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Texas Code of Criminal Procedure - Article 5.06. Duties Of Prosecuting Attorneys And Courts

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 5.06. Duties Of Prosecuting Attorneys And Courts

Art. 5.06. DUTIES OF PROSECUTING ATTORNEYS AND COURTS.  (a) 
Neither a prosecuting attorney nor a court may:
	(1)  dismiss or delay any criminal proceeding that involves a 
prosecution for an offense that constitutes family violence because 
a civil proceeding is pending or not pending;  or
	(2)  require proof that a complaining witness, victim, or 
defendant is a party to a suit for the dissolution of a marriage or a 
suit affecting the parent-child relationship before presenting a 
criminal allegation to a grand jury, filing an information, or 
otherwise proceeding with the prosecution of a criminal case.
	(b)  A prosecuting attorney's decision to file an 
application for a protective order under Chapter 71, Family Code, 
should be made without regard to whether a criminal complaint has 
been filed by the applicant.  A prosecuting attorney may require the 
applicant to provide information for an offense report, relating to 
the facts alleged in the application, with a local law enforcement 
agency.
	(c)  The prosecuting attorney having responsibility under 
Section 71.04(c), Family Code, for filing applications for 
protective orders under Chapter 71, Family Code, shall provide 
notice of that responsibility to all law enforcement agencies 
within the jurisdiction of the prosecuting attorney for the 
prosecuting attorney.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 614, Sec. 28, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 739, Sec. 9, eff. Sept. 1, 1989;  
Acts 1995, 74th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1995;  Acts 
1995, 74th Leg., ch. 1024, Sec. 25, eff. Sept. 1, 1995.

Last modified: August 10, 2007