By: Wilson, et al. (Senate Sponsor - Buckingham) H.B. No. 1574
         (In the Senate - Received from the House May 10, 2017;
  May 10, 2017, read first time and referred to Committee on Criminal
  Justice; May 21, 2017, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
  relating to documentation regarding an arrest of a person without a
         SECTION 1.  Chapter 14, Code of Criminal Procedure, is
  amended by adding Article 14.052 to read as follows:
  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 in writing. An affidavit in an
  electronic format with an electronic signature satisfies the
  requirements of this subsection.
         (c)  If a peace officer arrests a person without a warrant
  for an offense punishable by a fine only, the affidavit required by
  Subsection (a) must include a statement of the reason the officer
  determined that it was necessary to arrest the person and take the
  person or have the person taken before a magistrate as provided by
  Article 14.06, instead of issuing to the person a citation
  containing written notice of the time and place the person must
  appear before a magistrate.
         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.
  * * * * *