Corporal Study Material

Front 1

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.

Back 1

Intentionally

Front 2

Culpable mental states are classified according to
relative degrees, from highest to lowest, as follows:

Back 2

Intentional
Knowing Reckless
Criminal Negligence

Front 3

A person commits an offense only if he voluntarily
engages in conduct, including an ___, an ________, or __________.

Back 3

Act
Omission
or
Possession

Front 4

___________ 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.

Back 4

Possession

Front 5

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.

Back 5

Omits
Omission

Front 6

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.

Back 6

Intentionally
Knowingly
Recklessly
Criminal Negligence

Front 7

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.

Back 7

Knowingly or with Knowledge

Front 8

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.

Back 8

Recklessly or is Reckless

Front 9

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.

Back 9

Criminal Negligence or is Criminally Negligent

Front 10

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.

Back 10

1. A different offense was committed
2. A different person or property was injured, harmed or otherwise affected.

Front 11

§ 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

Back 11

"criminal episode"

Front 12

§ 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.

Back 12

Single

30

Probable Guilt

Front 13

§ 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.

Back 13

"Concurrently"

"Criminal Episode"

17

17

Front 14

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.

Back 14

Severance

Concurrently or Consecutively

Front 15

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.

Back 15

Beyond a Reasonable Doubt

Front 16

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

Back 16

Exception

Reasonable Doubt

Front 17

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.

Back 17

Defense

Front 18

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.

Back 18

Affirmative

Preponderance

Front 19

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.

Back 19

Presumption

A Reasonable Doubt

Front 20

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.

Back 20

Prohibitions, Penalties, and Correctional Measures

Front 21

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.

Back 21

Safety
Rehabilitation
Punishment
Penalties
Official Discretion

Front 22

§ 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.

Back 22

Statute
Municipal Ordinance
Order of a County Commissioners Court
or
Lawfully adopted

Front 23

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.

Back 23

Damages
Penalty
Forfeiture
or
recovered or enforced

Front 24

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.

Back 24

Jurisdiction
Commit
Conspiracy

Attempt,Solicitation, or Conspiracy or
Establishes

Front 25

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.

Back 25

Criminal Homicide

Death

Jurisdiction

Front 26

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.

Back 26

Omission

land
water
air

Front 27

1.06. COMPUTATION OF AGE. A person attains a
specified age on the day of the ___________ of his birthdate.

Back 27

Anniversary

Front 28

§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.

Back 28

Criminally Responsible

Accomplices and Principals

Front 29

§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.

Back 29

1. culpability
2. solicits, encourages, directs, aids, or attempts
3. reasonable

furtherance

Front 30

§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.

Back 30

NO

incapable

immune

Front 31

§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.

Back 31

Agent

High managerial agent

Front 32

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:

Back 32

criminally

Front 33

§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.

Back 33

criminally

omission

Front 34

§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.

Back 34

affirmative

Front 35

§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.

Back 35

affirmative

repeated

Front 36

§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.

Back 36

defense

culpability

Front 37

§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.

Back 37

ignorant

affirmative

Front 38

§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.

Back 38

a. defense

b. temporary insanity

c. intoxication

d. "intoxication"

Front 39

§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.

Back 39

a. affirmative
threat

b. affirmative

c. compulsion

d. intentionally, knowingly or recklessly

e. spouse

Front 40

§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 __________.

Back 40

defense

induced

entrapment

Front 41

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.

Back 41

17

Front 42

§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;

Back 42

15

1. perjury and aggravated perjury

Front 43

§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.

Back 43

Custody

Front 44

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.

Back 44

Escape

Front 45

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.

Back 45

Deadly force

Front 46

§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.

Back 46

Confinement

Front 47

§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.

Back 47

threat

apprehension

Front 48

§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.

Back 48

justified

injures or kills

Front 49

§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.

Back 49

civil

Front 50

§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.

Back 50

immediately

reasonableness

legislative

Front 51

§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.

Back 51

justified

immediately

Front 52

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,

Back 52

1. verbal
2. arrest or search
3. consented
4. provoked

Front 53

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.

Back 53

A. abandons

Front 54

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.

Back 54

weapon

possessing

Front 55

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.

Back 55

1. resistance

2. greater

Front 56

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.

Back 56

2. retreated
3. immediately
a. protect
b. prevent

habitation

Front 57

§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.

Back 57

1. justified

2. intervention

Front 58

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.

Back 58

a. suicide

b. justified

Front 59

§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.

Back 59

a. prevent or terminate

b. immediately

Front 60

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.

Back 60

land or tangible, movable

Front 61

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.

Back 61

THIRD

1. attempted or consummated

2.A. requested


2.C. protect

Front 62

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.

Back 62

1. death or serious bodily injury

2. installs

Front 63

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:

Back 63

SEE PENAL CODE SECTION 9.51 FOR ALL DETAILS.

Front 64

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.

Back 64

justifiable

deadly force

Front 65

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.

Back 65

force

maintain

Front 66

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.

Back 66

18

1. loco parentis

2. discipline

Front 67

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.

Back 67

1. care, supervision, or administration

2. special

Front 68

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.

Back 68

1. guardian

A. safeguard and promote

B. discipline

Front 69

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.

Back 69

A
B
C

Front 70

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.

Back 70

1. capital
2. first
3. second
4. third
5. state jail

Front 71

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 ___________.

Back 71

1. $4,000

2. one

3. fine and confinement

Front 72

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.

Back 72

1. $2,000

2. 180

Front 73

12.23. Class C misdemeanor.
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $____.

Back 73

$500

Front 74

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.

Back 74

life or by death

imprisonment

mandatory

Front 75

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 $_______.

Back 75

99 years

5 years

$10,000

Front 76

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 $_______.

Back 76

20 years

2 years

$10,000

Front 77

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 $______.

Back 77

10 years

2 years

$10,000

Front 78

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.

Back 78

2 years

180 days

10,000

1. deadly weapon

2. felony

Front 79

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.

Back 79

1. third

2. B

3. C

Front 80

Text
§12.42. Penalties for repeat and habitual felony offenders.

Back 80

See Penal Code Section 12.42

Front 81

_______ __________ 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.

Back 81

Dating Violence

Front 82

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:

Back 82

(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).

Front 83

§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.

Back 83

Consanguinity or Affinity

Front 84

_________ 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.)

Back 84

Household

Front 85

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;

Back 85

Family Violence

Front 86

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.

Back 86

Info only

Front 87

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.

Back 87

PROTECT

ENFORCE

LAWFUL ARREST

Front 88

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.

Back 88

LEGAL RIGHTS

SHELTER

Front 89

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.

Back 89

INFO ONLY

Front 90

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.

Back 90

CITIZENS

MILITARY COMPANY

Front 91

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.

Back 91

INFO ONLY

Front 92

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.

Back 92

INFO ONLY

Front 93

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.)

Back 93

INFO ONLY

Front 94

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.)

Back 94

INFO ONLY

Front 95

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.

Back 95

INFO ONLY

Front 96

§30.01. Definitions.
In this chapter:
(1) "__________" means a structure or vehicle that is adapted
for the overnight accommodation of persons, and includes:

Back 96

Habitation

Front 97

§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.

Back 97

Habitation

Front 98

PC
(2) "________" means any enclosed structure intended for use
or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Back 98

Building

Front 99

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."

Back 99

Vehicle

Front 100

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 _____ ________.

Back 100

Peace Officers

Front 101

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 ______ _____.

Back 101

Felony

Public Peace

Front 102

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.

Back 102

Info Only

Front 103

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.

Back 103

Magistrate

Front 104

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.

Back 104

Info Only

Front 105

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) ____________________

Back 105

(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.

Front 106

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.

Back 106

Fresh Pursuit

Front 107

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.

Back 107

48 Hours

Front 108

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.

Back 108

Class C

Front 109

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.

Back 109

Warrant of Arrest

Front 110

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.

Back 110

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.

Front 111

CCP 15.03. Magistrate may issue warrant or summons.
A magistrate may issue a warrant of arrest or a summons:
1.
2.
3.

Back 111

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.

Front 112

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.

Back 112

Info Only

Front 113

CCP
The affidavit made before the magistrate or district or county
attorney is called a "_________" if it charges the commission of an
offense.

Back 113

Complaint

Front 114

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.

Back 114

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.

Front 115

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.

Back 115

Info Only

Front 116

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.

Back 116

Info Only

Front 117

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.

Back 117

Info Only

Front 118

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.

Back 118

Info Only

Front 119

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.

Back 119

Four (4)

Front 120

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.

Back 120

two (2)

four (4)

Front 121

G.O.
______ is defined as any physical action that causes apparent injury, or causes a person to complain of pain or injury

Back 121

force

Front 122

G.O.
________ ______ is any force capable of causing death or serious bodily harm.

Back 122

Deadly Force

Front 123

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.

Back 123

Caution
Good Judgement
and
Due Care

Front 124

G.O. Uniform Traffic Enforcement
The public will accept a rigid enforcement program if applied __________ and ____________.

Back 124

impartially and intelligently

Front 125

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.

Back 125

90

Front 126

G.O. Vehicle Pacing Citations
A ___-block minimum (except in school zones) is required to achieve an accurate measurement of speed.

Back 126

two (2)

Front 127

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.

Back 127

9 mph

10 mph

Front 128

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.

Back 128

4 mph

5 mph

Front 129

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.

Back 129

3

Front 130

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.

Back 130

15

Front 131

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:

Back 131

1. Note from a Doctor
2. US Postal Employee
3. Delivery of Newspapers
4. Utility Company and reading meters
5. Operating Farm Vehicle

Front 132

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.

Back 132

5
17
36 inches

Front 133

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.

Back 133

4

36 inches

Front 134

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.

Back 134

1. All seating positions equipped are occupied
2. Riding in a taxicab
3. Riding in a bus
4. Or other vehicle for hire

Front 135

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.

Back 135

18

Front 136

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.

Back 136

Class B

Front 137

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.

Back 137

Court Order

Class B

Front 138

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.

Back 138

Info Only

Front 139

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.

Back 139

Class C

Class B

Front 140

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

Back 140

State Jail

3rd Degree

Front 141

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:

Back 141

Reckless Driving

Front 142

G.O. Possession of Alcoholic Beverage in a Motor Vehicle is a Class ___ misdemeanor
The violation must be observed by a police officer.

Back 142

Class C

Front 143

G.O. Fictitious/Altered Vehicle Registration is a Class ___ misdemeanor

Back 143

Class B

Front 144

G.O. What level of traffic violation is the following:
1. Wrong Plate
2. Different Seal

Back 144

Class C

Front 145

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.

Back 145

Class B

Front 146

G.O. Wrecker violations are commonly divided into two categories:
1.
2.

Back 146

1. equipment violations
and
2. ordinance violations

Front 147

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.

Back 147

f. 3,3,3

g. 10 lb. or two 5 lb

h. 3-foot

Front 148

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.

Back 148

tow truck operator's license

Front 149

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 “_______________________.”

Back 149

Fail to Display Operating Authority Permit.
____________________________________

Display Expired Operating Authority Permit

Front 150

G.O.
__________________: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.

Back 150

Administrative License Revocation

Front 151

G.O. Define
____: a drug recognition evaluation or a drug recognition expert.

Back 151

DRE

Front 152

State the APD Vision Statement:

Back 152

We want Austin to be the safest city in America.

Front 153

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.

Back 153

Drug Recognition Evaluation

Front 154

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.

Back 154

Drug Recognition Expert (DRE)

Front 155

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.

Back 155

Intoxicated

Front 156

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:

Back 156

(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.

Front 157

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.

Back 157

1.DIC-24
2.DIC-55
3.DIC-54
4.DIC-57

Front 158

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,

Back 158

21

Front 159

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 [phone] from 8a.m. to 5p.m. Eastern Time and [phone] at all other times.

Back 159

Info Only

Front 160

G.O.
Equipment for Traffic Direction
REQUIRED: four things?

Back 160

approved headgear
whistle
reflective traffic vest
low light (flashlight with cone)

Front 161

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.

Back 161

A. Interviews
B. Stops; and
C. Arrests

Front 162

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.

Back 162

Info Only

Front 163

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.

Back 163

Class B

Front 164

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.

Back 164

Info Only

Front 165

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.

Back 165

Non-Custodial

Front 166

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.

Back 166

Custodial

Front 167

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.

Back 167

Custodial

Front 168

List the Nine (9) Types of Searches:

Back 168

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

Front 169

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.

Back 169

48 hour

Front 170

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.

Back 170

17 years of age

Front 171

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.

Back 171

1. 10/17

2. 17

Front 172

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).

Back 172

1. Criminal Offense

2. Status Offense

Front 173

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.

Back 173

Info Only

Front 174

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.

Back 174

arrest/search

Front 175

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.

Back 175

Info Only

Front 176

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.

Back 176

Juvenile Justice
or
Criminal Justice

Front 177

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.

Back 177

juvenile court

Front 178

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.

Back 178

Missing Persons/Juvenile Investigations
Unit

Front 179

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.

Back 179

Info Only

Front 180

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.

Back 180

arresting officer

Front 181

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.

Back 181

Info Only

Front 182

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.

Back 182

Public Intoxication
or
POM

Front 183

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.

Back 183

Missing Persons/Juvenile Investigations Unit

Front 184

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.

Back 184

1. Municipal Court

Youth Diversion Center

Front 185

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.

Back 185

WILL NOT!!

Front 186

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.

Back 186

Info Only

Front 187

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.

Back 187

citation

Youth Diversion Center

Front 188

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.

Back 188

Info Only

Front 189

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.

Back 189

Info Only

Front 190

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 __________.

Back 190

1. Life Works

2. Gardner Betts

Front 191

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, “____________.”

Back 191

1. supplement

2. "Recovered Runaway"

Front 192

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.

Back 192

assault by contact

or

assault by threat

Front 193

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.

Back 193

Class B

Front 194

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.

Back 194

1. Warrant

2. Jan 1, 1996

3. Class C/Status

Front 195

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.

Back 195

Lott

Front 196

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.

Back 196

1. Class B

Front 197

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.

Back 197

Info Only

Front 198

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.

Back 198

Info Only

Front 199

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.

Back 199

P.I.

DUI

Class C Family Violence

Front 200

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.

Back 200

Info Only

Front 201

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.

Back 201

1. Res Gestae

or

2. fact or circumstances

Front 202

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.

Back 202

1. magistrate/magistrate's/Magistrate
Magistrate's

Front 203

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.

Back 203

1. Recorded by an electronic recording device (tape recorder or video camera)

2. magistrate

Front 204

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.

Back 204

status or criminal

Front 205

G.O. Follow-up Interrogations "juveniles"
The Miranda warning administered by a ___________ must precede all custodial confessions.

Back 205

magistrate

Front 206

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:

Back 206

1. At a Juvenile Processing Office

2. When a Juvenile is Transported to Gardner-Betts or Lott

Front 207

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.

Back 207

immediately

six (6) hours

two (2) detectives

Front 208

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.

Back 208

Youth Services detective

Front 209

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.

Back 209

1. parent or guardian

Front 210

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 "___________."

Back 210

"IN CUSTODY"

Front 211

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.

Back 211

Info Only

Front 212

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.

Back 212

1. consent

2. taken into custody

Front 213

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.

Back 213

comparison

Front 214

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 ____________________.

Back 214

"Publicly" available (such as in a school yearbook)

Front 215

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.

Back 215

1. sex offender

2. evidentiary or documentary purposes

3. crime scene

Front 216

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.

Back 216

Family Violence

Front 217

G.O. _______________- means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.

Back 217

Dating Relationship

Front 218

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.

Back 218

Dating Violence

Front 219

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.

Back 219

Info Only

Front 220

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.

Back 220

protect

enforce

arrests

Front 221

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 _____.

Back 221

name,

date of birth,

race,

and sex.

Front 222

Family Violence with children home:
List as “________” if the child was present in the household during the disturbance.

Back 222

Witness

Front 223

Family Violence Reporting with children home:
List children as “____________” if the child was not present in the household during the incident of family violence.

Back 223

Observed/Seen

Front 224

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

Back 224

Mediation

Front 225

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.

Back 225

Emergency protective order

Front 226

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.

Back 226

24-hour

Front 227

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

Back 227

24-hour

or

48-hour

Front 228

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.

Back 228

1. 14

2. 15, 16 or 17

3. unreasonable

Front 229

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.

Back 229

Bodily injury

or

Complaint of Pain

1. reasonable

Front 230

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.

Back 230

Presence

Front 231

G.O. Victims of family violence should _________ be referred to Victim Services for counseling.

Back 231

ALWAYS

Front 232

G.O. Family Violence felony arrest: Neither the arresting officer nor the detectives in felony arrests can dismiss charges. The ___________can.

Back 232

District Attorneys Office

Front 233

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.

Back 233

Info Only

Front 234

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.

Back 234

POEC

Front 235

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."

Back 235

September 01, 2001

mandatory

Front 236

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.

Back 236

1. length
2. nature
3. frequency

Front 237

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.)

Back 237

Family Disturbance

Dating Violence

Front 238

When the Department receives a protective order, it will be forwarded to _____________.

Back 238

Central Records

Front 239

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.

Back 239

Info Only

Front 240

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.

Back 240

Wanted Person Inquiry

TCIC

Front 241

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.

Back 241

Info Only

Front 242

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

Back 242

may

Front 243

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

Back 243

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.

Front 244

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.

Back 244

Info Only

Front 245

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.

Back 245

Info Only

Front 246

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.

Back 246

Communications

Dispatched

Front 247

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 _____________

Back 247

Family Violence

or

Stalking

Front 248

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.

Back 248

31-61 days

Front 249

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.

Back 249

31-61 days

Front 250

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.

Back 250

TCIC

Front 251

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.

Back 251

info

Front 252

For purposes of this document:
Criminal Tresspass Entry means the intrusion of the:

Back 252

entire body

Front 253

The term:“___________” will be used to designate the owner and any person with apparent authority to act for the owner (manager, custodian, etc.).

Back 253

"owner/agent"

Front 254

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.

Back 254

one

Front 255

Title of Incident Report:
Title all reports “Criminal Trespass.” Titles such as “Criminal Trespass Warning” or “CTW” will NOT be used for this incident.

Back 255

info

Front 256

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.

Back 256

info

Front 257

The Department utilizes basically three types of transport vehicles:

Back 257

1. Patrol Sedans

2. Unmarked Sedans

3. Vans

Front 258

Any vehicle used to transport prisoners shall be searched when for weapons and contraband?

Back 258

at the beginning of a tour of duty, before and after each prisoner transport, and at the end of a tour of duty.

Front 259

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.

Back 259

TORT

Front 260

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 ___________ ___________ ___________.

Back 260

positional asphyxia

positional restraint asphyxia

Front 261

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.

Back 261

important info

Front 262

____________________- 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.

Back 262

Substance Induced Excited Delirium

Front 263

For officer safety, NEVER go one-on-one with a subject displaying symptoms of Substance Induced Excited Delirium.

Back 263

info only

Front 264

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.

Back 264

Sudden Tranquility

Front 265

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.

Back 265

info

Front 266

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".

Back 266

info

Front 267

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);

Back 267

1. one/12

2. 3/4

Front 268

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:_____________.

Back 268

Emergency Discharge Instruction.

Front 269

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.

Back 269

four (4)

Front 270

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.

Back 270

7:00 am

Front 271

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.

Back 271

10:00pm-7:00am

7:00am-10:00pm

Front 272

Guarding Prisoners at the ER:
Personnel will not stand guard for more than ________ hours during a tour of duty.ï (2. SO #2003-04.)

Back 272

four (4)

Front 273

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.

Back 273

info

Front 274

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.

Back 274

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).

Front 275

G.O. Note taking at a scene:
Notes should contain the following;
a
b
c
d
e
f

Back 275

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.

Front 276

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.

Back 276

info

Front 277

G.O. 3. Precursors to domestic violence may include:
a.
b.

Back 277

a. mental domination

b. fear or intimidation

Front 278

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

Back 278

important info

Front 279

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.

Back 279

important info

Front 280

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:

Back 280

bi-annual

Front 281

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.

Back 281

Bias-based profiling

Front 282

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.

Back 282

2

Front 283

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.

Back 283

info only

Front 284

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.

Back 284

"reasonable suspicion"

Front 285

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.

Back 285

info only

Front 286

G.O. Refering to photos taken during F.O. contacts:
4. ___________ will be the repositories for all F.O. photographs until further notice.

Back 286

central records

Front 287

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.

Back 287

"correction" or "amendment"

Front 288

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

Back 288

need to know info for supervisors

Front 289

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.

Back 289

quarterly

Front 290

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.

Back 290

Communication supervisor on duty

Front 291

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.

Back 291

info only

Front 292

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.

Back 292

Priority ONE

Front 293

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.

Back 293

TWO

Front 294

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.

Back 294

THREE

Front 295

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.

Back 295

FOUR

Front 296

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.

Back 296

TLETS/NLETS AND TCIC/NCIC

Front 297

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.

Back 297

a. class B/2nd degree felony

Front 298

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

Back 298

forty-eight (48)

Front 299

Operational control and administration of the Emergency Notification system will be the responsibility of the _______________.

Back 299

Assistant Communication Manager

Front 300

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.

Back 300

Life Threatening

Front 301

G.O. Emergency Notification Definitions:
___________ - The software system used for personnel to call in, fax broadcast, and other group notifications.

Back 301

Communicator

Front 302

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.

Back 302

GeoNotify

Front 303

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.

Back 303

Officer-Involved Criminal Unit (OICU)

Front 304

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.

Back 304

info only