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E-mail jfloyd@JohnTFloyd.com
CODE OF CRIMINAL PROCEDURE CHAPTER 8.
SUPPRESSION OF RIOTS AND OTHER DISTURBANCES
Art. 8.01. [95] [139] [129] Officer may require aid
When any officer authorized to execute process is resisted, or when
he has sufficient reason to believe that he will meet with
resistance in executing the same, he may command as many of the
citizens of his county as he may think proper; and the sheriff may
call any military company in the county to aid him in overcoming the
resistance, and if necessary, in seizing and arresting the persons
engaged in such resistance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.02. [96] [140] [130] Military aid in executing process
If it be represented to the Governor in such manner as to satisfy
him that the power of the county is not sufficient to enable the
sheriff to execute process, he may, on application, order any
military company of volunteers or militia company from another
county to aid in overcoming such resistance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.03. [97] [141] [131] Military aid in suppressing riots
Whenever, for the purpose of suppressing riots or unlawful
assemblies, the aid of military or militia companies is called,
they shall obey the orders of the civil officer who is engaged in
suppressing the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.04. [98] [142] [132] Dispersing riot
Whenever a number of persons are assembled together in such a manner
as to constitute a riot, according to the penal law of the State, it
is the duty of every magistrate or peace officer to cause such
persons to disperse. This may either be done by commanding them to
disperse or by arresting the persons engaged, if necessary, either
with or without warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.05. [99] [143] [133] Officer may call aid
In order to enable the officer to disperse a riot, he may call to his
aid the power of the county in the same manner as is provided where
it is necessary for the execution of process.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.06. [100] [144] [134] Means adopted to suppress
The officer engaged in suppressing a riot, and those who aid him are
authorized and justified in adopting such measures as are necessary
to suppress the riot, but are not authorized to use any greater
degree of force than is requisite to accomplish that object.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.07. [101] [145] [135] Unlawful assembly
The Articles of this Chapter relating to the suppression of riots
apply equally to an unlawful assembly and other unlawful
disturbances, as defined by the Penal Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.08. [102] [146] [136] Suppression at election
To suppress riots, unlawful assemblies and other disturbances at
elections, any magistrate may appoint a sufficient number of
special constables. Such appointments shall be made to each
special constable, shall be in writing, dated and signed by the
magistrate, and shall recite the purposes for which such
appointment is made, and the length of time it is to continue.
Before the same is delivered to such special constable, he shall
take an oath before the magistrate to suppress, by lawful means, all
riots, unlawful assemblies and breaches of the peace of which he may
receive information, and to act impartially between all parties and
persons interested in the result of the election.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 8.09. [103] [147] [137] Power of special constable
Special constables so appointed shall, during the time for which
they are appointed, exercise the powers and perform the duties
properly belonging to peace officers.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
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