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
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 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.
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