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8 Cards in this Set

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  • Back
Art. 6.01 When Magistrate Hears Threats
It is the duty of every magistrate when they hear a threat towards self, another or property to report to a Peace Officer so that officer can use lawful means to prevent the injury.
Art. 6.01 Threat to Take Life
If magistrate hears threat to the life of another or oneself, the magistrate shall issue a warrant for the threat or arrest the person himself.
Art. 6.01 On Attempt to Injure
1. Magistrate observing attempt to injure oneself, another or property shall prevent the injury by;
a. verbal order to Peace Officer
to prevent the injury
b. issuance of an arrest warrant
c. arresting the offender
Magistrate may call upon
persons present to assist in
Art. 6.04 May Compel Offender to Give Security
When person making threat is brought before a magistrate, he may compel him to give security to keep the peace or committ him to custody.
Art. 6.05 Duty of Peace Officer as to Threats
It is the duty of every Peace Officer when he has been informed that a threat has been made by a person to harm himself, another or property to prevent the threatened injury if within his power; and he may summon any number of citizens in the county. He may take such measures as the person about to be injured might for prevention of the offense.
Art. 6.06 Peace Officer to Prevent Injury
Whenever in the presence or view of a Peace Officer one person is about to commit an offense against another, it is his duty to prevent it. May summon aid of citizens. Must use the amount of force necessary to prevent the offense but no greater.
Art. 6.07 Conduct of Peace Officer
The conduct of Peace Officer in preventing offenses about to be committed in their presence/view is to be regulated by the same rules as are given to a person about to be injured. They may use all force necessary to repel the aggression.
Art. 6.08 Protective Order Prohibiting Offense Caused by Bias or Prejudice.
1. At any court proceeding that is related to "offenses against the person", areson, criminal mischief or graffiti in which defendant is alleged to have committed the offense because of bias or prejudice, the victim may request a protective order from the court.
2. The court shall render a protective order in lieu of finding that family violence occurred and is likely to occur in the future if probable cause exist that there was an "offense against the person", arson, criminal mischief or graffiti as a result of bias or prejudice and that the nature of the scheme or course of conduct engaged in indicated that they will do it again.
3. The protective order will be enforced as normal except;
a. statement must refer to the
prosecution of offenses due to
bias or prejudice
b. court will require constable to
serve order
c. court clerk shall forward copy
to D.P.S.
4. On receipt of the order from the court clerk, a Law Enforcement agency shall immediately, but not later than the 10th day, enter the order into T.C.I.C.