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A BILL TO BE ENTITLED
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AN ACT
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relating to documentation regarding an arrest of a person without a |
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warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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amended by adding Article 14.052 to read as follows: |
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Art. 14.052. AFFIDAVIT REQUIRED AFTER ARREST WITHOUT |
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WARRANT. (a) A peace officer who arrests a person without a |
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warrant shall, as soon as practicable but before the person is taken |
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before a magistrate as provided by Article 14.06: |
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(1) prepare an affidavit containing a statement of the |
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probable cause for the arrest; and |
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(2) either: |
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(A) file the affidavit with the magistrate before |
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whom the defendant is to be taken; or |
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(B) give the affidavit to the officer to whom |
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custody of the person is transferred. |
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(b) The affidavit must be in writing. An affidavit in an |
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electronic format with an electronic signature satisfies the |
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requirements of this subsection. |
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(c) If a peace officer arrests a person without a warrant |
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for an offense punishable by a fine only, the affidavit required by |
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Subsection (a) must include a statement of the reason the officer |
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determined that it was necessary to arrest the person and take the |
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person or have the person taken before a magistrate as provided by |
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Article 14.06, instead of issuing to the person a citation |
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containing written notice of the time and place the person must |
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appear before a magistrate. |
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SECTION 2. Article 17.033(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as provided by Subsection (c), a person who is |
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arrested without a warrant and who is detained in jail must be |
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released on bond, in an amount not to exceed $5,000, not later than |
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the 24th hour after the person's arrest if the person was arrested |
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for a misdemeanor and a magistrate has not determined whether |
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probable cause exists to believe that the person committed the |
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offense or an affidavit meeting the requirements of Article 14.052 |
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has not been filed with the court. If the person is unable to obtain |
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a surety for the bond or unable to deposit money in the amount of the |
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bond, the person must be released on personal bond. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |