Code of Criminal Procedure 2B-7

These flashcards cover key definitions, laws, responsibilities, and procedures related to the Code of Criminal Procedure, specifically focusing on custodial interrogations, use of force, and family violence prevention.

What is the definition of 'Electronic recording' in this subchapter?

An audiovisual electronic recording, or an audio recording if audiovisual recording is unavailable, that is authentic, accurate, and unaltered.

What does 'Law enforcement agency' mean according to the Code?

An agency of the state, a county, municipality, or other political subdivision that employs peace officers who conduct custodial interrogations.

What is defined as a 'Place of detention'?

A police station or other building where a law enforcement agency operates to detain individuals suspected of violating a penal law.

What is required from law enforcement agencies regarding electronic recording of custodial interrogations?

They must make a complete electronic recording unless good cause exists that makes it infeasible.

What are some offenses that require a custodial interrogation recording?

Murder, capital murder, kidnapping, aggravated kidnapping, trafficking of persons, and sexual assault among others.

When must an electronic recording of a custodial interrogation begin?

At or before the time the individual enters the area for interrogation or receives a warning, whichever is earlier.

What constitutes 'good cause' for not recording a custodial interrogation?

Examples include refusal to cooperate, recording equipment failure, exigent safety concerns, or belief of non-custodial interrogation.

What is the purpose of public disclosure exemptions for custodial interrogation recordings?

A recording complies with this subchapter and is exempt from public disclosure due to privacy or sensitive information concerns.

What is the duty of a peace officer regarding excessive force?

To intervene to stop another officer from using excessive force against a person suspected of committing an offense.

What is prohibited regarding the use of neck restraints by peace officers?

Intentionally using a choke hold, carotid artery hold, or similar neck restraint unless necessary to prevent serious bodily injury.

What is defined as a 'Drone' in law enforcement context?

An unmanned aircraft, watercraft, or ground vehicle controlled by a human operator or operates autonomously.

What is the required action of law enforcement agencies intending to use drones?

They must adopt a written policy on the use of force by means of a drone before its first use.

Which courts have criminal jurisdiction?

Court of Criminal Appeals, Courts of Appeals, District Courts, and several types of county courts.

What is the jurisdiction of district courts in criminal matters?

They have original jurisdiction in criminal cases of felony grade and specific misdemeanors.

What circumstance allows a misdemeanor case to be tried in a different precinct?

If there is no qualified justice court in the precinct where the offense was committed.

How are original and appellate jurisdictions of county courts defined?

County courts have original jurisdiction of misdemeanors not exclusively assigned to justice courts and appellate jurisdiction from justice and inferior courts.

What must a magistrate do upon hearing a threat?

Immediately notify a peace officer to prevent the injury.

What is the role of peace officers regarding threats made in their presence?

They must prevent the threatened injury using lawful means.

What does the peace bond ensure?

That the accused will keep the peace and may require the payment of money to remain free pending hearings.

What may a magistrate compel when threatening behavior is observed?

To give security or to be committed to custody.

What should a peace officer's report on family violence incidents include?

Names, date, time, location, observable injuries, incident description, and case disposition.

What responsibility does a peace officer have in family violence cases?

To provide victims with information on preventing further violence and resources available.

What happens if an accused fails to provide bond?

They shall be committed to jail for the period mandated by the magistrate.

What is the consequence for violating a condition of bond under the peace bond system?

Punishable by fine, confinement, or both, including possible bond forfeiture.

What must happen if a suspect is identified as a military member in a family violence case?

The officer must notify the military installation's staff judge advocate.

What is stated about mediation in family violence cases according to the law?

Courts cannot refer victims or defendants to mediation or similar processes in family violence criminal cases.

What is the role of prosecuting attorneys regarding family violence allegations?

They should not delay or dismiss proceedings regardless of civil cases pending.

What does family violence mean in this context?

Defined as when a family member is threatened or harmed, entitling the victim to legal protection.

What type of relationships does family violence law focus on?

Family and household relationships, regardless of the relationship's nature.

How does the law ensure protection for victims of family violence?

By mandating police and judicial officers to prioritize victim protection in their responses.

What legislative changes impact family violence laws?

Amendments providing clearer definitions, procedures, and duties of law enforcement and attorneys.

What punitive measures do courts have for breaches in bond conditions?

Forfeiture of the bond and possible additional penalties, like contempt.

How shall the law treat statutes regarding the handling of family violence cases?

It grants victims the maximum protection permitted by law without bias.

What must courts do if they find no good reason to apprehend a threat?

They must discharge the accused at the hearing.

What is the effect of a magistrate's decision if they find serious threats?

Set bond conditions and continue monitoring the accused to prevent reoffending.

What ensures victims' access to information regarding protective orders?

Established procedures for officers to confirm the existence of protective orders.

What must each law enforcement agency maintain concerning family violence?

A departmental code to identify and retrieve family violence reports.

What action is required from a prosecuting attorney before proceeding with family violence complaints?

They must file without regard for related civil proceedings.

What obligations do officers have post-family violence incident investigations?

To compile reports and inform protective services when children are involved.

What types of offenses are included under family violence law definitions?

Acts of harm, threats, or abuse against household or family members.