Title CR, Code of Criminal Procedure

Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES. A general duty prescribed for an officer by Chapter 2A is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alle…

Art. 5.04. DUTIES OF PEACE OFFICERS. (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 protect any potential victim of family violence, enforce the law of this stat…

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 …

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 …

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…

Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES. Notwithstanding Article 26.13(g) or 42A.301(b)(15), in a criminal prosecution arising from family violence, as that term is defined by Section 71.004, Family Code, a court shall not refer or order the victim or the defendant involved…

Art. 5A.001. LEGISLATIVE STATEMENT. (a) Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection as permitted by law from harm or abuse or the threat of harm or abuse. (b) In any law enforcement, …

Art. 5A.002. DEFINITIONS. In this chapter, "family," "family violence," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027. Text of article effecti…

Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER INVESTIGATING FAMILY VIOLENCE. 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: (1) protect any potential victim of famil…

Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY OR HOUSEHOLD RELATIONSHIP. (a) A general duty prescribed for an officer by Chapter 2A is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged viol…

Art. 5A.005. FOSTER HOME ADDRESS INQUIRY. A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of a person involved in the allegation or call matches the address of…

Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM. (a) 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 violenc…

Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF PROTECTIVE ORDERS. (a) To ensure that a peace officer responding to a disturbance call is aware of the existence and terms of any protective order, each municipal police department and sheriff shall establish procedures withi…

Art. 5A.008. STANDBY ASSISTANCE; LIABILITY. (a) In a peace officer's discretion, 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 safe…

Art. 5A.009. REQUIRED REPORTS. (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 that includes: (1) the names of the suspect and complainant; (2) the date, time, and l…

Art. 5A.010. ACCESS TO RECORDS. (a) Each local law enforcement agency shall establish a departmental code for identifying and retrieving a written report made under Article 5A.009(a). (b) A district or county attorney with jurisdiction in the county where the law enforcement agen…

Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR FILING APPLICATIONS FOR PROTECTIVE ORDERS. The prosecuting attorney who has responsibility under Section 81.007, Family Code, for filing an application for a protective order under Title 4, Family Code, shall provide notice o…

Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER: PROHIBITED CONSIDERATION; AUTHORITY TO REQUIRE INFORMATION. A prosecuting attorney's decision to file an application for a protective order under Title 4, Family Code, should be made without regard to whether a criminal compla…

Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED ON STATUS OF CERTAIN CIVIL PROCEEDINGS PROHIBITED. A prosecuting attorney or a court may not: (1) dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes family violence because a ci…

Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION, DISPUTE RESOLUTION, OR SIMILAR PROCEDURE PROHIBITED IN CRIMINAL PROSECUTION. Notwithstanding Article 26.13(g) or 42A.301(b)(14), in a criminal prosecution arising from family violence a court may not refer or order the victim or th…

Art. 5B.001. ENFORCEMENT PROHIBITED IN CERTAIN LOCATIONS. Notwithstanding any other law, a peace officer may not arrest or detain a person for purposes of enforcing a provision of Chapter 51, Penal Code, if the person is on the premises or grounds of: (1) a public or private prim…

Art. 5B.002. ORDER TO RETURN TO FOREIGN NATION. (a) A magistrate during a person's appearance under Article 14.06 or 15.17 may, after making a determination that probable cause exists for arrest for an offense under Section 51.02 or 51.03, Penal Code, order the person released fr…

Art. 5B.003. ABATEMENT OF PROSECUTION ON BASIS OF IMMIGRATION STATUS DETERMINATION PROHIBITED. A court may not abate the prosecution of an offense under Chapter 51, Penal Code, on the basis that a federal determination regarding the immigration status of the defendant is pending …

Art. 5C.001. INFORMATION TO BE INCLUDED IN JUDGMENT OR ORDER. For an offense under Section 31.23 or 32.60, Penal Code, the judgment of conviction or order of deferred adjudication must include: (1) the street address or legal description of the real property that the court finds …

Art. 5C.002. JUDGMENT OR ORDER TO BE FILED WITH COUNTY CLERK. Not later than the 10th day after the date the court enters a judgment of conviction or order of deferred adjudication for an offense under Section 31.23 or 32.60, Penal Code, the prosecutor or court clerk, as determin…

Art. 5C.003. EFFECT OF NONCOMPLIANCE. A judgment of conviction or order of deferred adjudication for an offense under Section 31.23 or 32.60, Penal Code, is not invalid solely because the judgment or order fails to comply with Article 5C.001 or 5C.002. Added by Acts 2025, 89th Le…

Art. 6.01. WHEN MAGISTRATE HEARS THREAT. It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to do some injury to himself or the person or property of another, including the person or property of his spouse, immedia…

Art. 6.02. THREAT TO TAKE LIFE. If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the magistrate shall issue a warrant for the arrest of the person making the threat, or in case of emergency, h…

Art. 6.03. ON ATTEMPT TO INJURE. Whenever, in the presence or within the observation of a magistrate, an attempt is made by one person to inflict an injury upon himself or to the person or property of another, including the person or property of his spouse, it is his duty to use …

Art. 6.04. MAY COMPEL OFFENDER TO GIVE SECURITY. When the person making such threat is brought before a magistrate, he may compel him to give security to keep the peace, or commit him to custody. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 6.05. DUTY OF PEACE OFFICER AS TO THREATS. It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of …

Art. 6.06. PEACE OFFICER TO PREVENT INJURY. Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to p…

Art. 6.07. CONDUCT OF PEACE OFFICER. The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. They may use all force…

Art. 6.10. EDUCATIONAL PROGRAMS CONCERNING CERTAIN OFFENSES COMMITTED BY MINORS; MANDATORY COURT ATTENDANCE. (a) In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. The term does not include a parent whose parental …

Art. 7.01. SHALL ISSUE WARRANT. Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant, or of another, or that any person has threatened to commit an offense, the magistrate shall immediately issue a wa…

Art. 7.02. APPEARANCE BOND PENDING PEACE BOND HEARING. In proceedings under this Chapter, the accused shall have the right to make an appearance bond; such bond shall be conditioned as appearance bonds in other cases, and shall be further conditioned that the accused, pending the…

Art. 7.03. ACCUSED BROUGHT BEFORE MAGISTRATE. When the accused has been brought before the magistrate, he shall hear proof as to the accusation, and if he be satisfied that there is just reason to apprehend that the offense was intended to be committed, or that the threat was ser…

Art. 7.04. FORM OF PEACE BOND. Such bond shall be sufficient if it be payable to the State of Texas, conditioned as required in said order of the magistrate, be for some certain sum, and be signed by the defendant and his surety or sureties and dated, and the provisions of Articl…

Art. 7.05. OATH OF SURETY; BOND FILED. The officer taking such bond shall require the sureties of the accused to make oath as to the value of their property as pointed out with regard to bail bonds. Such officer shall forthwith deposit such bond and oaths in the office of the cle…

Art. 7.06. AMOUNT OF BAIL. The magistrate, in fixing the amount of such bonds, shall be governed by the pecuniary circumstances of the accused and the nature of the offense threatened or about to be committed. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.07. SURETY MAY EXONERATE HIMSELF. A surety upon any such bond may, at any time before a breach thereof, exonerate himself from the obligations of the same by delivering to any magistrate of the county where such bond was taken, the person of the defendant; and such magistr…

Art. 7.08. FAILURE TO GIVE BOND. If the defendant fail to give bond, he shall be committed to jail for one year from the date of the first order requiring such bond. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 7.09. DISCHARGE OF DEFENDANT. A defendant committed for failing to give bond shall be discharged by the officer having him in custody, upon giving the required bond, or at the expiration of the time for which he has been committed. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 7…

Art. 7.10. MAY DISCHARGE DEFENDANT. If the magistrate believes from the evidence that there is no good reason to apprehend that the offense was intended or will be committed, or that no serious threat was made by the defendant, he shall discharge the accused, and may, in his disc…

Art. 7.13. WHEN THE DEFENDANT HAS COMMITTED A CRIME. If it appears from the evidence before the magistrate that the defendant has committed a criminal offense, the same proceedings shall be had as in other cases where parties are charged with crime. Acts 1965, 59th Leg., vol. 2, …

Art. 7.14. COSTS. If the accused is found subject to the charge and required to give bond, the costs of the proceedings shall be adjudged against him. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.