Bill Text: TX SB630 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to documentation regarding an arrest of a person without a warrant.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-10 - Not again placed on intent calendar [SB630 Detail]
Download: Texas-2017-SB630-Comm_Sub.html
By: Buckingham | S.B. No. 630 | |
(In the Senate - Filed January 26, 2017; February 13, 2017, | ||
read first time and referred to Committee on Criminal Justice; | ||
May 3, 2017, reported favorably by the following vote: Yeas 6, | ||
Nays 0; May 3, 2017, sent to printer.) | ||
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relating to documentation regarding an arrest of a person without a | ||
warrant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 14, Code of Criminal Procedure, is | ||
amended by adding Article 14.052 to read as follows: | ||
Art. 14.052. AFFIDAVIT REQUIRED AFTER ARREST WITHOUT | ||
WARRANT. (a) A peace officer who arrests a person without a | ||
warrant shall, as soon as practicable but before the person is taken | ||
before a magistrate as provided by Article 14.06: | ||
(1) prepare an affidavit containing a statement of the | ||
probable cause for the arrest; and | ||
(2) either: | ||
(A) file the affidavit with the magistrate before | ||
whom the defendant is to be taken; or | ||
(B) give the affidavit to the officer to whom | ||
custody of the person is transferred. | ||
(b) The affidavit must be: | ||
(1) in writing; or | ||
(2) provided orally to the applicable magistrate and | ||
recorded. | ||
SECTION 2. Article 17.033(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (c), a person who is | ||
arrested without a warrant and who is detained in jail must be | ||
released on bond, in an amount not to exceed $5,000, not later than | ||
the 24th hour after the person's arrest if the person was arrested | ||
for a misdemeanor and a magistrate has not determined whether | ||
probable cause exists to believe that the person committed the | ||
offense or an affidavit meeting the requirements of Article 14.052 | ||
has not been filed with the court. If the person is unable to obtain | ||
a surety for the bond or unable to deposit money in the amount of the | ||
bond, the person must be released on personal bond. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a person who is arrested on or after the effective date of this | ||
Act. A person arrested before the effective date of this Act is | ||
governed by the law in effect on the date the person was arrested, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
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