CHAPTER 8. SUPPRESSION OF RIOTS AND OTHER DISTURBANCES - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 8. SUPPRESSION OF RIOTS AND OTHER DISTURBANCES

Art. 8.01. OFFICER MAY REQUIRE AID. When any officer authorized

to execute process is resisted, or when he has sufficient reason

to believe that he will meet with resistance in executing the

same, he may command as many of the citizens of his county as he

may think proper; and the sheriff may call any military company

in the county to aid him in overcoming the resistance, and if

necessary, in seizing and arresting the persons engaged in such

resistance.

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

Art. 8.02. MILITARY AID IN EXECUTING PROCESS. If it be

represented to the Governor in such manner as to satisfy him that

the power of the county is not sufficient to enable the sheriff

to execute process, he may, on application, order any military

company of volunteers or militia company from another county to

aid in overcoming such resistance.

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

Art. 8.03. MILITARY AID IN SUPPRESSING RIOTS. Whenever, for the

purpose of suppressing riots or unlawful assemblies, the aid of

military or militia companies is called, they shall obey the

orders of the civil officer who is engaged in suppressing the

same.

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

Art. 8.04. DISPERSING RIOT. Whenever a number of persons are

assembled together in such a manner as to constitute a riot,

according to the penal law of the State, it is the duty of every

magistrate or peace officer to cause such persons to disperse.

This may either be done by commanding them to disperse or by

arresting the persons engaged, if necessary, either with or

without warrant.

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

Art. 8.05. OFFICER MAY CALL AID. In order to enable the officer

to disperse a riot, he may call to his aid the power of the

county in the same manner as is provided where it is necessary

for the execution of process.

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

Art. 8.06. MEANS ADOPTED TO SUPPRESS. The officer engaged in

suppressing a riot, and those who aid him are authorized and

justified in adopting such measures as are necessary to suppress

the riot, but are not authorized to use any greater degree of

force than is requisite to accomplish that object.

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

Art. 8.07. UNLAWFUL ASSEMBLY. The Articles of this Chapter

relating to the suppression of riots apply equally to an unlawful

assembly and other unlawful disturbances, as defined by the Penal

Code.

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

Art. 8.08. SUPPRESSION AT ELECTION. To suppress riots, unlawful

assemblies and other disturbances at elections, any magistrate

may appoint a sufficient number of special constables. Such

appointments shall be made to each special constable, shall be in

writing, dated and signed by the magistrate, and shall recite the

purposes for which such appointment is made, and the length of

time it is to continue. Before the same is delivered to such

special constable, he shall take an oath before the magistrate to

suppress, by lawful means, all riots, unlawful assemblies and

breaches of the peace of which he may receive information, and to

act impartially between all parties and persons interested in the

result of the election.

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

Art. 8.09. POWER OF SPECIAL CONSTABLE. Special constables so

appointed shall, during the time for which they are appointed,

exercise the powers and perform the duties properly belonging to

peace officers.

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