Texas Code of Criminal Procedure - Article 5.05. Reports And Records
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Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who
investigates a family violence incident or who responds to a
disturbance call that may involve family violence shall make a
written report, including but not limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries; and
(4) a description of the incident and a statement of its
disposition.
(b) Each local law enforcement agency shall establish a
departmental code for identifying and retrieving family violence
reports as outlined in Subsection (a) of this section. A district
or county attorney or an assistant district or county attorney
exercising authority in the county where the law enforcement agency
maintains records under this section is entitled to access to the
records.
(c) In order to ensure that officers responding to calls are
aware of the existence and terms of protective orders, each
municipal police department and sheriff shall establish procedures
within the department or office to provide adequate information or
access to information for law enforcement officers of the names of
persons protected by a protective order and of persons to whom
protective orders are directed.
(d) Each law enforcement officer shall accept a certified
copy of an original or modified protective order as proof of the
validity of the order and it is presumed the order remains valid
unless:
(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was
issued; or
(3) the law enforcement officer has been notified by the
clerk of the court vacating the order that the order has been
vacated.
(e) A peace officer who makes a report under Subsection (a)
of this article shall provide information concerning the incident
or disturbance to the bureau of identification and records of the
Department of Public Safety for its recordkeeping function under
Section 411.042, Government Code. The bureau shall prescribe the
form and nature of the information required to be reported to the
bureau by this article.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 614, Sec. 27, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 739, Sec. 8, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, Sec. 8.01, eff. Sept. 1, 1993.
Article: 4.17 4.18 5.01 5.02 5.03 5.04 5.045 5.05 5.06 5.07 5.08 6.01 6.02 6.03 6.04
Last modified: August 10, 2007
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