John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
Federal And State Criminal Defense
Phone # (713) 224-0101
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CODE OF CRIMINAL PROCEDURE CHAPTER 6.
PREVENTING OFFENSES BY THE ACT OF MAGISTRATES AND OTHER OFFICERS
Art. 6.01. [72] [117] [107] 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. [73] [119] [109] 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. [74] [118] [108] 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. [75] [120] [110] 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. [76] [121] [111] 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. [77] [122] [112] 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. [78] [123] [113] 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.
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