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									 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.

Other State Pre-               Must demonstrate a successful completion of a state POST-
Requisites:                    approved (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 Pre-               In addition, the licensee or certificate holder must meet all other
Requisites:                    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   The Texas Code of Criminal Procedures Section 2.122 recognizes
Agents:                      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.)    Special Agents of the Federal Bureau of Investigation;
                                (2.)    Special Agents of the Secret Service;
                                (3.)    Special Agents of the United States Customs Service;
                                (4.)    Special Agents of Alcohol, Tobacco and Firearms;
                                (5.)    Special Agents of the Federal Drug Enforcement
                                        Agency;
                                (6.)    Inspectors of the United States Postal Service;
                                (7.)    Special Agents of the Criminal Investigation Division
                                        and Inspectors of the Internal Security Division of the
                                        Internal Revenue Service;
                                (8.)    Civilian Special Agents of the United States Naval
                                        Investigative Service;
                                (9.)    Marshals and Deputy Marshals of the United States
                                        Marshals Service;
                                (10.)   Special Agents of the United States Immigration and
                                        Naturalization Service;
                                (11.)   Special Agents of the United States Department of
                                        State, Bureau of Diplomatic Security
                                (12.)   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;
                                (13.)   A customs inspector of the United States Customs
                                        Service or a Border Patrolman or Immigration Officer of
                                        the United States Department of Justice;
                                (14.)   A commissioned law enforcement officer of the National
                                        Parks Service
                                (15.)   A Special Agent or Law Enforcement Officer of the
                                        United States Forest Service; and
                                (16.)   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   Qualifying Federal Officers must:
Agents
                                 (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
                                 (2.)    Have honorably served (employed; benefits eligible) in
                                         one of the above federal capacities for twelve
                                         consecutive months, following initial basic training; and
                                 (3.)    Have successfully completed a Supplementary Peace
                                         Officer training course, the curriculum of which is
                                         developed by TCLEOSE.

                             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:            A minimum of 120 hours.

Facility Requirements:       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
         Magistrate’s 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 driver’s 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
              o    Applicability - TC 522.004
              o    Definitions - TC 522.003
              o    Commercial driver’s license
                        Commercial driver learner’s 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

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 operator’s 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

   Dealer’s and manufacturer’s vehicle license plates:
       Dealer’s temporary cardboard tags – TC 503.062
       Buyer’s 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 cashier’s check with county judge – TC 601.123
        Self-insurance – TC 601.124

3.1.27 Understand regulations regarding operation of vehicles in violation of driver’s
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
        Operator’s accident report - TC 550.061
        Officer’s 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 driver’s
              license
            Injured operator of vehicles, locate driver’s 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 driver’s 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 victim’s 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 Officer’s 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 driver’s 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
Children’s 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
          Youth’s 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 victim’s 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 victim’s agreement or cooperation is not necessary to file
                  charges, make an arrest or prosecute the offender

               o   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
                   victim’s claim of injury.
          Injury to a child, elderly person or disabled individual - PC 22.04
          Aggravated Kidnapping - PC 20.04
          Kidnapping - PC 20.03
          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 Magistrate’s 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 magistrate’s order for
emergency protection.

          Rights of crime victims - CCP Chapter 56
          Magistrate’s 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: Black’s 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: Black’s 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 neutral…do not take sides
           Do not blame the victim or make comments that could indicate fault on the
             victim’s 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
                      adults…and 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 Victim’s 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 Attorney’s Office
              Texas Council on Family Violence www.tcfv.org or 800-525-1978
              National Domestic Violence Hotline (1-800-779-7233)

								
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