§ 5.05 — REPORTS AND RECORDS.

Texas § 5.05

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Text of article effective until April 01, 2027
Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of its disposition; and
(5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status.
(a-1) In addition to the written report required under Subsection (a), a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center. The report under this subsection may be made orally or electronically and must:
(1) include the information required by Subsection (a); and
(2) be filed with the Department of Family and Protective Services within 24 hours of the beginning of the investigation or receipt of the disturbance call.
(a-2) If a suspect is identified as being a member of the military, as described by Subsection (a)(5), the peace officer shall provide written notice of the incident or disturbance call to the staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which the suspect is assigned with the intent that the commanding officer will be notified, as applicable.
(b) Each local law enforcement agency shall establish a departmental code for identifying and retrieving family violence reports as outlined in Subsection (a) of this section. A district or county attorney or an assistant district or county attorney exercising authority in the county where the law enforcement agency maintains records under this section is entitled to access to the records. The Department of Family and Protective Services is entitled to access the records relating to any person who is 14 years of age or older and who resides in a licensed foster home or a verified agency foster home.
(c) In order to ensure that officers responding to calls are aware of the existence and terms of protective orders, each municipal police department and sheriff shall establish procedures within the department or office to provide adequate information or access to information for law enforcement officers of the names of persons protected by a protective order and of persons to whom protective orders are directed.
(d) Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless:
(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was issued; or
(3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated.
(e) A peace officer who makes a report under Subsection (a) of this article shall provide information concerning the incident or disturbance to the bureau of identification and records of the Department of Public Safety for its recordkeeping function under Section 411.042 , Government Code. The bureau shall prescribe the form and nature of the information required to be reported to the bureau by this article.
(f) On request of a victim of an incident of family violence, the local law enforcement agency responsible for investigating the incident shall provide the victim, at no cost to the victim, with any information that is:
(1) contained in the written report prepared under Subsection (a);
(2) described by Subsection (a)(1) or (2); and
(3) not exempt from disclosure under Chapter 552 , Government Code, or other law.

Legislative History

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985. Subsec. (d) amended by Acts 1989, 71st Leg., ch. 614, Sec. 27, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, Sec. 8, eff. Sept. 1, 1989; Subsec. (a) amended by and Subsec. (e) added by Acts 1993, 73rd Leg., ch. 900, Sec. 8.01, eff. Sept. 1, 1993. Amended by: Acts 2007, 80th Leg., R.S., Ch. 524 (S.B. 723 ), Sec. 3, eff. June 16, 2007. Acts 2007, 80th Leg., R.S., Ch. 1057 (H.B. 2210 ), Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 327 (H.B. 2624 ), Sec. 2, eff. September 1, 2011. Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610 ), Sec. 3.01, eff. April 1, 2027.