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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.295

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



Today, I want to shed some light on a crucial provision in the Texas Penal Code that deals with the unauthorized acquisition or transfer of certain financial information. If you or someone you know is facing charges related to this offense, it's essential to understand the implications of Art. 2.295 and how it can impact your case.


What is Texas Penal Code Section 2.295?

Art. 2.295, also known as the "Report Required in Connection with Unauthorized Acquisition or Transfer of Certain Financial Information," is a statute that outlines specific reporting requirements for peace officers when they are confronted with an alleged violation of Section 31.17 of the Texas Penal Code. Section 31.17 pertains to the unauthorized acquisition or transfer of financial sight orders or payment card information.


Reporting Requirements (Subsection (a))

When a peace officer receives a report of a suspected violation of Section 31.17, they are obligated to create a written report. This report must be submitted to the law enforcement agency employing the officer. The report must contain the following crucial information:

  1. Name of the Victim: The officer is required to record the name of the victim, which is essential for establishing the identity of the individual affected by the alleged offense.

  2. Name of the Suspect: If known, the report should include the name of the suspect. Identifying the alleged offender is crucial for initiating any necessary legal proceedings.

  3. Type of Financial Information: The report should detail the type of financial sight order or payment card information that was obtained or transferred in violation of Section 31.17. This information is critical in understanding the scope and severity of the alleged crime.

  4. Results of Any Investigation: Lastly, the report must provide an overview of the results of any investigation conducted by the peace officer. This could include findings related to evidence, witness statements, or other relevant details.

Victim's Right to Request the Report (Subsection (b))

Art. 2.295 also includes provisions to protect the rights of victims. Upon the victim's request, the law enforcement agency is obligated to provide the report created under Subsection (a) to the victim. However, it's important to note that the law enforcement agency should redact any otherwise confidential information contained in the report, except for the information explicitly described in Subsection (a). This is done to safeguard sensitive information and maintain the privacy and security of all parties involved.


Conclusion

In summary, Texas Penal Code Section 2.295 plays a crucial role in ensuring that proper reporting and documentation occur when allegations of unauthorized acquisition or transfer of certain financial information arise. For individuals facing charges related to Section 31.17, understanding this statute and its reporting requirements is essential. If you find yourself in such a situation, it's imperative to consult with an experienced criminal defense attorney who can provide you with expert legal guidance and support throughout your case.


If you have any questions or need legal assistance related to charges under Section 31.17 of the Texas Penal Code, don't hesitate to reach out to our firm. We're here to help you navigate the complexities of the law and protect your rights.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.


For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.


For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.

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