85R5068 MAW-F
By: Wilson, Murr, Lang, et al. H.B. No. 1574
A BILL TO BE ENTITLED
AN ACT
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.