Texas Supplemental Peace Officer Course

Course Number 1018 Minimum Hours 120 TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Revised June 2006

Abstract This instructor guide is designed to provide the student with the information required to become eligible to attempt the Texas Peace Officer licensing exam. Note to Training Providers: This instructor guide is designed as a standardized outline for all training providers; however instructors are expected to develop detailed lesson plans that supplement this outline. Of the 29 current Basic Peace Officer Topics (618 training hours), these 7 are specific to Texas. However you are required to pass the same licensing exam as all other applicants, so it is suggested that you study all the topical areas. The topic areas of Arrest, Search, and Seizure; Patrol; and Criminal Investigation are considered to be generic however these areas are important parts of the exam. The entire Basic Peace Officer Course can be found on the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) website, www.tcleose.state.tx.us Code of Criminal Procedure Penal Code Traffic Alcoholic Beverage Code Health and Safety Code Controlled Substances Act Family Code Juvenile Issues Family Violence and Related Assaultive Offenses Target Population:

Out of state peace officers, federal agents or officers and Military Police Waivers desiring to become licensed peace officers in Texas. Must demonstrate a successful completion of a state POSTapproved (or state licensing authority) basic police officer training academy (with equivalent course topics and hours of training); and Must be currently licensed or certified as a peace officer by a state POST (or state licensing authority); and The license or certificate must never have been, or currently in the process of being surrendered, suspended, or revoked; and Have honorably served (employed; benefits eligible) as a sworn peace officer for twelve consecutive months, following initial basic training, with an agency in the state where the license or certificate was issued; and Have successfully completed a Supplementary Peace Officer training course, the curriculum of which is developed by TCLEOSE.

Other State PreRequisites:

Other State PreRequisites:

In addition, the licensee or certificate holder must meet all other statutory licensing requirements of the State of Texas and TCLEOSE Rules (See Texas Occupations Code and Commission Rules; available on the web site: www.tcleose.state.tx.us ).

Pre-Requisites for Federal Agents:

The Texas Code of Criminal Procedures Section 2.122 recognizes named criminal investigators of the United States as having authority to enforce selected state laws by virtue of their authority. The individuals listed are deemed to have the equivalent training for licensure consideration: (1.) (2.) (3.) (4.) (5.) (6.) (7.) (8.) (9.) (10.) (11.) (12.) (13.) (14.) (15.) (16.) Special Agents of the Federal Bureau of Investigation; Special Agents of the Secret Service; Special Agents of the United States Customs Service; Special Agents of Alcohol, Tobacco and Firearms; Special Agents of the Federal Drug Enforcement Agency; Inspectors of the United States Postal Service; Special Agents of the Criminal Investigation Division and Inspectors of the Internal Security Division of the Internal Revenue Service; Civilian Special Agents of the United States Naval Investigative Service; Marshals and Deputy Marshals of the United States Marshals Service; Special Agents of the United States Immigration and Naturalization Service; Special Agents of the United States Department of State, Bureau of Diplomatic Security A person designated as a Special Policeman by the Federal Protective Service of the General Services Administration under 40 U.S.C. Section 318 or 318d; A customs inspector of the United States Customs Service or a Border Patrolman or Immigration Officer of the United States Department of Justice; A commissioned law enforcement officer of the National Parks Service A Special Agent or Law Enforcement Officer of the United States Forest Service; and Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission

Pre-Requisites for Federal Agents

Qualifying Federal Officers must: (1.) Have successfully completed an approved Federal Agency Law Enforcement training course (equivalent course topics and hours); and must be subject to continued employment or eligible for re-hire (excluding retirement); and Have honorably served (employed; benefits eligible) in one of the above federal capacities for twelve consecutive months, following initial basic training; and Have successfully completed a Supplementary Peace Officer training course, the curriculum of which is developed by TCLEOSE.

(2.) (3.)

In addition, the licensee or certificate holder must meet all other statutory licensing requirements of the State of Texas and TCLEOSE rules (See Texas Occupations Code and Commission Rules; available on the web site: www.tcleose.state.tx.us ).
Length of Course: Facility Requirements: A minimum of 120 hours. Classroom

Evaluation Process and Procedures: The training provider will develop all course exams. Acknowledgments: The Commission wishes to thank Dr. Ivan Messer for his work in updating the Course 1018 curriculum from the original 1980 course. Reference Materials: current Texas Basic Peace Officer Course

1. Code of Criminal Procedure Unit Goal: 1.1. The student will have an understanding of the statutory authority for administration of criminal procedure as enumerated by the Texas Code of Criminal Procedure (CCP). 1.1.1 Identify the basis for administration of criminal procedure in Texas. Short title - CCP 1.01 Effective date - CCP 1.02 Object of this code - CCP 1.03

1.1.2 Identify the basic rights enumerated in the CCP. Due course of law - CCP 1.04 Rights of accused - CCP 1.05 Right to representation by counsel - CCP 1.051 Searches and seizures - CCP 1.06 Right to bail - CCP 1.07 Habeas corpus - CCP 1.08 Cruelty forbidden - CCP 1.09 Jeopardy - CCP 1.10 Acquittal a bar - CCP 1.11 Right to jury - CCP 1.12 Waiver of trial by jury - CCP 1.13 Waiver of rights - CCP 1.14 Waiver of indictment for noncapital felony - CCP 1.141 Jury in felony - CCP 1.15 Liberty of speech and press - CCP 1.16 Religious belief - CCP 1.17 Outlawry and transportation - CCP 1.18 Privilege of legislators - CCP 1.21 Dignity of State - CCP 1.23 Public trial - CCP 1.24 Confronted by witnesses - CCP 1.25 Common law governs - CCP 1.27

Unit Goal: 1.2 The student will have an understanding of the general duties and responsibilities for officers as enumerated by the CCP. 1.2.1 Identify who are magistrates and their duties. Who are magistrates - CCP 2.09 Duty of magistrates - CCP 2.10 Examining court - CCP 2.11

1.2.2 Identify who are peace officers. Who are peace officers - CCP 2.12 Railroad peace officers - CCP 2.121 Special investigators - CCP 2.122

Adjunct police officers - CCP 2.123 Peace officers from adjoining states - CCP 2.124

1.2.3 List the duties of peace officers. Duties and powers - CCP 2.13 May summon aid - CCP 2.14 Person refusing to aid - CCP 2.15 Neglecting to execute process - CCP 2.16 Conservator of the peace - CCP 2.17 Custody of prisoners - CCP 2.18 Deputy - CCP 2.20 Investigation of certain reports alleging child abuse - CCP 2.27 Duties regarding misused identity - CCP 2.28

1.2.4 List the duties of peace officers relating to Racial Profiling. Racial profiling - CCP 3.05 Racial profiling prohibited - CCP 2.131 Law enforcement policy on racial profiling - CCP 2.132 Reports required for traffic and pedestrian stops - CCP 2.133 Liability - CCP 2.136

1.2.5 List the duties of peace officers relating to Forfeiture of Contraband. Definitions - CCP 59.01 Forfeiture of contraband - CCP 59.02 Seizure of contraband - CCP 59.03 Notification of forfeiture proceeding - CCP 59.04

Unit Goal: 1.3 The student will understand the courts and their criminal jurisdiction. 1.3.1 Identify courts which have criminal jurisdiction. What courts have criminal jurisdiction - CCP 4.01

1.3.2 Identify the jurisdiction of the Courts of Appeals. Courts of Appeals - CCP 4.03

1.3.3 Identify the jurisdiction of the Court of Criminal Appeals. Court of Criminal Appeals - CCP 4.04

1.3.4 Identify the jurisdiction of district courts. Jurisdiction of district courts - CCP 4.05

1.3.5 Identify the jurisdiction of the county courts. Jurisdiction of county courts - CCP 4.07

Appellate jurisdiction of county courts - CCP 4.08 Appeals from inferior court - CCP 4.09

1.3.6 Identify the jurisdiction of the justice courts. Jurisdiction of justice courts - CCP 4.11 Misdemeanor cases; precinct in which defendant to be tried in justice court- CCP 4.12 Justice may forfeit bond - CCP 4.13

1.3.7 Identify the jurisdiction of municipal courts. Jurisdiction of municipal court - CCP 4.14

Unit Goal: 1.4 The student will understand the procedures to be followed in the prevention and suppression of offenses. 1.4.1 List the duties of officers relating to family violence prevention. Legislative statement - CCP 5.01 Definitions - CCP 5.02 Family or household relationship does not create an exception to official duties CCP 5.03 Duties of peace officers - CCP 5.04 Standby assistance; liability - CCP 5.045 Reports and records - CCP 5.05 Venue for protective order offenses - CCP 5.07

1.4.2 List the duties of officers relating to threats of injury or death to persons or damage to property. Duty of peace officer as to threats - CCP 6.05 Peace officer to prevent injury - CCP 6.06 Conduct of peace officer - CCP 6.07 Protective order prohibiting offense caused by bias or prejudice - CCP 6.08

1.4.3 List the duties of officers relating to suppression of riots and other disturbances. Officer may require aid - CCP 8.01 Dispersing riot - CCP 8.04 Officer may call aid - CCP 8.05 Means adopted to suppress - CCP 8.06 Unlawful assembly - CCP 8.07 Power of special constable - CCP 8.09

1.4.4 List the duties of officers relating to protective orders for victims of sexual assault. Application for protective order - CCP 7A.01 Temporary ex parte order - CCP 7A.02 Required findings; issuance of protective order - CCP 7A.03 Application of other law - CCP 7A.04

Conditions specified by order - CCP 7A.05 Warning on protective order - CCP 7A.06

Unit Goal: 1.5. The student will understand the time limitations relating to felonies and misdemeanors. 1.5.1 Identify the time limitations relating to felony offenses. Felonies - CCP 12.01

1.5.2 Identify the time limitations relating to misdemeanor offenses. Misdemeanors- CCP 12.02

1.5.3 Identify the time limitations relating to aggravated offenses, attempt, conspiracy, solicitation, and organized criminal activity. Aggravated offenses, attempt, conspiracy, solicitation, organized criminal activity CCP 12.03

Unit Goal: 1.6 The student will understand the requirements and procedures for arrests without and with a warrant of arrest. 1.6.1 List the duties of officers relating to arrest without warrant. Offense within view - CCP 14.01 Within view of magistrate - CCP 14.02 Authority of peace officers - CCP 14.03 Public intoxication - CCP 14.031 When felony has been committed - CCP 14.04 Rights of officer - CCP 14.05 Arrest by peace officer from other jurisdiction - CCP 14.051 Must take offender before magistrate - CCP 14.06

1.6.2 List the duties of officers relating to arrest under warrant. Warrant of arrest - CCP 15.01 Requisites of warrant - CCP 15.02 Magistrate may issue warrant or summons - CCP 15.03 Warrant extends to every part of the state - CCP 15.06 Warrant issued by other magistrate - CCP 15.07 Warrant may be telegraphed - CCP 15.08 Complaint by telegraph - CCP 15.09 Warrant or complaint must be under seal - CCP 15.12 How warrant is executed - CCP 15.16 Duties of arresting officer and magistrate - CCP 15.17 Arrest for out-of-county offense - CCP 15.18 Notice of arrest - CCP 15.19 Duty of sheriff receiving notice - CCP 15.20

Prisoner discharged if not timely demanded - CCP 15.21 When a person is arrested - CCP 15.22 Time of arrest - CCP 15.23 What force may be used - CCP 15.24 May break door - CCP 15.25 Authority to arrest must be made known - CCP 15.26 Notification to schools required - CCP 15.27

Unit Goal: 1.7. The student will understand the requirements and procedures for search warrants. 1.7.1 List the duties of officers relating to search warrants. Search warrant - CCP 18.01 Grounds for issuance - CCP 18.02 Issuance of search warrant to photograph injured child - CCP 18.021 Search warrant may authorize arrest - CCP 18.03 Contents of warrant - CCP 18.04 Warrants for fire, health, and code inspections - CCP 18.05 Execution of warrants- CCP 18.06 Days allowed for warrant to run - CCP 18.07 Power of officer executing warrant - CCP 18.08 Shall seize accused and property - CCP 18.09 How return made - CCP 18.10 Custody of property found - CCP 18.11 Testing for communicable diseases following certain arrests - CCP 18.22

Unit Goal: 1.8 The student will understand court processes as they relate to criminal offenses. 1.8.1 Explain court papers relating to offenses. Complaint - CCP 15.04 Requisites of complaint - CCP 15.05 Requiring polygraph examination of complainant prohibited - CCP 15.051 Commitment - CCP 16.20 Indictment - CCP 21.01 Information - CCP 21.20 Information based upon complaint - CCP 21.22 Joinder of certain offenses - CCP 21.24 Definition of a capias - CCP 23.01 Its requisites - CCP 23.02

1.8.2 Explain court papers relating to witnesses. Issuance of subpoenas - CCP 24.01 Subpoenas; child witnesses - CCP 24.011 Subpoena duces tecum - CCP 24.02 Service and return of subpoena - CCP 24.04 Refusing to obey - CCP 24.05

Requisites of an attachment - CCP 24.11 Duty of officer receiving said subpoena - CCP 24.17

1.8.3 Explain the bail procedure. Definition of bail - CCP 17.01 Release on bond of certain persons arrested without a warrant - CCP 17.033 Rules for fixing amount of bail - CCP 17.15 Bail in misdemeanor - CCP 17.20 Bail in felony - CCP 17.21 May take bail in felony - CCP 17.22 Accused liberated - CCP 17.29 Further detention of certain persons - CCP 17.291 Magistrates order for emergency protection - CCP 17.292 Crime victims rights - CCP 56.02 (a)(2), (4)

Unit Goal: 1.9. The student will understand the process relating to inquests upon dead bodies. 1.9.1 Identify requirements for an inquest. Definitions - CCP 49.01 Applicability - CCP 49.02 Deaths requiring an inquest - CCP 49.04 Time and place of inquest; removal of property and body from place of death - CCP 49.05 (d), (e), (f) Hindering an inquest - CCP 49.06 Notification of investigating official - CCP 49.07 Evidence - CCP 49.17 Death in custody - CCP 49.18 Warrant of arrest - CCP 49.19 Office of death investigator - CCP 49.23 Medical examiners - CCP 49.25 Sections 6, 7, 8, and 12

Unit Goal: 1.10. The student will understand the process relating to the Sex Offender Registration Program. 1.10.1 Identify requirements for sex offenders. Definitions - CCP 62.01 (1), (4), (5), and (6) Registration - CCP 62.02 (b) Failure to comply with registration requirements - CCP 62.10 Failure to comply: individuals subject to commitment - CCP 62.101

2. Penal Code Unit Goal: 2.1 Understand the Introductory Provisions (Title 1) of the Penal Code (PC). 2.1.1 Identify the organization of the PC. Objectives of code - PC 1.02 Effect of code - PC 1.03 Territorial jurisdiction - PC 1.04

2.1.2 Define the General Provisions of the PC. Computation of age - PC 1.06 Definitions - PC 1.07 (a) (1) - (49), (b)

Note to the instructor: You should use case studies, scenarios, role-play, videos, etc. to reinforce the application of the elements of each offense. NOTE: CCP Art. 21.15 - Must allege acts of recklessness or criminal negligence Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, the complaint, information, or indictment in order to be sufficient in any such case must allege, with reasonable certainty, the act or acts relied upon to constitute recklessness or criminal negligence, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly or with criminal negligence. 2.1.3 Describe the proof required to convict a person of an offense. Burden of Proof - PC 2.01 - 2.05

2.1.4 Define terms as they relate to multiple prosecutions. Multiple Prosecutions - PC 3.01 - 3.04

Unit Goal: 2.2 Understand the General Principles of Criminal Responsibility (Title 2) of the Penal Code. 2.2.1 Determine the culpable mental states. Requirement of voluntary act or omission - PC 6.01 Requirement of culpability - PC 6.02 Definitions of culpable mental states - PC 6.03 Causation: conduct and results - PC 6.04

2.2.2 Identify when one person is Criminally Responsible for Conduct of Another. Parties to offenses - PC 7.01 Criminal responsibility for conduct of another - PC 7.02 Defenses excluded - PC 7.03

2.2.3 Identify General Defenses to Criminal Responsibility.

General Defenses to Criminal Responsibility - PC 8.01 - 8.07

Unit Goal: 2.3 Understand the Punishments (Title 3) of the Penal Code. 2.3.1 Classify offenses and their punishment. Classification of offenses - PC 12.02 Classification of misdemeanors - PC 12.03 Classification of felonies - PC 12.04 Ordinary misdemeanor punishments - PC 12.21 - 12.23 Ordinary felony punishments - PC 12.31 - 12.35 Exceptional sentences - PC 12.41 - 12.49

Unit Goal: 2.4 Understand Inchoate Offenses (Title 4) according to the Penal Code. 2.4.1 Apply the elements of offenses as they relate to inchoate offenses. Preparatory Offenses - PC 15.01 - 15.05 Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device - PC 16.01 - 16.06

Unit Goal: 2.5 Understand Offenses Against the Person (Title 5) according to the Penal Code. 2.5.1 Apply the elements of offenses as they relate to criminal homicide. Criminal Homicide - PC 19.01 - 19.06

2.5.2 Apply the elements of offenses as they relate to kidnapping, unlawful restraint, and trafficking of persons. Kidnapping and Unlawful Restraint - PC 20.01 20.05 Trafficking of Persons - PC 20A.01 20A.02

2.5.3. Apply the elements of offenses as they relate to sexual offenses. Sexual Offenses - PC 21.01, 21.06 21.08, 21.11, 21.12, 21.15

2.5.4 Apply the elements of offenses as they relate to assaultive offenses. Assaultive Offenses - PC 22.01 - 22.12

Unit Goal: 2.6 Understand Offenses Against the Family (Title 6) according to the Penal Code. 2.6.1 Apply the elements of offenses as they relate to offenses against the family. Offenses Against the Family - PC 25.01 - 25.10

Unit Goal: 2.7 Understand Offenses Against Property (Title 7) according to the Penal Code. 2.7.1 Apply the elements of offenses as they relate to arson, criminal mischief, and other property damage or destruction. Arson, Criminal Mischief and Other Property Damage or Destruction - PC 28.01 28.08

2.7.2 Apply the elements of offenses as they relate to robbery. Robbery - PC 29.01 - 29.03

2.7.3 Apply the elements of offenses as they relate to burglary and criminal trespass. Burglary and Criminal Trespass - PC 30.01 - 30.06

2.7.4 Apply the elements of offenses as they relate to theft. Theft - PC 31.01 - 31.15

2.7.5 Apply the elements of offenses as they relate to fraud. Fraud - PC 32.01 - 32.51

Note to the instructor: You should discuss importance of PC 32.03, 32.42, 32.46, 32.48 and 32.49. 2.7.6 Identify the elements of offenses as they relate to computer crimes and telecommunications crimes. Computer Crimes - PC 33.01 33.04 Telecommunications Crimes - PC 33A.01 33A.06

Note to the instructor: Recommend contacting the Office of the Attorney General, Consumer Protection Division (512-463-2185) for additional resource material. Unit Goal: 2.8 Understand Offenses Against Public Administration (Title 8) according to the Penal Code. 2.8.1 Apply the elements of offenses as they relate to bribery and corrupt influence. Bribery and Corrupt Influence - PC 36.01 - 36.10

2.8.2 Apply the elements of offenses as they relate to perjury and other falsification. Perjury and other Falsification - PC 37.01 - 37.13

2.8.3 Apply the elements of offenses as they relate to obstructing governmental operation. Obstructing Governmental Operation - PC 38.01 - 38.19

2.8.4 Apply the elements of offenses as they relate to abuse of office. Abuse of Office - PC 39.01 - 39.06

Unit Goal: 2.9 Understand Offenses Against Public Order and Decency (Title 9) according to the Penal Code. 2.9.1 Apply the elements of offenses as they relate to disorderly conduct and related offenses. Disorderly Conduct and Related Offenses - PC 42 .01 - 42.13

2.9.2 Apply the elements of offenses as they relate to public indecency. Subchapter A. Prostitution - PC 43.01 43.06 Subchapter B. Obscenity - PC 43.21 43.27

Unit Goal: 2.10 Understand Offenses Against Public Health, Safety, and Morals (Title 10) according to the Penal Code. 2.10.1 Apply the elements of offenses as they relate to weapons. Weapons - PC 46.01 - 46.15

2.10.2 Apply the elements of offenses as they relate to gambling. Gambling - PC 47.01 - 47.10

2.10.3 Apply the elements of offenses as they relate to conduct affecting public health. Conduct Affecting Public Health - PC 48.01 - 48.02

2.10.4 Apply the elements of offenses as they relate to intoxication and alcoholic beverage offenses. Intoxication and Alcoholic Beverage Offenses - PC 49.01 - 49.12

Unit Goal: 2.11 Understand Organized Crime (Title 11) according to the Penal Code. 2.11.1 Apply the elements of offenses involving organized crime. Organized Crime - PC 71.01 - 71.05

3. TRAFFIC Hours to include these three blocks of instruction: Laws Accident investigation Direction 3.1 Traffic - Laws Unit Goal: 3.1 The student will have knowledge of traffic laws contained in the Transportation Code (TC) and their applications. 3.1.1 Define the following vehicles in the TC. TC 541.201: Authorized emergency vehicle Bicycle Bus Farm tractor House trailer Implement of husbandry Light truck Moped Motorcycle Motor-driven cycle Motor vehicle Passenger car Pole trailer Road tractor School bus Semitrailer Special mobile equipment Trailer Truck Truck tractor Vehicle 3.1.2 Define the following terms in the TC. Persons - TC 541.001(4), 730.003(5), 680.001(3), 601.002(10) Motor carrier - TC 643.001(6) Operator - TC 545.002 Owner - TC 601.002(9) Pedestrian - TC 541.001(3) Person - TC 601.002(10), 680.001(3), 730.003(5) School crossing guard - TC 541.001(5) Governmental authorities - TC 541.002 o Department o Director o Local authority o Police Officer

o State o Property areas Metropolitan areas - TC 541.101 Restricted districts - TC 541.102 Personal injury - TC 541.401(7) Nonresident - TC 521.001(7)

3.1.3 Define the following terms in the TC, as it relates to traffic, traffic areas, and traffic control. Traffic - TC 541.301 Traffic areas - TC 541.302 o Alley o Crosswalk o Freeway o Freeway main lane o Highway or street o Improved shoulder o Laned roadway o Limited-access or controlled-access highway o Private road or driveway o Ramp o Roadway o Safety zone o School crossing zone o School crosswalk o Shoulder o Sidewalk Arterial street - TC 547.703(e) Through highway - TC 542.202(b)(2) Intersection - TC 541.303 Traffic Control - TC 541.304 o Official traffic control device o Railroad sign or signal o Traffic-control signal

3.1.4 Define the various miscellaneous terms listed in Chapter 541, TC. TC 541.401, TC 541.001(5): Daytime Explosive Flammable liquid Gross vehicle weight Nighttime Park or parking Personal injury Right-of-way Stand or standing Stop or stopping School Crossing guard

3.1.5 Define dispose and litter in accordance with the Texas Health and Safety Code, and discuss their application to traffic safety. Dispose or dump - HSC 365.011(5) Illegal dumping; criminal penalties - HSC 365.012 County regulation of litter near public highway; criminal penalty - HSC 365.034

3.1.6 Explain the required obedience and the effect of the TC. Vehicles on highways - TC 542.001 Government vehicles - TC 542.002 Animals and animal-drawn vehicles - TC 542.003 Persons and equipment engaged in work on highway surface - TC 542.004 General rule of uniformity - TC 542.201 Powers of local authorities - TC 542.202 Rules on private property - TC 542.005 Speed restrictions on private roads - TC 542.006

Offenses: General offense - TC 542.301 Offense by person owning or controlling vehicle - TC 542.302 Inchoate offense - TC 542.303 General penalty - TC 542.401 Obedience required to police officers and to school crossing guards - TC 542.501 3.1.7 Identify who may and who may not be licensed to drive in the state of Texas, the types and classes of licenses that exist under Texas statutes, and understand the restrictions thereon. License required - TC 521.021 Persons exempt from license requirement - TC 521.027 Operation of motor vehicle by new state residents - TC 521.029 License ineligibility in general - TC 521.201 Ineligibility for license based on certain convictions - TC 521.202 Restrictions on Class A and B licenses - TC 521.203 Restrictions on minor - TC 521.204 Operation of vehicle by person under 18 years of age - TC 545.424 Classification of drivers licenses o Class A license - TC 521.081 o Class B license - TC 521.082 o Class C license - TC 521.083 o Class M license - TC 521.084 Type of vehicle authorized - TC 521.085 Designator on license issued to person under 21 years of age - TC 521.123 Restricted licenses - TC 521.221-521.225 License to be carried and exhibited on demand; criminal penalty - TC 521.025 Suspension for offense relating to racing of motor vehicle on public highway or street - TC 521.350 Driving while license invalid - TC 521.457 Commercial Drivers License Act

Applicability - TC 522.004 Definitions - TC 522.003 Commercial drivers license Commercial driver learners permit Commercial motor vehicle Gross combination weight rating Gross vehicle weight rating License or permit required - TC 522.011-522.015 Classification, endorsement, or restriction of license - TC 522.041-522.043 Unauthorized driving - TC 522.071-522.072 o o o

3.1.8 Determine if a violation exists regarding traffic signs, signals, and markings. Compliance with traffic control device - TC 544.004 Interference with traffic-control device or railroad sign or signal - TC 544.005 Display of unauthorized signs, signals, or markings - TC 544.006 Traffic-control signals in general - TC 544.007 Flashing signals - TC 544.008 Lane-direction-control signals - TC 544.009 Stop signs and yield signs - TC 544.010

3.1.9 Given a driving situation, determine if a traffic law is violated as it applies to Chapter 545, Subchapter B, TC. Driving on right side of roadway - TC 545.051 Driving past vehicle moving in opposite direction - TC 545.052 Passing to the left, return; being passed - TC 545.053 Passing to the left: safe distance - TC 545.054 Passing to the left: passing zones - TC 545.055 Driving to left of center of roadway: limitations other than passing - TC 545.056 Passing to the right - TC 545.057 Driving on improved shoulder - TC 545.058 One-way roadway and rotary traffic islands - TC 545.059 Driving on roadway laned for traffic - TC 545.060 Driving on multiple-lane roadway - TC 545.061 Following distance - TC 545.062 Driving on divided highway - TC 545.063 Restricted access - TC 545.064 Passing a school bus; offense - TC 545.066

3.1.10 Given a driving situation, determine if a violation exists, as it applies to Chapter 545, Subchapter C, TC. Turning at intersection - TC 545.101 Turning on curve or crest of grade - TC 545.102 Safely turning - TC 545.103 Signaling turns; use of turn signals - TC 545.104 Signaling stops - TC 545.105 Signals by hand and arm or by signal lamp - TC 545.106 Method of giving hand and arm signals - TC 545.107

3.1.11 Given a driving situation, determine if a violation exists as it applies to Chapter 545, Subchapter D, TC. Right-of-way violations: Vehicle approaching or entering intersection - TC 545.151 Vehicle turning left - TC 545.152 Vehicle entering stop or yield intersection - TC 545.153 Vehicle entering or leaving limited-access or controlled access highway - TC 545.154 Vehicle entering highway from private road or driveway - TC 545.155 Vehicle approached by authorized emergency vehicle - TC 545.156 Passing authorized emergency vehicle - TC 545.157 3.1.12 Given a driving situation, determine if a violation exists as it applies to Chapter 545, Subchapter F, TC. Obedience to signal indicating approach of train - TC 545.251 All vehicles to stop at certain railroad grade crossings - TC 545.252 Buses to stop at all railroad grade crossings - TC 545.253 Vehicles carrying explosive substances or flammable liquids - TC 545.254 Moving heavy equipment at railroad grade crossings - TC 545.255 Emerging from an alley, driveway, or building - TC 545.256 Obstructing railroad crossings; offense - TC 471.007

3.1.13 Given a driving situation, determine if a violation exists as it applies to Chapter 545, Subchapter G, TC. Stopping, standing, or parking outside a business or residence district - TC 545.301 Stopping, standing, or parking prohibited in certain places - TC 545.302 Additional parking regulations - TC 545.303 Moving the vehicle of another; unlawful parking - TC 545.304 Removal of unlawfully stopped vehicle - TC 545.305 Removal of personal property from roadway or right-of-way - TC 545.3051 Overnight parking of commercial motor vehicle in residential subdivision - TC 545.307

3.1.14 Given a driving situation, determine if a violation exists as it applies to Chapter 545, Subchapter H, TC. Maximum speed requirement - TC 545.351 Prima facie speed limits - TC 545.352 Authority of Texas Transportation Commission to alter speed limits - TC 545.353 Special speed limitations - TC 545.361 Minimum speed regulations - TC 545.363 Speed limit exception for emergencies; municipal regulation - TC 545.365

3.1.15 Given a driving situation, determine that a violation exists as it applies to Chapter 545, Subchapter I, TC. Reckless driving; offense - TC 545.401 Moving a parked vehicle - TC 545.402 Driving through safety zone - TC 545.403 Unattended motor vehicle - TC 545.404

Following or obstructing fire apparatus or ambulance - TC 545.407 Crossing fire hose - TC 545.408 Use of rest area: offense - TC 545.411 Child passenger safety seat systems; offense - TC 545.412 Safety belts; offense - TC 545.413 Riding in open beds; offense - TC 545.414 Backing a vehicle - TC 545.415 Riding on motorcycle - TC 545.416 Obstruction of operators view or driving mechanism - TC 545.417 Opening vehicle doors - TC 545.418 Riding in house trailer - TC 545.419 Person riding in trailer or semi-trailer drawn by truck, road tractor, or truck tractor TC 545.4191 Racing on highway - TC 545.420 Fleeing or attempting to elude police officer; offense - TC 545.421 (see also PC 38.04) Crossing sidewalk or hike and bike trail - TC 545.422 Crossing property - TC 545.423

3.1.16 Identify legal requirements of operating emergency vehicles. Permissible conduct - TC 546.001 When conduct permissible - TC 546.002 Audible or visual signals required - TC 546.003 Exceptions to signal requirement - TC 546.004 Duty of care - TC 546.005

3.1.17 Given a driving situation, determine if a violation exists as it applies to vehicle equipment standards and maintenance. Applicability - TC 547.002 General offenses - TC 547.004 Offense relating to violation of special-use provisions - TC 547.005 Duty to display lights - TC 547.302 Color requirements - TC 547.303 Restrictions on use of lights - TC 547.305 Headlamps required - TC 547.321 Taillamps required - TC 547.322 Stoplamps required - TC 547.323 Turn signal lamps required - TC 547.324 Reflectors required - TC 547.325 Minimum lighting equipment required - TC 547.326 Spotlamps permitted - TC 547.327 Fog lamps permitted - TC 547.328 Auxiliary passing lamps permitted - TC 547.329 Auxiliary driving lamps permitted - TC 547.330 Hazard lamps permitted - TC 547.331 Other lamps permitted - TC 547.332 Multiple-beam lighting equipment required - TC 547.333 Obstructed lights on combination vehicles - TC 547.381 Lighting equipment on projecting loads - TC 547.382

Lighting requirements on parked vehicles - TC 547.383 Brakes required - TC 547.401 Operation and maintenance of brakes - TC 547.402 Audible warning devices - TC 547.501 Display of hazard lamps - TC 547.503 Safety belts required - TC 547.601 Mirrors required - TC 547.602 Windshield wipers required - TC 547.603 Muffler required - TC 547.604 Defined at - TC 541.203(3) Use of certain video equipment and television receivers - TC 547.611 Restrictions on windows - TC 547.613 Additional or alternative equipment requirements for motorcycles and motor-driven cycles: o Lighting equipment - TC 547.801 Vehicles and equipment subject to inspection - TC 548.051

3.1.18 Recognize the regulations relating to the operation of bicycles, mopeds, and play vehicles. Persons affected - TC 551.001 Moped and electric bicycle included - TC 551.002 Rights and duties - TC 551.101 General operation - TC 551.102 Operation on roadway - TC 551.103 Safety equipment - TC 551.104 Competitive racing - TC 551.105

3.1.19 Recognize the regulations relating to pedestrians. Traffic control signals - TC 552.001 Pedestrian right-of-way if control signal present - TC 552.002 Pedestrian right-of-way at crosswalk - TC 552.003 Pedestrian to keep to right - TC 552.004 Crossing at point other than crosswalk - TC 552.005 Use of sidewalk - TC 552.006 Solicitation by pedestrians - TC 552.007 Drivers to exercise due care - TC 552.008

3.1.20 Understand the regulations relating to arrest, and charging procedures, notices and promises to appear. Arrest without warrant authorized - TC 543.001 Person arrested to be taken before magistrate - TC 543.002 Notice to appear required: person not taken before magistrate - TC 543.003 Notice to appear required: certain offenses - TC 543.004 Promise to appear; release - TC 543.005 Time and place of appearance - TC 543.006 Notice to appear: commercial vehicle or license - TC 543.007 Violation by officer - TC 543.008 Compliance with or violation of promise to appear - TC 543.009

Specifications of speeding charge - TC 543.010 Persons licensed by state department or claiming diplomatic or consular immunity TC 543.011

Explain this only applies to violations of the Transportation Code and has no application to Failure to Appear in the Penal Code (38.10). 3.1.21 Given a driving situation, determine if a violation exists as it applies to the operation of motorcycles. Offenses relating to not wearing protective headgear - TC 661.003 Authority of peace officer to inspect protective headgear - TC 661.004

Motorcycle Operator Profiling Awareness: The popularity of the motorcycle as a primary means of transportation has grown in the past decade. More and more people are buying and riding motorcycles and they represent all facets of society. All races, genders, and occupations are represented in this area. There is no such thing as "the typical biker" no more so than trying to describe the typical criminal type or the typical Texan. As an officer remember, "Violators" are defined by their actions not how they look. Classes of Street Motorcycles officers may encounter: Sport Bikes - factory built motorcycles that resemble professional racing motorcycles. This style of motorcycles generally attracts younger riders Street Bikes - regular motorcycles that range from 250cc to 1100cc engines. The riders of these bikes are in all age groups Cruiser Class - "Top End" motorcycles that average 1100cc to 1800cc in size and usually are equipped with windshields, saddlebags, and accessories. Due to their price, their riders are usually older Differences between a Motorcycle Club and a Criminal Street Gang: A motorcycle club is a group of people that ride motorcycles in organized activities. They may wear distinctive clothing to identify their club. Their primary activities involve the sport of motorcycling. Criminal Street Gang (PC 71.01(d)): Three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities. Common misconceptions and beliefs associated with the motorcycle operator: Sport Bike riders are speeders that ride dangerously. Bikers (general term) use narcotics, drink, raise hell, and probably have outstanding warrants. Cruiser Class riders are the "station wagon" set of the motorcycle world. These "mom & pop" riders generally pose no threat. Motorcycle Clubs that "fly their colors" (wear their club jackets) are "outlaw bikers" that are showing their disrespect for law enforcement and are in effect "claiming new turf" by showing the colors. Any biker not wearing a helmet is breaking the law. Bikers are generally lower income to middle class laborers, juvenile delinquents, and troublemakers.

Concepts for stopping Motorcycle Operators: Be sure that the reason for the stop is an identified violation of the law and not due to stereotype. Follow the 7-step violator contact protocol, but have the operator remain astride his motorcycle with the kickstand up (this keeps the operator occupied with balancing the motorcycle and reduces the possibility of attempting anything with the officer). Remain professional and deal with the violation and not the appearance of the operator or perceived prejudices or attitudes. 3.1.22 Given a driving situation, determine if a violation exists as it applies to the operation of all-terrain vehicles. Safety certificate required - TC 663.031 Operation by person younger than 14 - TC 663.032 Required equipment; display of lights - TC 663.033 Safety apparel required - TC 663.034 Reckless or careless operation prohibited - TC 663.035 Carrying passengers - TC 663.036 Operation on public roadway prohibited - TC 663.037 Violation of chapter; offense - TC 663.038

3.1.23 Understand the regulations related to privileged parking. Definitions - TC 681.001 Disabled parking placard - TC 681.002 Parking privileges: persons with disabilities - TC 681.006 Designation of parking spaces by political subdivision or private property owner - TC 681.009 Enforcement - TC 681.010 Offenses; presumption - TC 681.011 Manufacture, sale, possession, or use of counterfeit placard - TC 681.0111

3.1.24 Understand the regulations related to abandoned motor vehicles. Definitions - TC 683.001 Abandoned motor vehicle - TC 683.002 Conflict of laws; effect on other laws - TC 683.003 Authority to take abandoned motor vehicle into custody - TC 683.011 Taking abandoned motor vehicle into custody: notice - TC 683.012 Storage fees - TC 683.013 Law enforcement agency use of certain abandoned motor vehicles - TC 683.016

3.1.25 Understand the requirement for registration of vehicles. Registration required; general rule TC 502.002 All-terrain vehicles TC 502.006 Mopeds TC 502.007

Offenses and penalties: General penalty TC 502.401

Operation of unregistered motor vehicle TC 502.402 Operation of vehicle under improper registration TC 502.403 Operation of vehicle without license plate or registration insignia TC 502.404 Operation of motorcycle without seal TC 502.405 Operation of all-terrain vehicle without sticker TC 502.406 Operation of vehicle with expired license plate TC 502.407 Operation of vehicle with wrong license plate TC 502.408 Wrong, fictitious, altered, or obscured license plate TC 502.409

Dealers and manufacturers vehicle license plates: Dealers temporary cardboard tags TC 503.062 Buyers temporary cardboard tags TC 503.063 Criminal penalty TC 503.094 3.1.26 Understand the regulations regarding liability insurance for motor vehicles and financial responsibility. Requirement of financial responsibility TC 601.051 Exceptions to financial responsibility requirement TC 601.052 Evidence of financial responsibility TC 601.053 Owner may provide evidence of financial responsibility for others TC 601.054

Motor vehicle liability insurance: Motor vehicle liability insurance; requirements TC 601.071 Standard proof of motor vehicle liability insurance form TC 601.081 Failure to maintain responsibility: Operation of motor vehicle in violation of motor vehicle liability insurance requirement; offense TC 601.191 Defense: financial responsibility in effect at time of alleged offense TC 601.193 Defense: possession of motor vehicle for maintenance or repair TC 601.194 Operation of motor vehicle in violation of requirement to establish financial responsibility; offense TC 601.195, PC 37.01(2) Alternative methods of establishing financial responsibility: Surety bond TC 601.121 Deposit of cash or securities with comptroller TC 601.122 Deposit of cash or cashiers check with county judge TC 601.123 Self-insurance TC 601.124 3.1.27 Understand regulations regarding operation of vehicles in violation of drivers suspension. Operation of motor vehicle in violation of suspension; offense TC 601.371

3.1.28 Given a situation involving warning signs and devices, determine if a violation of law exists. Tampering with warning devices TC 472.021 Obeying warning signs TC 472.022

3.1.29 Understand regulations related to the removal of injurious materials and wrecked or damaged vehicles from the highway. Removing material from highway TC 600.001

Traffic Accident Investigation Unit Goal: 3.2 The student will demonstrate a working knowledge of the laws, methods, and techniques relative to accident investigation. 3.2.1 Explain when and where the TC applies in accident investigation. Applicability of chapter TC 550.001 Accident involving personal injury or death - TC 550.021 Accident involving damage to vehicle - TC 550.022 Duty to give information and render aid - TC 550.023 Duty on striking unattended vehicle - TC 550.024 Duty on striking fixture or highway landscaping - TC 550.025 Immediate report of accident - TC 550.026

Investigation of accident Investigation by peace officer - TC 550.041 Written accident report Operators accident report - TC 550.061 Officers accident report - TC 550.062 Report on appropriate form - TC 550.063 Accident report forms - TC 550.064 Manslaughter - PC 19.04 Intoxication assault - PC 49.07 Intoxication manslaughter - PC 49.08 Note to the instructor: Discuss penal code sections as they apply to traffic accidents. Traffic accident investigation equipment: Tape measure (100 ft) Rolotape or laser measuring device Chalk, crayon, or paint Flares or warning markers, cones Flashlight (for nighttime) Sketch paper NOTE: Check department policy 3.2.2 Apply the procedures for responding to and managing the accident scene. Procedures for responding to the traffic accident scene: Plan route of approach Set priorities for action at accident scene

Evaluate scene to determine severity of accident by considering number of vehicles, number of injuries, extent of injuries, whether or not situation is hazardous and whether or not utilities are damaged Position patrol unit to protect accident scene and prevent further damage or injury Consider other relative safety factors and take appropriate action

Scene management: Care for injured or dead Consider other relative safety factors and take appropriate action Administer first aid, summon additional medical aid if available. Do not remove seriously injured from vehicle except in case of fire. In case of fire, notify fire department; remove seriously injured from vehicle Check surrounding area for persons who may have been injured in accident Traffic control: Summon appropriate assistance in directing traffic at scene Restore traffic flow which could include alternate traffic routing In event of spilled fuel or liquids on roadway notify appropriate agency to wash down, if appropriate In event of damage to roadway, notify appropriate agency Crowd control Remove vehicles and debris NOTE: Check department policy Procedures relative to property collection, inventory, and release of personal property of accident victims and property owners: Secure property of any accident victim transported from scene, inventory, and release as per department procedures Secure vehicles and remove Secure any other property, notify owner and release Upon identification of any property as evidence to the case, secure and mark evidence. Maintain chain of custody Procedures for maintaining traffic and crowd control at accident scene: Authority of officer at accident scene (TC 542.501 Obedience required to police officers) Position patrol vehicle as to protect accident scene and prevent further damage or injury Use appropriate warning devices, patrol vehicle lights, pylons, barricades, flares (at night or when no fire hazard present) Use of additional personnel to direct traffic around accident scene Control spectators from becoming traffic hazard, interfering with accident investigation Position of person directing traffic must be such that he/she can be seen and heard (see traffic direction) Use appropriate hand and voice commands (See traffic direction) Procedures for moving damaged vehicles from accident scene:

Move damaged vehicles from accident scene as per department policy Ensure that debris is removed by person(s) taking charge of vehicles

3.2.3 Describe procedures for interviewing driver, complainant, and witnesses. Interviewing procedures: Obtain ID of all persons operating vehicles, injured, witnesses, and property owners Separate parties, interview each separately Gather information from witnesses as to their location at the time of the accident and their observations Upon approach to vehicles after ascertaining and taking care of any injuries, ask who was operating each vehicle involved at time of accident; obtain drivers license Injured operator of vehicles, locate drivers license Characteristics and behaviors of driver relevant to collision investigation: Nervousness, cooperative, uncooperative, belligerent, talkative, attitude in general, speech in general - slurred, slow, disoriented, any incapacitating features, injuries Physical appearance factors of driver relevant to accident investigation: Restrictions noted on drivers license Dress (disheveled, soiled, torn, possible injuries) Stance indicative of injury or possible intoxication (balanced, off-balanced, needing support) Odor (e.g., alcoholic beverage substances indicative of possible intoxication) Examining vehicles for equipment failures that warrant expert examination Braking failures claimed by driver or discovered during examination Steering failure Other mechanical failure, headlights out Physical obstructions and environmental conditions that may contribute to an accident: Physical conditions of roadway Debris on roadway Weather Nighttime Record angle of line of sight for vehicles: Record type of road surface at accident scene Record location, type, and status of traffic control devices at accident scene 3.2.4 Identify and apply methods of measuring the accident scene and collecting any physical evidence. Measuring the scene: Take measurements of road widths, road grade, vehicles, skid marks Locate point of impact Locate final resting place of vehicles Prepare a collision scene sketch Determine if collision scene is serious enough to warrant photographs. Photographing may also be necessary when statements conflict or when physical evidence does not support statements Collecting physical evidence:

Tire tread patterns, scuff marks Gouge marks - on roadway, on other property Skidmarks Paint flakes, paint on victims vehicle or clothing from suspect vehicle in hit and run Vehicle fluids can show direction of travel from scene at hit and run Vehicle identification number - check to determine that number corresponds to the vehicle by comparing it with registration certificate Inspect VIN plate to determine that plate is properly secured Inspect vehicle for direction of travel, to determine if vehicle has been moved

Nomograph: A graph on which three or more scales are arranged so that a straight line drawn through values on any two will cross the third at a corresponding value. Reference: Traffic Accident Investigation Manual, The Traffic Institute, Northwestern University Factors which may contribute to a vehicular accident: Speed Fail to yield right-of-way Improper turning movement Faulty equipment Weather conditions Driver conditions Determine violation: Recognize circumstances which warrant issuance of a citation, as per agency policy Recognize circumstances which warrant a custody arrest as per agency policy 3.2.5 Recognize and use accident forms. Texas Peace Officers Accident Report, Form ST-3 National Safety Councils Vehicle Damage Scale for Traffic Accident Investigation Texas Peace Officer Accident Casualty Supplement Report Commercial Motor Vehicle Supplement Report ST-3C

Note to the instructor: The student should complete actual forms in simulations. 3.2.6 Compile and apply methods of traffic collision management and investigation in a simulated situation. Use as many of the above techniques as possible in simulation, from getting the call to the approach to dealing with victims and interviewing to investigation and filling out the forms. 3.3 Traffic - Direction Unit Goal: 3.3 The student will be able to control and direct traffic in a safe and legal manner.

3.3.1 Describe the legal authority to establish effective traffic flow based on situational priorities. Legal Authority - Defined in: TC 541.002 Factors to expedite movement and to relieve congestion: Assess amount of traffic, length of time traffic may be stopped, availability of an alternate route capable of handling flow, and availability of additional manpower Coordinate signals and gestures with other officers Emergency vehicles: Emergency vehicles are of the highest priority (ambulance, fire fighting apparatus, etc.) - TC 545.156 Clear the approach for the emergency Halt all other traffic to allow for safe movement of the emergency vehicle Points of greatest potential congestion: Longest line of traffic Line of traffic threatening spillbacks into other lanes and intersections 3.3.2 Practice directing/controlling traffic while using appropriate positioning, signals, and equipment. Positioning: in a highly visible and safe location Signals: How to stop traffic: Select vehicle(s) to be stopped Look directly at driver. With arm extended point at driver then raise palm and hold position until traffic has stopped. When using flashlight or illuminated baton, point beam in direction of oncoming traffic (not directly in drivers eyes) and move beam back and forth at right angles. Then use hand signal for stopping as indicated above. How to start traffic: Attract attention of driver by extending arm and pointing at driver Turn palm inward, bring the hand up and over to the driver, bending the arm at elbow When using flashlight or illuminated baton, point beam at driver to gain his attention. Then point beam toward the ground, and indicate with the beam the direction to proceed (keeping beam pointed toward ground). Repeat as necessary to keep traffic moving Signals for right and left turn movements: Attract drivers attention by extending arm and pointing While arm is extended, bring hand across in front of the body, bending elbow slightly, and point in the direction you want to turn traffic Pedestrian control: Protect pedestrians by holding them back behind curb (off roadway) until traffic movement has stopped Start and stop pedestrian flow same as traffic Indicate where pedestrian should walk

Prevent jay-walking and other illegal crossing

Whistle: One long blast of police whistle is used to attract drivers attention to stop (include hand signal) Two short blasts of police whistle used to attract drivers attention to start (include hand signal) Short rapid blasts (normally three) used to give warning signal Equipment: Direct traffic using flare/traffic cone patterns and barricades Determine number required (request assistance if additional devices are needed) Place device properly Consider drivers reaction time; overpass, hills curves, weather conditions; other hazardous situations (i.e., spilled gasoline, etc.)

4. Texas Alcoholic Beverage Code Unit Goal: 4.1 The student will effectively utilize the provisions of the Texas Alcoholic Beverage Code (ABC) in performing the law enforcement and peacekeeping role. 4.1.1. Demonstrate knowledge of the organization of the Texas Alcoholic Beverage Code by locating specific definitions and laws. Overview of the organization of the Texas Alcoholic Beverage Code 1.01 Table of Contents Index 4.1.2. Define selected terms and the responsibilities of peace officers to enforce the Code. Alcoholic Beverage - ABC 1.04 Illicit Beverage - ABC 1.04 Licensee - ABC 1.04 Permittee - ABC 1.04 Minor - ABC 106.01 Premises Defined; Designation of Licensed Premises - ABC 11.49 Duty of Peace Officers - ABC 101.07

4.1.3 Discuss circumstances permitting a warrantless arrest, search, and seizure. Arrest w/o warrant - ABC 101.02 Seizure of illicit beverages - ABC 103.03 Report of seizure - ABC 103.05

4.1.4 Identify selected penalties and violations in the Texas Alcoholic Beverage Code and the Texas Education Code (TEC). Minors and TABC, TEC codes: Possession of intoxicants on public school grounds - TEC 37.122 Consumption of alcoholic beverages near schools - ABC 101.75 Purchase of alcohol by minor - ABC 106.02 Sale of alcohol to a minor - ABC 106.03 Consumption of alcohol by minor - ABC 106.04 Driving under the influence of alcohol by minor - ABC 106.041 Attempt to purchase alcohol by minor - ABC 106.025 Possession of alcohol by minor - ABC 106.05 Purchase for or furnishing alcohol to a minor - ABC 106.06 Misrepresentation of age by minors - ABC 106.07 Weapon on licensed premises - ABC 11.041, ABC 61.11 , ABC Sec. 31 Suspension for failure to report breach of peace - ABC 11.61(b)(21), ABC 61.71 (a)(31) 4.1.5. Identify legal hours of sale, consumption, and service of alcoholic beverages. Legal hours of consumption - extended hours - ABC 105.06

Legal hours of sale - liquor - ABC 105.01 Legal hours of sale - mixed beverages - ABC 105.03 Legal hours of sale - beer - ABC 105.05

4.1.6. Apply information needed to take administrative action. Dates/times Location Reason for being at licensed premise Primary observation Identities of involved persons Statements Evidence Arrest Completion of reports Standard for alcohol violations (criminal negligence) Intoxicated Persons Permittee Licensee - ABC 11.61(b)(13) Sale to intoxicated persons - ABC 11.61(b)(14), ABC 61.71(a)(6), ABC 101.63

5. Health and Safety Code Controlled Substances Act Unit Goal: 5.1 The student will have knowledge of the Texas laws pertaining to controlled substances and of the major categories of those substances. 5.1.1 Define the following terms contained in the Texas Controlled Substances Act, Health & Safety Code (HSC). Important Terms (see HSC 481.002 for current definitions): administer controlled substance controlled substance analogue counterfeit substance deliver or offer to deliver dispense distribute drug drug paraphernalia human consumption immediate precursor manufacture marihuana narcotic drug opiate possession production 5.1.2 Identify the six major categories of controlled substances. The Six Major Categories of Controlled Substances: narcotics depressants stimulants hallucinogens marihuana simulated controlled substances Note to instructor: You may present local concerns within each category of controlled substances, i.e., those most often found, areas in which abuse occurs. May have photos or displays. Note to instructor: Present physical and psychological consequences of abuse of any substances within the six categories. 5.1.3 Identify penalty groups for manufacture, delivery, and possession of controlled substances. Offense: Manufacture or Delivery of Substance in: Penalty Group 1 - HSC 481.112 Penalty Group 1A - HSC 481.1121 Penalty Group 2 - HSC 481.113 Penalty Groups 3 and 4 - HSC 481.114

Offense: Possession of Substance in: Penalty Group 1 - HSC 481.115 Penalty Group 1A - HSC 481.1151 Penalty Group 2 - HSC 481.116 Penalty Group 3 - HSC 481.117 Penalty Group 4 - HSC 481.118 Offense: Manufacture, Delivery, or Possession of - HSC 481.119 Miscellaneous Substances. Offense: Delivery of Marihuana - HSC 481.120 Possession of Marihuana - HSC 481.121 Delivery of Controlled Substance or Marihuana to Minor - HSC 481.122 Possession or transport of certain chemicals with intent to manufacture controlled substance - HSC 481.124 Possession or Delivery of Drug Paraphernalia - HSC 481.125 Illegal Barter, Expenditure or Investment - HSC 481.126 Unauthorized Disclosure of Information - HSC 481.127 Civil Penalty: Commercial Matters - HSC 481.128 Fraud [Note: prescription drugs] - HSC 481.129 Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty - HSC 482.002

5.1.4 Identify the elements necessary to establish the offenses relating to the possession and delivery of controlled substances or simulated controlled substances. Evidentiary Rules Relating to Offer of Delivery - HSC 481.182 Evidentiary Rules Relating to Delivery of Drug Paraphernalia - HSC 481.183 Burden of Proof; Liabilities - HSC 481.184 Evidentiary Rules (Simulated Controlled Subs.) - HSC 482.003

Define and make the distinction between actual and constructive delivery. Define a controlled substance and conduct a field test of same for tentative identification. Preparatory Offenses HSC 481.108 HSC 482.005 HSC 483.053 HSC 485.038 Unit Goal: 5.2 To provide knowledge of the Texas laws pertaining to dangerous drugs, and abusable volatile chemicals. 5.2.1 Define the following terms pertaining to dangerous drugs. Important Terms (see HSC 483.001 for current definitions): dangerous drug

deliver manufacturer prescription

5.2.2 Identify commonly abused drugs. Note: Instructor may want to discuss drugs commonly abused in their jurisdiction. 5.2.3 Identify the methods of drug abuse. injection inhalation ingestion

5.2.4 Identify the symptoms commonly associated with drug abuse. Note: Instructor should discuss symptoms based on items discussed in 13.2.2. 5.2.5 Identify the penalties for possession, delivery, and manufacture of dangerous drugs and for forging or altering a prescription. Possession of Dangerous Drug - HSC 483.041 Delivery or Offer of Delivery of Dangerous Drug - HSC 483.042 Manufacture of Dangerous Drug - HSC 483.043 Forging or Altering Prescription - HSC 483.045

5.2.6 Discuss the use of uncorroborated testimony and its effect in drug cases. Uncorroborated Testimony - HSC 483.072 Testimony of Undercover Peace Officer or Special Investigator - CCP Art. 38.141

5.2.7 Identify the procedures to be followed in the seizure and destruction of dangerous drugs. Seizure and Destruction - HSC 483.074

5.2.8 Identify the following terms relating to abusable volatile chemicals. Abusable volatile chemical - HSC 485.001(1) Aerosol paint - HSC 485.001(2) Inhalant paraphernalia - HSC 485.001(8)

5.2.9 Apply the elements of following violations related to abusable volatile chemicals. Permit Required - HSC 485.011 Permit available for inspection - HSC 485.014 Signs - HSC 485.017 Restriction of access to aerosol paint - HSC 485.019 Possession and Use - HSC 485.031 Delivery to a Minor - HSC 485.032 Inhalant Paraphernalia - HSC 485.033 Failure to post sign - HSC 485.034

Sale without permit - HSC 485.035 Proof of Offer to Sell - HSC 485.036 Summary Forfeiture - HSC 485.037 Preparatory offenses - HSC 485.038

Unit Goal: 5.3. The student will know narcotic investigation techniques and procedures. 5.3.1 Identify the procedures for qualifying and utilizing informants in conducting investigations related to controlled substance and dangerous drug violations. Informants: Interview prospective informants Consult with affected officials Establish informants in administrating reports to include an administrative code number Provide for method of payments and documentation 5.3.2 Discuss the following methods for conducting surveillance of suspected drug violators. Surveillance: Explain moving surveillance of a vehicle and/or person Explain a stationary surveillance of a person, place or thing 5.3.3 Identify the following equipment and its importance when conducting clandestine drug investigations. Identify TIVEC disposable clothing. Identify industrial grade rubber gloves. Identify a self-contained breathing apparatus.

5.3.4 Identify the proper procedures and possible hazards associated with clandestine lab investigations. Identify hazards associated with clandestine lab investigations to include bombs and booby traps. Identify correct methods of collecting evidence. Identify disposal companies who are equipped to properly dispose of excess chemicals.

5.3.5 Identify the common places of concealment of controlled substances and dangerous drugs on or in persons, places, and things. On the person: clothing body cavities belts shoes hair under arms taped to body

In places: furniture toilet tanks clothes closets refrigerator/freezer cabinets under sinks and drains waste baskets food canisters In vehicles: glove box under dash under carpet gas tanks hub caps headliner A/C duct trunk consoles door panels spare tire engine compartment ash tray 5.3.6 Discuss the incidence of drug interdiction and common characteristics of drug smugglers and their vehicles. Drug interdiction incident to routine patrol by being observant. Keep eyes and ears open Ask questions Typical characteristics of drug smugglers: extended travel without luggage luggage carried on back seat appears nervous upon contact with officer Vehicles used as load cars for narcotics: reliable vehicle with large capacity false compartments in interior or exterior vehicle trim on the side of a pickup (for example) does not line up due to the lowering or raising the cab to accommodate false compartments lug nuts or vehicle body screws and bolts appear to have been tampered with vehicle not registered to driver driver does not know who the vehicle belongs to High intensity drug areas in Texas: Houston and adjoining coast line Corpus Christi and adjoining coast line Brownsville, coast line

The lower Rio Grande Valley

Drug smuggling groups operating in Texas: Cali Cartel Medelin Cartel Other organized groups Rural areas in Texas are conducive to drug smuggling: small airports clandestine airports on private property farm-to-market highways are used as landing strips Areas of Texas which lend themselves to drug smugglers due to geographic relation to Mexico: Rio Grande Valley Laredo Area Eagle Pass Del Rio Presidio Alpine El Paso 5.3.7 Discuss appropriate interview techniques and factors contributing to probable cause in drug investigation. Interview techniques: Separate suspects and compare answers (including answers to the following items) Establish identity of driver and or passenger Inquire as to origin destination and purpose of trip Ask for registration and insurance Inquire about the ownership of vehicle Factors contributing to probable cause: Nervousness of suspect Lack of identification Lack of registration and/or insurance Appearance of vehicle Stories given by suspects does not match Pungent odor of certain controlled substances emanating from the vehicle Driver states he does not have a key to trunk Vehicle appears to be heavily laden Note: Undercover officers may exhibit similar characteristics; i.e., lack of identification, association with known offenders, fictitious registration on vehicles, avoiding problem of public recognition. Proceed with caution to allow undercover officers to continue their cover. Consent: Consent must be voluntary Person giving consent must have authority to do so Consent should be written, although oral consent is admissible Consent once given may be withdrawn

5.3.8 Identify methods of identifying suspected controlled substances and dangerous drugs. Physicians Desk Reference: product information manufacturers names identification by trade name generic name identification the pictorial replica section Field tests which will make a tentative identification of C/S: Scots Re-agent Marquis Re-agent Wintergreen Test Agencies as labs which conduct analyses of suspected C/S: The Texas Dept. of Public Safety The FBI Laboratory The Local Medical Examiners office check for possible local agency labs

6. Family Code and Juvenile Issues Unit Goal: 6.1 The student will know the statutory authority and requirements for conducting investigations involving juveniles. 6.1.1 Identify the purpose of Title III, Juvenile Justice Code, as it relates to juvenile investigations. Purpose and interpretation - FC 51.01

6.1.2 Define specific terms relating to juvenile proceedings. Definitions - FC 51.02: Child Custodian Guardian Judge or Juvenile Court Judge Juvenile Court Law Enforcement Officer Non-offender Parent Party Prosecuting Attorney Referral to Juvenile Court Secure Correctional Facility Secure Detention Facility Status Offender Traffic Offense Valid Court Order 6.1.3 Define delinquent conduct; conduct indicating a need for supervision and habitual felony conduct. Delinquent conduct; conduct indicating a need for supervision - FC 51.03 o Also see PC 49.04, 49.05, 49.06, 49.07, 49.08 and ABC 106.04. Habitual felony conduct - FC 51.031

6.1.4 Identify the legal requirements pertaining to a waiver of rights and requirements for admissibility of statements given by FC 51.09 and 51.095. Waiver of rights - FC 51.09 Admissibility of a statement of a child - FC 51.095

6.1.5 Identify the legal requirements on places and conditions of detention. Place and conditions of detention - FC 51.12 Designation of juvenile processing office - FC 52.025 Responsibility for transporting juvenile offenders - FC 52.026

6.1.6 Identify the legal restrictions on fingerprinting and photographing a child.

Collection of records of children - FC 58.001 Photographs and fingerprints of children - FC 58.002 Fingerprints or photographs for comparison in investigation - FC 58.0021 Fingerprints or photographs to identify runaways - FC 58.0022

6.1.7 Identify the legal requirements for taking a child into custody. Taking into custody; issuance of warning notice - FC 52.01 Directive to apprehend - FC 52.015 Failure to pay fine; contempt: juveniles - CCP 45.050 Offenses committed by juveniles - CCP 45.057 Children taken into custody - CCP 45.058 Children taken into custody for violation of juvenile curfew or order - CCP 45.059

6.1.8 Identify the legal requirements for release or delivery to court. Release or delivery to court - FC 52.02

6.1.9 Identify the legal requirements for disposition without referral. Disposition without referral to court - FC 52.03 First offender program - FC 52.031 Referral to juvenile court; notice to parents - FC 52.04

See also FC Chapter 264, Subchapter D 264.302. Early Youth Intervention Services 6.1.10 Identify the rights and duties of parents. Rights and duties of parent - FC 151.001 Rights and duties during period of possession - FC 153.074

6.1.11 Identify the legal requirements for investigation of report of child abuse or neglect. Definitions - FC 261.001 Persons required to report; time to report - FC 261.101 Matters to be reported - FC 261.102 Report made to appropriate agency - FC 261.103 Contents of report - FC 261.104 Referral of report by department or law enforcement - FC 261.105 Immunities - FC 261.106 False report; penalty - FC 261.107 Failure to report; penalty - FC 261.109, PC 38.17 Privileged communication - FC 261.202 Investigation of report - FC 261.301 Conduct of investigation - FC 261.302 Investigations in juvenile justice programs and facilities - FC 261.405

6.1.12 Identify the legal requirements relating to medical treatment and medical examination of a child. Consent by non-parent - FC 32.001

Consent to treatment by child - FC 32.003 Examination without consent of abuse or neglect of child - FC 32.005

6.1.13. Identify the legal requirements for taking possession of a child in an emergency. Civil liability - FC 262.003 Accepting voluntary delivery of possession of child - FC 262.004 Possession and delivery of missing child - FC 262.007 Taking emergency possession without a court order - FC 262.104, CCP 2.13, CCP 63.009(g) Unacceptable facilities for housing child - FC 262.108 Taking possession of child in emergency with intent to return home - FC 262.110

6.1.14 Identify the legal requirement relating to communication between law enforcement authorities and school officials. Notification to schools required - CCP 15.27

Unit Goal: 6.2 The student will know the statutory authority and requirements for conducting investigations involving missing children, and missing persons. 6.2.1 Learn the legal definitions for a missing person or a missing child. Definitions - CCP 63.001 Presumption regarding parentage - CCP 63.0015

6.2.2 Learn the function of the State Missing Persons Clearinghouse and the required report forms. Missing children and missing persons information clearinghouse - CCP 63.002 Function of clearinghouse - CCP 63.003 Report forms - CCP 63.004

6.2.3. Learn what the law enforcement requirements are once the child is reported missing to law enforcement. Law enforcement requirements - CCP 63.009 Immediate investigations - CCP 63.009

6.2.4 Learn what steps are taken in a missing child investigation. Missing children investigations - CCP 63.011 System for flagging records - CCP 63.021 Removal of flag from records - CCP 63.022 School records system - CCP 63.019

6.2.5 Learn the proper steps to activate the Statewide AMBER Alert System. Definitions - GC 411.351 AMBER alert system for abducted children - GC 411.352 Activation - GC 411.355

Termination - GC 411.358

6.2.6 Learn what records are confidential under the Texas Missing Persons and Missing Childrens Act. Confidentiality of certain records - CCP 63.017

See also Chapter 60. Uniform Interstate Compact on Juveniles, Articles IV, V, and VI in handout in the IRG for information regarding return of runaway juveniles. Unit Goal: 6.3. The student will know narcotic investigation techniques and procedures. 6.3.1 Identify influences that may affect an adolescent's encounter with the police. Factors affecting youth encounters with police: Need for independence Rebellion against authority Peer pressure 6.3.2. Identify problems typically associated with juvenile gang activities. Problems associated with juvenile gang activities: Conditions for juvenile gang existence Name/identification of leadership Geographic turf Weapon and drug involvement Delinquent activity Needs met by gangs for juveniles: Status Self-worth/esteem Acceptance Fun/excitement/risk Credibility/notoriety Protection Recognition of identity Bonding Substitution for boredom Obtain wealth and materialism Survival Underlying societal strains that give rise to gangs: High unemployment Lack of primary groups for bonding Atmosphere of discrimination/abuse/criticism Community seen as uncaring Youths lack of self control development and respect for self and others Environment that uses intimidation and aggression to solve problems Illegal activity is profitable Three phases of gang involvement:

Minor mischief Seeking identity (with such things as the following) o Colors o Hand signals o Clothing o Tattoos o Slogans o Graffiti o Bandannas o Jackets Drive-by shootings

Note to the instructor: Discuss local gang characteristics and tactics.

7. Family Violence and Related Assaultive Offenses Unit Goal: 7.1 Understanding the dynamics of family violence. Note to the instructor: Students should be instructed to use the term family rather than domestic violence because Texas law defines and uses family violence and there is no legal definition for domestic violence. 7.1.1 Discuss how victims might be affected by family violence. Physical injuries Feelings of guilt about violence, the children, etc. Feelings of low self esteem, feeling like violence is justified May be isolated and not trust anyone May be dependent on abuser both economically and emotionally May feel powerless to do anything to change the situation May blame herself for the violence May be in denial that it is really that bad May have a passive personality or may be aggressive Feeling stressed Questioning their sanity Reference: Department of Human Services (DHS) "Understanding Family Violence" training. Note to the instructor: Use Commission Course #3232 Special Investigative Topics as a resource. 7.1.2 Identify common characteristics of family violence offenders. The majority of family violence is male-on-female; so offender in this context generally refers to a male offender May be extremely jealous and accuse partner of constant infidelity Usually feels very poorly about himself and has low self-esteem Has probably witnessed and/or been the victim of family violence as a child or young adult battering Believes that the male is the ruler and head of the house no matter what Blames others for actions and rarely takes any personal responsibility unless he will directly benefit May act very differently in public than at home May be hateful and ugly to everyone, i.e., the town bully Unable to deal with stress; may turn to drug/alcohol abuse. Substance abuse in itself does not cause the violence. Although substance abuse may intensify the frequency and severity of family violence, studies show that when substance abuse stops, the battering usually continues. There are batterers who are not substance abusers and substance abusers who do not batter. Uses sex aggressively to maintain power and control Does not believe his behavior should have negative consequences May be angry and socially isolated - a loner Denies and/or minimizes the seriousness of the violence Has a history of abuse either as a child or with another partner Uses violence to get what he wants and solve problems because it has worked in the past

May be extremely moody and have severe mood swings

Some theories on the causes of family violence abuse: It works to get the batterer what he wants Learned Behavior - role models, a way of life Sex role stereotypes clearly defined roles for boys and girls Cultural e.g., society, media, role models, etc. Stressors and lack of control e.g., finances, isolation, children Reference: Department of Human Services (DHS) training material. 7.1.3 Describe the cycle of abuse phases. Example of the cycle of violence model: A husband feels the need to have absolute power and control over his wife and children, and this control is maintained using verbal and physical violence and threats. Note to the instructor: Handout: Power and control wheel. Discuss the change from the Cycle of Violence to the Power and Control Wheel Victims of family violence have reported that the cycle of violence does not accurately describe their experiences but that the Power and Control Wheel does. It is preferable to use the Power and Control Wheel when discussing the types of behavior that the offender does in order to maintain the power and control in the family. The violence usually increases in frequency and severity over time. 7.1.4 Discuss examples of the types of abuse often occurring in incidences of family violence. Physical Abuse: This is the most obvious. It includes pulling, shoving, slapping, hitting, punching, pulling hair, cutting, stabbing, choking, shooting, burning, kicking, disfiguring, spitting at, torturing, throwing things, stomping, pinching, etc. Sexual Abuse: Forced sexual intercourse that may occur before, during and after a beating. Often includes acts that the women finds offensive Not allowing the use of birth control and refusing to use it himself resulting in unwanted pregnancy Use of objects Forced sex with others or in inappropriate places or in front of children Emotional Abuse: Withholding affection Ignoring for long periods of time: treating as a non-person Verbal abuse: name calling, constant allegations of infidelity Isolation: preventing contact with family, friends and neighbors Severing family ties and/or preventing contact with friends and neighbors Injuring or killing pets Destroying personal possessions Belittling in front of family/friends and humiliating or degrading acts

Constant monitoring

Reference: Department of Human Services (DHS) training materials. Note to the instructor: Mandatory role-play - see examples in Instructor Resource Guide 7.1.5 List examples of some barriers victims face when attempting to leave an abusive relationship. Financial dependence on the abuser Lack of an available support system The victims previous negative experience with the criminal legal system Fear due to increased threats by the abuser when victims try to leave Loves the abuser but wants the violence to stop Children want to stay/return Victim believes that the children need both parents Immigrant victims face additional barriers of threats with the INS, distrust of law enforcement, language

Note to the instructor: See handout Some Barriers to Leaving an Abusive Relationship Unit Goal: 7.2 To enable the student to recognize the legal issues pertaining to family violence. Note to the instructor: See handout Quick Reference to the Criminal Charges Applicable to Family Violence 7.2.1 Identify offenses and statutes that refer to family violence. Authority of Peace Officers - CCP 14.03 Murder - PC 19.02 Manslaughter - PC 19.04 Criminally Negligent Homicide PC 19.05 Assault - PC 22.01 Sexual Assault - PC 22.011 Aggravated Sexual Assault - PC 22.021 Assault/Aggravated Assault - PC 22.02 o Assault is a serious crime and the laws in Texas reflect this view. Penalties are increasing, warrants are often not needed to make a lawful arrest, and the victims agreement or cooperation is not necessary to file charges, make an arrest or prosecute the offender Review the definition of bodily injury. Bodily injury is the main defining factors for an assault to be a Class A misdemeanor. The victim, not the officer, determines the presence of bodily injury. Under case law, although visible indicators of bodily injury are preferable, it is possible to establish probable cause for an arrest for assault without visible injuries to corroborate the victims claim of injury. Injury to a child, elderly person or disabled individual - PC 22.04 Aggravated Kidnapping - PC 20.04 Kidnapping - PC 20.03 o

Unlawful Restraint - PC 20.02 Deadly Conduct - PC 22.05 Terroristic Threat - PC 22.07 Obstruction/Retaliation - PC 36.06 Harassment - PC 42.07 Stalking - PC 42.072 Unlawful Possession of a Firearm - PC 46.04 Interference with an Emergency Telephone Call PC 42.062 Disorderly Conduct - PC 42.01 Criminal Mischief - PC 28.03 Violation of a Protective Order or Magistrates Order - PC 25.07

7.2.2 Define family violence terms related to Title 4 of the Family Code; Protective Orders and Family Violence. Applicability of definitions - FC 71.001 Dating violence - FC 71.021 Family - FC 71.003 Family violence - FC 71.004 Household - FC 71.005 Member of household - FC 71.006

7.2.3 Explain the application procedure for a protective order. Venue (county where it may be filed) - FC 82.003 Where to make application - FC 82.003 Who may file - FC 82.002 Contents of application - FC 82.004 No fee is required for issuance of protective order - FC 81.002, LGC 118.131

7.2.4 Describe the protective order court hearing process. Time Set for Hearing - FC 84.001 Required Findings and Orders - FC 85.001

7.2.5 Discuss the meaning of a protective order and the consequences of violating it. Note to the instructor: See handout Protective Order Chart Civil Provisions of order applying to any party - FC 85.021 Civil Provisions for order applying to the respondent - FC 85.022 (a only) Criminal provisions of order applying to the respondent - FC 85.022 (b through e) Adoption of procedures by law enforcement agency - FC 86.001 Civil provisions of order applying to any party - FC 85.021 Duty to enter information into statewide law enforcement information system - FC 86.0011 Duration of protective order - FC 85.025 Delivery to respondent - FC 85.041 Warning of protective order - FC 85.026

7.2.6 Discuss the recommended steps in handling family violence calls involving temporary ex parte protective orders, protective orders, and magistrates order for emergency protection. Rights of crime victims - CCP Chapter 56 Magistrates order for emergency protection - CCP 17.292 Officer shall Arrest for Violation of Protective Order or Magistrates Order that occurs in their presence - CCP 14.03, PC 25.07, CCP 17.292 Temporary Ex Parte Protective Orders are not criminally enforceable - FC 83.001 Enforcing out-of-jurisdiction Protective Orders - FC 88.001 Uniform Enforcement of Domestic Violence Protective Orders Act May arrest for violation of a Protective Order not in view - CCP 14.03 (a)(3)

See Family Code, Chapters 82, 83, 85, and 86. Note: Blacks Law Dictionary defines an ex parte protective order as an order on one side only; by or for one party; done for, in behalf of, or on the application of one party only. Unit Goal: 7.3. To enable the student to recognize the legal issues pertaining to child abuse. 7.3.1 Identify the legal requirements for investigation of child abuse or neglect. Definitions - TFC 261.001 Persons required to report; time to report - TFC 261.101 Matters to be reported - TFC 261.102 Report made to appropriate agency - TFC 261.103 Contents of report - TFC 261.104 Referral of report by department or law enforcement - TFC 261.105 Immunities - TFC 261.106 False Report penalty - TFC 261.107 Failure to report - TFC 261.109, PC 38.17 Privileged communication - TFC 261.202 Investigation of report - TFC 261.301 Conduct of investigation - TFC 261.302 Investigations in juvenile justice programs and facilities - TFC 261.405

7.3.2 Identify the legal requirements relating to medical treatment and medical examinations of a child. Consent by non-parent - TFC 32.001 Consent to treatment by child - TFC 32.003 Examination without consent of abuse or neglect of child - TFC 32.005

7.3.3 Identify the legal requirements for taking possession of a child in an emergency. Civil Liability - TFC 262.003 Accepting voluntary delivery of possession of a child - TFC 262.004 Possession and delivery of missing child - TFC 262.007 Taking possession of a child in emergency without a court order - TFC 262.104, CCP 2.13, CCP 63.009(g)

Unacceptable facilities for housing child - TFC 262.108 Taking possession of child in emergency with intent to return home - TFC 262.110

7.3.4 Identify the legal requirements relating to communication between law enforcement. Notification to schools required - CCP 15.27

See Family Code, Chapters 82, 83, 85, and 86 Note: Blacks Law Dictionary defines an ex parte protective order as an order on one side only; by or for one party; done for, in behalf of, or on the application of one party only. Unit Goal: 7.4. To increase the students understanding of procedures for responding to family violence. 7.4.1 Discuss family violence situations and describe procedures for conducting preliminary investigations. Family violence is the deliberate, often repetitive, physical abuse by one family member against another. In incidences of alleged family violence, police officers may be unable to identify the primary aggressor in the incident and often arrest all parties involved. As a result, victims of the incident are disqualified from receiving crime victim compensation, access to emergency shelters, and other public benefits. Without these services, victims may be less likely to leave the abusive relationship. Having the victim arrested may also reinforce the batterer's actions and may provide the batterer with another tool for controlling the relationship. Reference: Office of House Bill Analysis, H.B. 3491 by: Hinojosa, Public Safety, 7/19/2001 Determining the predominant aggressor starts with a thorough investigation. The following are issues to investigate prior to making this determination: Do not dismiss what the children may tell you here; often children will tell you what has really been happening (for example: Daddy has been hitting Mommy all day and she threw a frying pan at him) Who poses the most danger to the other? Is one party in actual fear of the other? Was the amount of force used appropriate and reasonable? For example, did one party react to a slap by beating the other party? What is the relative severity of the injuries inflicted on each person? Is one party physically larger and stronger than the other? Is there a history of violence by one of the parties against the other or against other people? Is one party usually the aggressor? Who is at most risk for future harm or injury? Did any injuries appear to be the result of self-defense? Is the party with less-serious injuries demanding that the other party be arrested too? Do the stories make sense? Can anyone else (children, witnesses, 911 tapes) corroborate either story?

Note to the instructor: See handout Determining the Predominant Aggressor at a Family Violence Call Approach the scene with caution: At least 2 officers should respond if possible Obtain all relevant information from the dispatcher before arriving at the scene Notify the dispatcher upon arrival Avoid the use of sirens and lights unless it is apparent that the victim is in imminent danger of serious bodily injury Position vehicle safely - not directly in front of residence Be alert for assailants leaving the scene Listen carefully and approach cautiously Entering the residence: Any resident consents to the entry Exigent circumstances require that the officer enter without consent Exigent means requiring immediate action In some instances the 911 call itself may support a determination of exigent circumstances or include an invitation to enter without force. Dealing with the incident: Diffuse the violence Be neutraldo not take sides Do not blame the victim or make comments that could indicate fault on the victims part (for example, avoid questions such as what did you do to make him/her angry?) Locate and interview the complaining party Locate and interview the involved parties Locate an interpreter if necessary o Contact the local family violence program if special assistance is needed o Never ask a bi-lingual suspect to interpret for a non-English speaking victim, and avoid using children as interpreters unless absolutely necessary Locate witnesses and interview Determine if any weapons were involved or are in the residence and secure them if necessary Observe and listen when responding to family violence situations o 80% of crisis situations can be diffused through listening o Always ask any children what happened out of sight and hearing of the adultsand document their response Inform all parties what action is to be taken. If arresting, advise victim of intention. Explain that arrest is taking place because the law has been broken Take photos of the victims, suspects, children and the scene as appropriate Apply report-writing techniques for documenting domestic violence incidents Document everything! Even if the victim is unavailable for trial, your report could result in a good case and a conviction if it is accurate and thorough You only get one chance at fresh crime scene evidence! If the family violence is present or alleged, Officers are required to make a written report CCP5.05 o Family Violence Report form: UCR-10 o Notice to adult Victims of Family Violence (English and Spanish) (CCP 5.03, 5.04, 5.05)

Note to the instructor: See handout Notice to Adult Victims of Family Violence (English and Spanish) Reference: Texas Council on Family Violence www.tcfv.org or 800-525-1978. Note to the instructor: The Texas Council on Family Violence has a model protocol and sample forms. Refer back to Patrol Procedures unit for responding to family violence. Role-play activity to family violence. Research local agencies 7.4.2 Give examples of community resources and referrals. Community resources and referrals: Crime Victims Assistance personnel at the PD or SO Victim service units when investigating domestic violence incidents Nearest Family violence shelter or outreach program Rape crisis centers Public Assistance agencies, i.e., food stamps, Temporary Assistance for Needy Families (TANF), WIC, DHS District or County Attorneys Office Texas Council on Family Violence www.tcfv.org or 800-525-1978 National Domestic Violence Hotline (1-800-779-7233)