CCP chapter 2-7

SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS

Art. 2B.0201. DEFINITIONS

1. Electronic Recording

   • An audiovisual electronic recording or an audio recording if audiovisual is unavailable.

   • Must be:

   • Authentic

   • Accurate

   • Unaltered

2. Law Enforcement Agency

   • Agency of the state, county, municipality, or other political subdivision employing peace officers.

   • Officers conduct custodial interrogations during routine performance of their duties.

3. Place of Detention

   • Police station or building operated by law enforcement for detention related to suspected penal law violation.

   • Excludes courthouses.

Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION REQUIRED; EXCEPTIONS

(a) Recording Requirement

• Law enforcement agencies must create a complete and contemporaneous electronic recording of custodial interrogations unless good cause makes it infeasible.

• Applies to interrogations in detention places regarding individuals suspected or charged with specific offenses.

(b) Complete Recording Requirements

• Recording is complete if:

  1. Begins at or before the time the individual enters area for interrogation or receives required warnings.

  2. Continues until the interrogation ends.

(c) Definition of Good Cause for Infeasibility

• Good cause includes:

  1. Individual refuses cooperation while recording attempted.

  • Requirement for contemporaneous recording of refusal or written documentation is needed.

  1. Statement made not as a result of custodial interrogation (e.g., spontaneous statements).

  2. Equipment failure or incorrect operation during recording attempt.

  3. Exigent public safety concerns that prevent recording.

  4. Belief that the individual is not under custody for specified offenses at the start of interrogation.

Art. 2B.0203. PUBLIC DISCLOSURE

• Recordings complying with this subchapter are exempt from public disclosure as per Section 552.108, Government Code.

SUBCHAPTER F. USE OF FORCE

Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED

(a) Duty to Intervene

• Peace officers must intervene to stop or prevent excessive force used by another officer against a suspected offender if:

  1. Force exceeds what is reasonable.

  2. Officer knows or should know that this use of force:

  • Violates state or federal law.

  • Poses injury risk without immediate necessity.

  • Is not needed for apprehension of the person.

(b) Reporting Requirement

• An officer witnessing excessive force must file a detailed report to the supervisor.

Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST PROHIBITED

• Choke holds and similar neck restraints are prohibited unless necessary to prevent serious bodily injury or death of officers or others.

Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE

(a) Definitions

1. Drone

   • Unmanned aircraft, watercraft, or ground vehicle controlled remotely or autonomously.

2. Law Enforcement Agency

   • Authorized agency authorized by law to employ peace officers.

(b) Policy Requirement

• Agencies using drones for law enforcement must adopt and periodically update a written policy on use of force before using a drone.

• Policy submission due by January 1 of even-numbered years.

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 4. COURTS AND CRIMINAL JURISDICTION

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION

1. Court of Criminal Appeals

2. Courts of Appeals (excluding 15th Court of Appeals District)

3. District Courts

4. Criminal District Courts

5. Certain Magistrates appointed by district court judges in select counties.

6. County Courts

7. County Courts at Law with criminal jurisdiction

8. County Criminal Courts

9. Justice Courts

10. Municipal Courts

11. Additional Magistrates appointed in specific counties.

Art. 4.02. EXISTING COURTS CONTINUED

• No courts shall be abolished by the Code; jurisdiction, organization, terms, and powers must remain as currently exist unless legally modified.

Art. 4.03. COURTS OF