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Houston Criminal Defense Attorney- Texas Code of Criminal Procedure - Art. 2.29

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Houston Criminal Defense Attorney Article 2.29 Code of Criminal Procedure

In today's digital age, the misuse of personal information is on the rise. It's not uncommon to hear about cases involving identity theft and fraudulent use of identifying information. To combat this growing issue, Texas has established legal provisions to address such crimes. One of these provisions is Texas Code of Criminal Procedure Art. 2.29, which plays a crucial role in protecting the rights of individuals accused of these offenses.

Houston Criminal Defense Attorneys PLLC is here to shed light on this important legal provision and its significance in safeguarding your rights.


What is Texas Code of Criminal Procedure Art. 2.29?


Texas Code of Criminal Procedure Art. 2.29 focuses on the reporting requirements for peace officers when they receive a report of an alleged violation related to the fraudulent use or possession of identifying information. This provision ensures that law enforcement agencies handle such cases diligently and transparently.


Key Requirements for Houston Criminal Defense Attorneys under Art. 2.29


When a peace officer is informed of a suspected violation of Section 32.51 of the Texas Penal Code, they are obligated to create a detailed written report for their employing law enforcement agency. This report must include:

  1. The Name of the Victim: This is essential for establishing the identity of the individual who has been affected by the alleged crime.

  2. The Name of the Suspect: If known, the suspect's identity must be included to aid in the investigation.

  3. Type of Identifying Information: The report should specify the kind of identifying information that has been obtained, possessed, transferred, or used in violation of Section 32.51 of the Penal Code.

  4. Results of Investigation: Any findings from the investigation must be documented in the report.

Protection for Victims

Texas Code of Criminal Procedure Art. 2.29 also considers the rights of victims. If the victim requests it, the law enforcement agency must provide them with the report created under this provision. However, there is an important safeguard in place – any confidential information in the report (except for the information specified in Subsection (a)) must be redacted before it is shared with the victim. This ensures that sensitive information remains protected.


The Significance for Individuals Accused of These Crimes

For individuals facing allegations related to the fraudulent use or possession of identifying information, understanding Art. 2.29 is crucial. It ensures that law enforcement agencies follow proper procedures when handling such cases, which can help protect the rights of the accused.


Conclusion

At Houston Criminal Defense Attorneys PLLC, we believe in upholding the rights of every individual, including those accused of identity-related crimes. Texas Code of Criminal Procedure Art. 2.29 is just one example of the legal provisions in place to ensure fairness and transparency in the criminal justice system. If you or someone you know is facing charges related to fraudulent use or possession of identifying information, don't hesitate to contact us. Our experienced attorneys are here to provide you with the legal guidance and defense you need. Your rights matter, and we're here to protect them.


Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. (a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: (1) the name of the victim; (2) the name of the suspect, if known; (3) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and (4) the results of any investigation. (b) On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). Added by Acts 2005, 79th Leg., Ch. 294 (S.B. 122), Sec. 1(a), eff. September 1, 2005.


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