CHAPTER 6. PREVENTING OFFENSES BY THE ACT OF MAGISTRATES AND OTHER OFFICERS - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 6. PREVENTING OFFENSES BY THE ACT OF MAGISTRATES AND

OTHER OFFICERS

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, immediately to give notice to some peace officer,

in order that such peace officer may use lawful means to prevent

the injury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff.

Sept. 1, 1979.

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, he may himself immediately

arrest such person.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff.

Sept. 1, 1979.

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 all lawful means to prevent the

injury. This may be done, either by verbal order to a peace

officer to interfere and prevent the injury, or by the issuance

of an order of arrest against the offender, or by arresting the

offender; for which purpose he may call upon all persons present

to assist in making the arrest.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff.

Sept. 1, 1979.

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 his spouse, to prevent the

threatened injury, if within his power; and, in order to do this,

he may call in aid any number of citizens in his county. He may

take such measures as the person about to be injured might for

the prevention of the offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff.

Sept. 1, 1979.

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 prevent it; and, for this

purpose the peace officer may summon any number of the citizens

of his county to his aid. The peace officer must use the amount

of force necessary to prevent the commission of the offense, and

no greater.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff.

Sept. 1, 1979.

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 necessary to repel the

aggression.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR

PREJUDICE. (a) At any proceeding in which the defendant appears

in constitutional county court, statutory county court, or

district court that is related to an offense under Title 5, Penal

Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it

is alleged that the defendant committed the offense because of

bias or prejudice as described by Article 42.014, a person may

request the court to render a protective order under Title 4,

Family Code, for the protection of the person.

(b) The court shall render a protective order in the manner

provided by Title 4, Family Code, if, in lieu of the finding that

family violence occurred and is likely to occur in the future as

required by Section 85.001, Family Code, the court finds that

probable cause exists to believe that an offense under Title 5,

Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,

occurred, that the defendant committed the offense because of

bias or prejudice, and that the nature of the scheme or course of

conduct engaged in by the defendant in the commission of the

offense indicates that the defendant is likely to engage in the

future in conduct prohibited by Title 5, Penal Code, or Section

28.02, 28.03, or 28.08, Penal Code, and committed because of bias

or prejudice.

(c) The procedure for the enforcement of a protective order under

Title 4, Family Code, applies to the fullest extent practicable

to the enforcement of a protective order under this article,

including provisions relating to findings, contents, duration,

warning, delivery, law enforcement duties, and modification,

except that:

(1) the printed statement on the warning must refer to the

prosecution of subsequent offenses committed because of bias or

prejudice;

(2) the court shall require a constable to serve a protective

order issued under this article; and

(3) the clerk of the court shall forward a copy of a protective

order issued under this article to the Department of Public

Safety with a designation indicating that the order was issued to

prevent offenses committed because of bias or prejudice.

(d) For an original or modified protective order rendered under

this article, on receipt of the order from the clerk of the

court, a law enforcement agency shall immediately, but not later

than the 10th day after the date the order is received, enter the

information required by Section 411.042(b)(6), Government Code,

into the statewide law enforcement information system maintained

by the Department of Public Safety.

Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.01, eff. Sept. 1,

2001.