-Betts or Lott in advance to arrange for a custody transfer.
c. The interview does not have to take place in a juvenile processing office; it can be done in an interview room or detective’s office.
d. Upon completion of the interview/statement the juvenile must be returned to the custody of Gardner-Betts or Lott.
Youth Services detective
G.O. Non-custodial Interrogations
1. Juveniles are not in custody when they are voluntarily brought in by a ________ or ________. Therefore, no magistrates' warning is required prior to taking a confession under these circumstances.
1. parent or guardian
G.O. interrogation of "juvenile"
Officers should be aware of any factor that might negate the "non-custodial" status of the interrogation and affect the admissibility of the statements obtained. For example, giving a child a ride to the station, even if the child accompanied the officer voluntarily and with the consent of his/her parents, could be interpreted by the courts as an indication that the juvenile was "___________."
"IN CUSTODY"
G.O. Juveniles who have given "voluntary" non-custodial confessions will not be immediately taken into custody. They will be released to a parent/guardian. If probable cause for arrest is developed through the confession or otherwise, a juvenile warrant may be obtained. Failure to follow this procedure could taint the voluntariness of the confession.
Info Only
G.O. Fingerprints and Photographs
A. Except as listed in section D. below, juveniles may be photographed or fingerprinted only under the following circumstances consistent with provisions of the Family Code:
1. With ________ of the Juvenile Court (e.g. via a court order);
2. If the child is _____________ for conduct that is a felony, or a misdemeanor punishable by confinement in jail; or
3. If the child is not in custody and the child’s parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child.
1. consent

2. taken into custody
G.O. The fingerprints of a juvenile suspect in a criminal case where latent prints were obtained may be used for ____________ purposes only if the prints were obtained in a manner allowed by the Family Code.
comparison
G.O. The photograph of a juvenile suspected in connection with a criminal case where it is believed the photograph will help in the identification of the offender (e.g. a photo lineup) "may" be used "only" if it was obtained in a manner allowed by the Family Code unless it is ____________________.
"Publicly" available (such as in a school yearbook)
G.O. Restrictions on fingerprinting/photographing juveniles do not apply in the following situations:
1. If the photographs/fingerprints are obtained as part of the registration process for a juvenile required to register as a __________.
2. If the child is a victim or witness, and photographs are needed for ___________ or ___________ purposes (e.g. photographs of injuries, or videotaped statement of a child victim/witness).
3. If a child has had access to a ___________ but is not a suspect, and his/her prints are needed for comparison to latents for elimination purposes.
1. sex offender

2. evidentiary or documentary purposes

3. crime scene
G.O. ______________ is defined in the Family Code (71.004) as 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.
Family Violence
G.O. _______________- means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
Dating Relationship
G.O. ____________- is defined as an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not included defensive measures to protect oneself.
Dating Violence
The Code of Criminal Procedure, Art. 6.05, “Duties of Peace Officers as to Threats” does not give authority to arrest merely for an assault by threat that does not occur in the presence of the officer, but does place a responsibility on officers to prevent threatened injuries. Officers may contact Victim Services, or transport the victim to a safe location.
Info Only
G.O. 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, and make lawful ________ of violators.
protect

enforce

arrests
G.O. Family Violence
All children residing in the household, whether or not they witnessed the family disturbance involving family violence, shall be identified with their full ____, __________, _____, and _____.
name,

date of birth,

race,

and sex.
Family Violence with children home:
List as “________” if the child was present in the household during the disturbance.
Witness
Family Violence Reporting with children home:
List children as “____________” if the child was not present in the household during the incident of family violence.
Observed/Seen
G.O. Officers are to treat all incidents involving family violence as criminal conduct. __________ will not be used as a substitute for appropriate reporting and enforcement action when assaults or other forms of physical violence have taken place
Mediation
G.O. When officers investigate any incident that involves family violence, or may have involved violence, officers are to initiate an incident report and provide each adult present a copy of the information form entitled "Notice to Adult Victims of Family Violence." In addition, officers will advise victims of their rights to obtain an _________________ and give them the offense number.
Emergency protective order
G.O. In addition, when an arrest for an offense involving family violence is made, officers will file for a ___ hour hold of the suspect if the victim received "serious" bodily injury.
24-hour
G.O. Officers may request a ___-hour or ___-hour hold when an arrest for an offense involving family violence is made. It is recommended that officers consider some of the following situations when deciding whether to request a ___/___-hour hold:
1. If a deadly weapon was used or exhibited during an offense
2. History of family violence
3. Fear of retaliation
4. Probability for continued violence
5. If an emergency protective order is recommended
6. If the victim has made claims of harassment or stalking
7. If the victim has recently ended the relationship or has a desire to end the relationship
24-hour

or

48-hour
G.O. Officers investigating an assault that involves the discipline of a child/juvenile by a parent or guardian will document their investigation in an incident report.
1. If the victim is ___ years of age or younger, the report will be titled "Injury to a Child" and forwarded to the Child Abuse Unit.
2. If the victim is ___, ___, or ___ years of age, the report will be titled "Family Violence/Parental" and forwarded to the Family Violence Unit.
3. Arrests will be made if the officer determines that ___________ force was used and that there is serious injury or potential for serious injury if the arrest is not made. These arrests (will not) be direct filed.
4. Reports will be written in all cases where a complaint of (unreasonable discipline) is made. Officers are reminded not to allow personal beliefs regarding discipline to interfere with their legal judgement.
1. 14

2. 15, 16 or 17

3. unreasonable
G.O. Incidents of family violence create a special standard of arrest requirements.
A. If the offender is still present, officers "will" arrest if an assault has occurred and the assault has resulted in _________ or a ___________.
1. An exception may be made by a supervisor if there are found articulable facts, which lead a _____________ person to believe that the offender was acting in self-defense.
2. The facts leading to the decision to allow an exception to arrest must be fully documented in the incident report.
Bodily injury

or

Complaint of Pain

1. reasonable
G.O. Family Violence Situations
Officers will arrest for "Assault by Threat" or "Assault by Contact" if the offense occurs in their __________ and circumstances reasonably show that further violence may occur.
Presence
G.O. Victims of family violence should _________ be referred to Victim Services for counseling.
ALWAYS
G.O. Family Violence felony arrest: Neither the arresting officer nor the detectives in felony arrests can dismiss charges. The ___________can.
District Attorneys Office
G.O. Williamson County Assault Victim Statement, is to be used if the Family Violence takes place in Williamson County rather than the form used for arrests made in Travis County.
Info Only
G.O. Family Violence Involving Mental Illness
A. If the offender is still present and the Crisis Intervention Officer (C.I.O.) at the scene determines the person fits the criteria for a Peace Officer Emergency Commitment (POEC), the CIO may transport the person to a psychiatric facility on the POEC.
B. Once at the facility, the CIO will remain with the person pending the physician’s evaluation. If the facility admits the person, the CIO will complete all required family violence documentation, but (will not) file any charges on the person.
C. If the facility (does not) admit the person, the CIO will place the person under arrest for family violence. Once arrested, the CIO will complete all documentation and use (direct file) procedures for the filing of charges at the time of booking.
D. The discretion to use a POEC in lieu of a custodial arrest rests solely with the on-scene CIO. Only a ______ may be used to remove the offender from the "scene" for the purpose of a psychiatric evaluation and/or treatment.
E. This section does not supersede an officer’s authority to arrest, according to departmental policy, for a felony offense at the scene.
POEC
G.O. Dating Violence
A. As of _____________s date, the definition of Family Violence has been amended to include dating violence.
However, the arrest authority for Family Violence Assaults was not changed to include dating violence. Therefore, dating violence will not fall under the same _________ policy for arrest as they do with family or household relationships. Dating violence calls should be handled as they have been in the past. An arrest may (only) be made for persons who the peace officer has probable cause to believe "have committed an assault resulting in bodily injury to another person AND the peace officer has probable cause to believe that there is danger of further bodily injury to that person."
September 01, 2001

mandatory
G.O. When determining whether or not the relationship is considered a “dating” relationship, the following factors should be taken into account:
1. The ______ of the relationship.
2. The ______ of the relationship.
3. The ______ and type of interaction between the persons.
1. length
2. nature
3. frequency
G.O. Officers investigating incidents that involve family violence shall title reports “______________.”
2. Officers investigation incidents that involve dating violence shall title reports “______________.”
3. This requirement is in addition to any title codes that are included for a specific offense(s) that may have been committed (i.e., Assault, Assault with injury, etc.)
Family Disturbance

Dating Violence
When the Department receives a protective order, it will be forwarded to _____________.
Central Records
G.O. Protective Orders
Ex parte temporary orders are not enforceable under Section 25.07 of the Penal Code and will not be entered into the Central Records database.
Info Only
G.O. The Texas Department of Public Safety maintains a protective order file in the statewide data base. It may be accessed by utilizing the ____________ inquiry in TCIC. APD is required to enter protective orders into the statewide database. When a protective order is processed and entered into the Department database as outlined above, Central Records will also ensure that the order is entered into the _______ database.
Wanted Person Inquiry

TCIC
G.O. A court shall render a protective order if the court finds that family violence has occurred and is likely to occur in the future. In the protective order, the court may prohibit the person found to have committed family violence from:
1. Committing family violence;
2. Communicating:
a. Directly with a member of the family or household in a threatening or harassing manner;
b. A threat through any person to a member of the family or household;
c. If the court finds good cause, in any manner with a member of the family or household except through the party’s attorney or a person appointed by the court.
3. Going to or near the residence, child care facility, or school a child protected under the order normally attends or in which the child normally resides; and
4. Engaging in conduct directed specifically toward a person who is a member of the family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person.
Info Only
A peace officer ____ arrest, without warrant, persons whom the officer has probable cause to believe have committed an offense violation of protective order), if the offense """is not""" committed in the presence of the peace officer
may
A peace officer (will) arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07 of the Penal Code (violation of protective order), if the offense is committed (in the presence) of the peace officer
Remember the following:

A peace officer "may" arrest if the offense was "not" in his view

but

A peace officer "will" arrest if the offense was in his view.
G.O. Protective Orders
Some orders specify the applicant's county of residence rather than a specific street address. This attempt by the court to further protect the applicant (does not) invalidate the order's protection of the residence address. In these cases, if a residence appears to be the applicant's home, it (will be) considered the protected address and the order will be enforced accordingly.
Info Only
G.O. Protective Orders
Reconciliatory actions or agreements between the applicant and the respondent (DO NOT) affect the validity of the order or the duty of a peace officer to enforce it.
G. A protective order (CANNOT) be violated by actions of the applicant.
Info Only
G.O. When an officer investigates a family disturbance or similar incident and is informed that any person involved is named in a protective order, the officer will attempt to verify the information through ______________.
B. If verified, the officer will add "Violation of Court Order/Protective Order" to any other incident report titles. The incident number of the ___________ call will be used.
C. Officers will give the incident number of the original "Protective Order Information" report in the narrative of their report.
D. This reporting procedure will be followed whether or not an arrest is made.
Communications

Dispatched
Magistrate's Order for Emergency Protection
A. Article 17.29 of the Code of Criminal Procedure allows a magistrate to issue an order for emergency protection against a defendant at the defendant's initial appearance before the magistrate, if the defendant is under arrest for ____________ or _____________
Family Violence

or

Stalking
G.O. An order for emergency protection is very similar to a protective order and it shall be enforced in the same manner as a protective order. Penal Code section 25.07 also applies to violations of an order for emergency protection. In enforcing an order for emergency protection, it should be noted that such an order is valid for _____ days after the date it is issued, as determined by the issuing magistrate.
31-61 days
An order for emergency protection is very similar to a protective order and it shall be enforced in the same manner as a protective order. Penal Code section 25.07 also applies to violations of an order for emergency protection. In enforcing an order for emergency protection, it should be noted that such an order is valid for ____ days after the date it is issued, as determined by the issuing magistrate.
31-61 days
Orders for emergency protection will be documented and processed in the same manner as protective orders. Orders for emergency protection are required to be entered into ____ in the same manner as protective orders.
TCIC
Criminal trespass is (not) a breach of the peace; therefore, residents may not legally arrest for this offense. Nor can police officers arrest if the violation occurred before they arrived. Therefore, no arrest for trespassing will be made unless the violation occurs in the officer’s presence.
info
For purposes of this document:
Criminal Tresspass Entry means the intrusion of the:
entire body
The term:“___________” will be used to designate the owner and any person with apparent authority to act for the owner (manager, custodian, etc.).
"owner/agent"
Criminal Trespass
An arrest ((will not)) be made without supervisor approval, in cases where the suspect is witnessed on property or premises by the officer and the original notice was given more than ___ year before the current date.
one
Title of Incident Report:
Title all reports “Criminal Trespass.” Titles such as “Criminal Trespass Warning” or “CTW” will NOT be used for this incident.
info
Under no circumstances will “Criminal Trespass Warning” or “CTW” be used in the body/narrative of the report. Refer to it as a CRIMINAL TRESPASS NOTICE, not a warning.
info
The Department utilizes basically three types of transport vehicles:
1. Patrol Sedans

2. Unmarked Sedans

3. Vans
Any vehicle used to transport prisoners shall be searched when for weapons and contraband?
at the beginning of a tour of duty, before and after each prisoner transport, and at the end of a tour of duty.
Arrest/Transporting Officer
General principles of _____ law impose a duty of care on the transporting officer to protect the prisoner from injury. Thus, the primary duty of the transporting officer is the safe delivery of the prisoner in his/her care. Diversionary incidents, whether or not instigated by persons attempting to free the prisoner, may divert the transporting officer and place him/her and the prisoner in jeopardy, or enhance chances for the prisoner to escape.
TORT
Officers should be aware that __________________ occurs when the position of the body interferes with normal respiration. This interference is increased when subjects are placed in a physically compromised position from which they cannot remove themselves. Such position, induced and/or enforced by a restraint, is the cause of ___________ ___________ ___________.
positional asphyxia

positional restraint asphyxia
Prisoners ((WILL NOT)) be secured in the manner commonly referred to as “hog-tying.” (i.e. binding the hands and feet together, whether in front of or behind a person).
b. Hobble restraints applied to the ankles or legs of a violently resisting subject may be used. DO NOT hog-tie the hands to a hobble-type restraint.
important info
____________________- is a condition brought on by the use of drugs or the lack of required medication. Subjects in this state have easily identifiable symptoms and behavioral patterns. For the safety of both officers and subjects, recognition of these signs is a must. This is especially true in cases when more than two or three symptoms are exhibited at the same time by the same person. Once in custody, EMS should be contacted ""immediately"" to evaluate the subject.
Substance Induced Excited Delirium
For officer safety, NEVER go one-on-one with a subject displaying symptoms of Substance Induced Excited Delirium.
info only
Substance Induced Excited Delirium
****** Subjects who display these symptoms and initially resist arrest violently may become extremely tranquil, appearing to have given up and accepted their fate. They may seem to be sleepy and resting. This is termed, “______________” and usually occurs just prior to death.
Sudden Tranquility
While transporting prisoners, officers will not respond to any calls for service or initiate any enforcement action unless it is a situation where risk of serious bodily injury or death to a third party is imminent and the risk to the prisoner is small. Officers will notify the dispatcher of any incident that may require a police response.
info
10-96 Prisoners
If the vehicle is not equipped with a safety barrier, a second officer may be required to help with the transport when it is anticipated that the prisoner may become unmanageable or violent during transport. The prisoner will be placed in the "right rear seat" position and the second officer will sit in the rear seat "behind the driver".
info
The officer will either request EMS to treat the person, or will transport the person to an appropriate medical facility for treatment. The following criteria present situations in which medical care will be obtained:
1. Large lacerations (greater than ____ inch in length), which are less than ___ hours old;
2. Actively bleeding lacerations (greater than ___ inch);
1. one/12

2. 3/4
Once at the emergency room, prisoners will be guarded by the transporting officer until treated and released by a physician or admitted for medical attention.
1. Under NO circumstances will an officer release and/or leave unguarded any prisoner who is violent, or who the officer has reason to believe will become violent.
2. If treated and released from the hospital, or if the prisoner refuses medical treatment, the prisoner will be transported to the jail, along with the proper documentation which is the:_____________.
Emergency Discharge Instruction.
For prisoners arrested for public intoxication ONLY, who are going to be admitted to the hospital, procedures for guarding as outlined in this section will be followed.
(ii) After officers have guarded the PI prisoner for a minimum of ___ hours, a supervisor may come to the hospital to assess the situation and determine if continued custody, including guarding, is required.
four (4)
Person Under Arrest and at the ER under officers guard: If release is not authorized and continued guarding is required beyond ___a.m., the on-duty area command lieutenant will be responsible for scheduling of patrol personnel to continue guard duty.
7:00 am
If not released from custody and still at the ER, all arrests will be guarded
From ____ until _____ by the area command patrol division from which the arrest was made. The on-duty area command field lieutenant or designee is responsible for scheduling of patrol personnel to guard the prisoner during these hours.
(ii) From ______ until _______ the division detectives or investigative unit in charge of the case will guard the prisoner. The area command support sergeant or investigative unit sergeant is responsible for scheduling of personnel to guard the prisoner during these hours. On weekends when few detectives are on-duty, it may be necessary to call in personnel on overtime to guard the prisoner until the prisoner can be magistrated.
10:00pm-7:00am

7:00am-10:00pm
Guarding Prisoners at the ER:
Personnel will not stand guard for more than ________ hours during a tour of duty.ï (2. SO #2003-04.)
four (4)
Prisoners Exhibiting Symptoms of Contagious Disease

If arrested for public intoxication ONLY, prisoners who are going to be admitted to the hospital will be guarded as described in .04 G of this policy. (Provided the prisoner is not at the hospital more than four (4) hours. Four (4) hours or more, the prisoner may be released with supervisory approval.
info
G.O. Supervisory Responsibility
A. Those reports routed to the supervisor under the existing report writing system will be reviewed for compliance with current report writing policy.
B. Supervisors receiving notification from Central Records or an investigative unit of a deficient report will:

1.
2.
1. Ensure that the responsible employee corrects the report.
2. Take proper steps to ensure that deficiencies do not occur again (i.e., counseling, remedial training, increased monitoring and review).
G.O. Note taking at a scene:
Notes should contain the following;
a
b
c
d
e
f
a. WHO - persons involved.
b. WHAT - type of incident(s), an accurate account of what was observed, what transpired, and the property/evidence involved.
c. WHERE - location(s) of the incident, persons involved during the incident, property and evidence involved.
d. WHEN – date(s), time/s of the incident.
e. WHY – what actions taken by persons involved led to the incident(s).
f. HOW – what manner, way, means, reason, purpose, effect, extent,
amount, or degree.
Family violence is defined in the Family Code as 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. Family violence can also be defined as a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault or sexual assault.
2. Domestic violence, for the purposes of this policy, refers to any act of violence (actual or threatened) on a family member or partner, including but not limited to:
a. Assault;
b. Sexual assault;
c. Injury to a child;
d. Kidnapping;
e. Harassment;
f. Stalking;
g. Terroristic threat;
h. Violation of court order;
i. Criminal trespass; or
j. Criminal mischief or property crimes directed at the victim.
info
G.O. 3. Precursors to domestic violence may include:
a.
b.
a. mental domination

b. fear or intimidation
G.O. Family includes individuals:
a. Related by consanguinity (blood);
b. Affinity (marriage);
c. Individuals who are former spouses of each other;
d. Individuals who are the biological parents of the same child, without regard to marriage or legitimacy;
e. A foster child and foster parent, whether or not those individuals reside together
important info
G.O. Definitions
Household means a unit composed of persons living together in the same dwelling, whether or not they are related to each other.
a. Member of a household also includes a former member of a household.
important info
G.O. The Department requires that each employee participate in __________ training on domestic violence covering an appropriate range of subject matter tailored to the individual:
bi-annual
G.O. ______________ is defined as any pattern or practice, including but not limited to stopping, detaining, frisking, and searching, by police officers that is based upon a generalized belief that a person of a particular race, ethnicity, or national origin is more likely to commit certain types of crimes.
Bias-based profiling
G.O. F.O. Cards
Multiple Subjects
1. It is not always necessary for an officer to complete a F.O. card on every individual in a group of ___ or more persons.
2. If the passenger(s) in a car or the cohort(s) of a subject who has been detained by police is not the primary focus of the officer, then it is not necessary to complete a F.O. card.
3. If, however, at any point during the contact the officer goes past the point of asking preliminary questions (detaining, frisking, or searching) to determine a level of involvement, then a F.O. is required.
2
G.O. F.O. Cards Gang Activity
The gang-related section will be filled out only if the person(s) stopped meets TWO of the criteria required by law to document the individual(s) as a criminal street gang or prison gang member as follows:
a. Self-admission by the individual of criminal, street gang membership.
b. Identification of the individual as a criminal street gang member by a reliable informant or other individual.
c. A corroborated identification of the individual as a criminal street gang member by an informant or other individual of unknown reliability.
d. Evidence that the individual frequents a documented area of a criminal street gang, associates with known criminal street gang members, and uses criminal street gang dress, hand signals, tattoos, or symbols.
e. Evidence that the individual has been arrested or taken into custody with known criminal street gang members for an offense or conduct consistent with criminal street gang activity.
info only
G.O. Doing F.O. Cards
Field observation photographs will not be taken in an interview situation unless "________________" criteria exist. Force will not be used to obtain photographs in a stop situation. Field observation photographs should be made only for:
a. Identification of subject
b. Identification of subject’s condition, such as but not limited to:
(i.)Fresh injuries
(ii.)Distinctive tattoos;
(iii.)Evidence stains on clothing;
(iv.)Distinctive jewelry;
(v.)Distinctive clothing/shoe patterns;
(vi.)Identification of subject’s automobile;
(vii.)Recording evidence.
"reasonable suspicion"
G.O. Juveniles may be photographed only under the following circumstances under provisions of the Family Code:
a. With consent of the juvenile court (e.g., via a court order).
b. If the child is taken into custody for conduct that is a felony or a misdemeanor punishable by confinement in jail.
c. If the child is not in custody and the child’s parent or guardian voluntarily consents in writing to the photographing of the child.
info only
G.O. Refering to photos taken during F.O. contacts:
4. ___________ will be the repositories for all F.O. photographs until further notice.
central records
G.O. Officers wanting to make a correction or amendment to a previously submitted F.O. should complete a new F.O. with “__________” or “_________” written across the top of the form. The original offense number should be utilized. Corrections and amendments can only be made with hard copies, ((not)) by using the MDT.
"correction" or "amendment"
CAD/MDT Computer Usage
Supervisors’ responsibility:
1. Supervisors are responsible for entering complete and accurate roster information into CAD.
2. Supervisors must note officers’ “Specialty Codes” on the work roster for all qualified personnel.
3. Use only the codes as listed below:
a. AI – Accident Investigator
b. AR – AR-15 Trained
c. BL – Bi-lingual (other than Spanish)
d. DR – Drug Recognition Expert
e. DI – Deaf Interpreter
f. F – Field Training Officer
g. FV – Family Violence Camera
h. G – Grenadier
i. HN – Hostage Negotiator
j. IO – Intoxilizer Operator
k. CIT– Crisis Intervention Officer
l. P – Photo
m. S – Spanish Speaker
n. LL- Equipped with Less Lethal shotgun
o. T - Equipped with Taser
need to know info for supervisors
G.O. Supervisors will conduct periodic reviews of CAD messages sent by their officers and will submit a report, at least __________, through the chain-of-command to the Inspections Unit.
quarterly
G.O. Requesting Recorded Transmissions
Any employee with a legitimate need to hear or copy the 24-hour radio or telephone log tape may do so by making a written request to the: ______________ on duty.
Communication supervisor on duty
Requesting Recorded Transmissions
Any employee with a legitimate need to hear or copy the 24-hour radio or telephone log tape may do so by making a written request to the Communication supervisor on duty.
info only
G.O. Priority of Calls
Priority ____ Calls:
a. There is an imminent threat to life or public safety;
b. Any violent crime against person(s) in progress;
c. Or the crime has just occurred where the suspect has remained on the scene or may be apprehended in the immediate area.
Priority ONE
Priority _____ calls:
a. Non-violent crime against person(s) in progress;
b. A property crime in progress;
c. Or the crime has just occurred and the suspect is still onscene or the possibility to apprehend the suspect in the immediate area exists.
TWO
G.O. Priority ____ Calls:
a. Any incident in progress that is not currently but may eventually be hazardous or affect the quality of life;
b. There is a witness/complainant on scene with suspect information;
c. A delay is not likely to result in further injury, loss of property, or adversely affect an investigation.
THREE
G.O. Priority ____ Calls:
a. Any incident or request not in progress involving minor offenses;
b. Any incident where the complainant has delayed reporting by at least 30 minutes;
c. A delay is not likely to adversely affect an investigation.
FOUR
Teletype
The Department maintains a teletype system to handle department business and to interface with state and federal criminal justice information systems. Employees must strictly adhere to the ________ and _______ guidelines, including any training requirements.
A. Requests to Send Teletype Messages
1. Teletype messages will be filled out on the teletype form and submitted to the teletype operator for transmittal.
2. The teletype operator may change the body of the text, without changing the message content, in order to conform with TLETS guidelines.
TLETS/NLETS AND TCIC/NCIC
Criminal History Information
1. Route requests for criminal history checks to the teletype operator.
2. Criminal history information, other than what is necessary to effect an identification or to ensure officer or public safety, will not be broadcast.
a. Under Section 411.085 of the Texas Government Code, it is a Class ___ misdemeanor (or _______ degree felony if done for remuneration) to unlawfully disseminate criminal history information.
b. Personnel will comply with Department policy regarding open records when dealing with criminal history requests.
a. class B/2nd degree felony
Emergency Notification System
The purpose of this section is to establish guidelines for the use of the Austin Police Department Emergency Notification System. The system is a stand-alone system that is capable of transmitting notifications to ____ separate individuals/groups defined by predetermined lists or geographic location simultaneously via pre-recorded message
forty-eight (48)
Operational control and administration of the Emergency Notification system will be the responsibility of the _______________.
Assistant Communication Manager
G.O. Define:
Emergency Situations
a. _____________ –A situation posing significant danger to public safety and well being, i.e. chemical leak, uncontrolled fire, violent criminal activity, severe weather, etc.
Life Threatening
G.O. Emergency Notification Definitions:
___________ - The software system used for personnel to call in, fax broadcast, and other group notifications.
Communicator
G.O. Emergency Communication Definitions:
________ - The software system used to notify groups of residences or businesses based on their locations, using a map interface and telephone database.
GeoNotify
G.O.
Investigators from the __________ Unit will be notified anytime an investigation involves a commissioned peace officer as a suspect, regardless of the officer’s agency or jurisdiction.
Officer-Involved Criminal Unit (OICU)
G.O. Collecting Evidence at the scene of a crime:
Forgery documents will ((NOT)) be fingerprinted or turned over to Identification Section for fingerprinting. The forgery documents are to be placed in a plastic bag with an evidence tag and attached to the forgery offense report.
info only