PREFILED JAN 13 2020
|
REFERENCE TITLE: arrest warrant; affidavit; issuance |
|
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
|
|
HB 2239 |
|
|
|
Introduced by Representative Kern
|
AN ACT
amending title 13, chapter 38, article 7, Arizona Revised Statutes, by adding section 13‑3904; relating to arrest warrants.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3904, to read:
13-3904. Arrest warrant; grounds; form of warrant; definition
A. A magistrate shall issue an arrest warrant after reviewing an affidavit that is sworn to or affirmed before the magistrate and that outlines the facts sufficient to establish probable cause that a specific offense has been committed and that a particular person committed that offense.
B. The arrest warrant shall be in substantially the following form:
County of ___________________, state of Arizona.
To any peace officer in the state of Arizona:
Proof by affidavit having been this day made before me by (naming every person whose affidavit has been taken) there is probable cause for believing that the crime of (list the specified crime) has been committed by (name of specified suspect). You are commanded to arrest (name of specified suspect) and bring the arrested person before a magistrate as prescribed by section 13‑3897, Arizona Revised Statutes.
Given under my hand or direction and dated ___________________
____________________________________________
(judge, justice of the peace or magistrate.)
C. For the purposes of this section, "arrest warrant" means an order in writing that is issued in the name of the state of Arizona, that is signed by a magistrate, that is directed to a peace officer and that commands a peace officer to arrest the person against whom probable cause has been established and to take that person before a magistrate as prescribed in section 13‑3897.