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Texas Code of Criminal Procedure - CRIM P Art. 5.06. Duties of prosecuting attorneys and courts

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Neither a prosecuting attorney nor a court may:

(1) dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes family violence because a civil proceeding is pending or not pending; or

(2) require proof that a complaining witness, victim, or defendant is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship before presenting a criminal allegation to a grand jury, filing an information, or otherwise proceeding with the prosecution of a criminal case.

(b) A prosecuting attorney's decision to file an application for a protective order under Chapter 71, Family Code, should be made without regard to whether a criminal complaint has been filed by the applicant. A prosecuting attorney may require the applicant to provide information for an offense report, relating to the facts alleged in the application, with a local law enforcement agency.

(c) The prosecuting attorney having responsibility under Section 71.04(c), Family Code, for filing applications for protective orders under Chapter 71, Family Code, shall provide notice of that responsibility  1to all law enforcement agencies within the jurisdiction of the prosecuting attorney for the prosecuting attorney.

1 Acts 1995, 74th Leg., ch. 1024, § 25 here read “those responsibilities” in lieu of “that responsibility”.
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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 5.06. Duties of prosecuting attorneys and courts - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-5-06/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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