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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal procedure Art. 2.30

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.30




In the state of Texas, the criminal justice system has various statutes and procedures in place to protect victims and ensure transparency in the investigation and reporting of criminal offenses. One such statute is Article 2.30 of the Texas Code of Criminal Procedure. This article focuses on reporting and information provision for specific assaultive and terroristic offenses. Let's delve into the key aspects of Article 2.30.

Scope of Article 2.30.


Article 2.30 applies exclusively to a specific set of offenses, which are as follows:

  1. Assault: Under Section 22.01 of the Texas Penal Code.

  2. Aggravated Assault: Under Section 22.02 of the Texas Penal Code.

  3. Sexual Assault: As defined by Section 22.011 of the Texas Penal Code.

  4. Aggravated Sexual Assault: Covered by Section 22.021 of the Texas Penal Code.

  5. Terroristic Threat: Under Section 22.07 of the Texas Penal Code.

Reporting Requirements


When an alleged commission of one of the above-listed offenses occurs, Article 2.30 mandates that a peace officer who investigates the matter must prepare a detailed written report. This report should contain specific information required by Article 5.05(a) of the Texas Code of Criminal Procedure. The aim here is to ensure that a comprehensive record of the incident is created during the investigative process.

Information Provision to Victims


One of the crucial provisions of Article 2.30 is its focus on providing information to victims of these offenses. If you are a victim of one of the offenses covered by this article, you have certain rights:

  1. Access to Written Report: You have the right to request access to the written report prepared by the investigating peace officer. This report should contain essential details about the incident in question.

  2. Additional Information: In addition to the report, you are entitled to receive information described by Article 5.05(a)(1) or (2). This information can be crucial for understanding the progress of the case.

  3. No Cost to the Victim: Importantly, all the information you are entitled to under Article 2.30 should be provided to you at no cost. This provision is designed to ensure that victims are not financially burdened while seeking information related to their cases.

Exemptions and Effective Date


It's worth noting that the information provided under Article 2.30 is subject to exemptions outlined in Chapter 552 of the Texas Government Code and other relevant laws. Certain details may be exempt from disclosure if they fall under these provisions.

Article 2.30 was added to the Texas Code of Criminal Procedure by Acts 2007, 80th Leg., R.S., Ch. 1057 (H.B. 2210) and became effective on September 1, 2007. Its primary goal is to empower victims of specific assaultive and terroristic offenses by granting them access to pertinent information, ultimately promoting transparency and support within the criminal justice system.


Conclusion


Article 2.30 of the Texas Code of Criminal Procedure plays a vital role in protecting the rights of victims of assaultive and terroristic offenses. By requiring detailed reporting by investigating officers and ensuring victims' access to relevant information, it aims to foster a more transparent and supportive criminal justice system in the state of Texas. If you or someone you know has been a victim of such an offense, understanding your rights under Article 2.30 can be a crucial step in seeking justice and closure.


Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses: (1) assault under Section 22.01, Penal Code; (2) aggravated assault under Section 22.02, Penal Code; (3) sexual assault under Section 22.011, Penal Code; (4) aggravated sexual assault under Section 22.021, Penal Code; and (5) terroristic threat under Section 22.07, Penal Code. (b) A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a). (c) On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: (1) contained in the written report prepared under Subsection (b); (2) described by Article 5.05(a)(1) or (2); and (3) not exempt from disclosure under Chapter 552, Government Code, or other law. Added by Acts 2007, 80th Leg., R.S., Ch. 1057 (H.B. 2210), Sec. 1, eff. September 1, 2007.

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