PREFILED JAN 08 2021
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REFERENCE TITLE: arrest procedures; magistrates |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2066 |
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Introduced by Representatives Roberts: Fillmore
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AN ACT
amending sections 13‑3898, 13‑3900, 13‑3963 and 13‑3964, Arizona Revised Statutes; relating to arrest.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3898, Arizona Revised Statutes, is amended to read:
13-3898. Arrest without warrant; magistrate; complaint
A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.
B. The provisions of Subsection A of this section shall does not apply where if the person making the arrest is a peace officer and decides to proceed under the provisions of section 13‑3903.
Sec. 2. Section 13-3900, Arizona Revised Statutes, is amended to read:
13-3900. Duty of private person after making arrest
A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him the person arrested to a peace officer, who shall without unnecessary delay take him the person arrested before such either the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed. The private person or peace officer so taking who takes the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the peace officer cannot make the complaint, the private person who delivered the person arrested to the peace officer shall accompany the peace officer before the magistrate and shall make to the magistrate the complaint against the person arrested.
Sec. 3. Section 13-3963, Arizona Revised Statutes, is amended to read:
13-3963. Arrest with warrant; admission to bail when arrest occurs in another county
A. When an arrest by virtue of a warrant occurs in a county other than that in which the alleged offense was committed and the warrant issued, the person arrested shall without unnecessary delay be taken either before the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county in which the offense was committed.
B. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant incudes a bond amount, the officer making the arrest shall, upon on being so required requested by the person arrested, shall take him the person arrested before a magistrate or other official of such the county in which the arrest occurs or the county in which the offense was committed having authority to admit the person arrested to bail for such offense, who shall admit him the person arrested to bail for his appearance before the magistrate who issued the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in the same county and order the person arrested to appear in the court that issued the warrant.
Sec. 4. Section 13-3964, Arizona Revised Statutes, is amended to read:
13-3964. Bail when warrant issued in other county
A. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant includes a bond amount, the officer making the arrest shall, upon on being so required requested by the person arrested, shall take him the person arrested either:
1. Before a magistrate or other official, having authority to admit to bail for such offense, of the county in which the arrest is made, who shall admit him the person arrested to bail for his appearance before the magistrate named or otherwise designated in the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in such county.
2. Before a magistrate or other official of the county in which the offense was committed who has the authority to admit to bail for the offense and who shall admit the person arrested to bail.
B. The magistrate or other official who admits the person arrested to bail shall order the person arrested to appear in the court that issued the warrant.