| 1 | 1 | | By: Wilson, et al. (Senate Sponsor - Buckingham) H.B. No. 1574 |
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| 2 | 2 | | (In the Senate - Received from the House May 10, 2017; |
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| 3 | 3 | | May 10, 2017, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 21, 2017, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 6, Nays 0; May 21, 2017, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to documentation regarding an arrest of a person without a |
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| 12 | 12 | | warrant. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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| 15 | 15 | | amended by adding Article 14.052 to read as follows: |
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| 16 | 16 | | Art. 14.052. AFFIDAVIT REQUIRED AFTER ARREST WITHOUT |
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| 17 | 17 | | WARRANT. (a) A peace officer who arrests a person without a |
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| 18 | 18 | | warrant shall, as soon as practicable but before the person is taken |
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| 19 | 19 | | before a magistrate as provided by Article 14.06: |
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| 20 | 20 | | (1) prepare an affidavit containing a statement of the |
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| 21 | 21 | | probable cause for the arrest; and |
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| 22 | 22 | | (2) either: |
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| 23 | 23 | | (A) file the affidavit with the magistrate before |
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| 24 | 24 | | whom the defendant is to be taken; or |
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| 25 | 25 | | (B) give the affidavit to the officer to whom |
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| 26 | 26 | | custody of the person is transferred. |
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| 27 | 27 | | (b) The affidavit must be in writing. An affidavit in an |
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| 28 | 28 | | electronic format with an electronic signature satisfies the |
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| 29 | 29 | | requirements of this subsection. |
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| 30 | 30 | | (c) If a peace officer arrests a person without a warrant |
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| 31 | 31 | | for an offense punishable by a fine only, the affidavit required by |
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| 32 | 32 | | Subsection (a) must include a statement of the reason the officer |
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| 33 | 33 | | determined that it was necessary to arrest the person and take the |
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| 34 | 34 | | person or have the person taken before a magistrate as provided by |
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| 35 | 35 | | Article 14.06, instead of issuing to the person a citation |
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| 36 | 36 | | containing written notice of the time and place the person must |
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| 37 | 37 | | appear before a magistrate. |
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| 38 | 38 | | SECTION 2. Article 17.033(a), Code of Criminal Procedure, |
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| 39 | 39 | | is amended to read as follows: |
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| 40 | 40 | | (a) Except as provided by Subsection (c), a person who is |
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| 41 | 41 | | arrested without a warrant and who is detained in jail must be |
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| 42 | 42 | | released on bond, in an amount not to exceed $5,000, not later than |
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| 43 | 43 | | the 24th hour after the person's arrest if the person was arrested |
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| 44 | 44 | | for a misdemeanor and a magistrate has not determined whether |
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| 45 | 45 | | probable cause exists to believe that the person committed the |
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| 46 | 46 | | offense or an affidavit meeting the requirements of Article 14.052 |
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| 47 | 47 | | has not been filed with the court. If the person is unable to obtain |
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| 48 | 48 | | a surety for the bond or unable to deposit money in the amount of the |
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| 49 | 49 | | bond, the person must be released on personal bond. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 51 | | to a person who is arrested on or after the effective date of this |
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| 52 | 52 | | Act. A person arrested before the effective date of this Act is |
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| 53 | 53 | | governed by the law in effect on the date the person was arrested, |
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| 54 | 54 | | and the former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2017. |
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| 56 | 56 | | * * * * * |
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