ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

                                                                                     House: JUD DP 10-0-0-0 | 3rd Read 58-0-1-0

                                                                                        Senate: JUD DP 8-0-0-0 | 3rd Read 30-0-0-0

HB 2066: arrest procedures; magistrates

Sponsor:  Representative Roberts, LD 11

Transmitted to the Governor

Overview

Allows a peace officer or private citizen to take an arrested person to 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.

History

A person arrested without a warrant must be taken to the nearest or most accessible magistrate in the county in which the arrest was made (A.R.S. § 13-3898).

A private person who has made an arrest must take the person arrested to the nearest or most accessible magistrate in the county in which the arrest was made, or deliver the person to a peace officer, who must take the person before the magistrate (A.R.S. § 13-900).

If a warrant is issued for an arrest in one county, and an officer arrests that person in another county, the officer must take the arrested person to the magistrate or other official with authority to admit bail. If the magistrate or other official with authority to admit bail is unable to admit the arrested person to bail at the time, the officer must take the arrested person to the nearest magistrate in that same county (A.R.S. § 13-3963).

If a person arrested is bailable, the arresting officer must, upon being so required by the arrested person, take the person before a magistrate or other official who has authority to admit to bail for such offense in the county the arrest was made, who must admit them to bail for their appearance before the magistrate named or otherwise designated in the warrant. If the magistrate or county official having authority to admit to bail for such offense is absent or unable to act, the officer making the arrest must take the person to the nearest or most accessible magistrate in the same county (A.R.S. § 13-3964).

Provisions

1.   Allows a person arrested without a warrant in another county to be taken to 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. (Sec. 1)

2.   Allows a private person who made an arrest to take the person arrested without a warrant in another county to either the nearest or most accessible magistrate in the country in which the arrest occurs, or a magistrate in the county where the offense was committed. (Sec. 2)

3.   Requires a person arrested by a warrant occurring in a county other than that in which the alleged offense was committed, to 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. (Sec. 3)

4.   Allows an officer to take an arrested person to a magistrate or other official who has the authority to admit to bail where the offense was committed and admit the arrested person to bail. (Sec. 4)

5.   Requires the magistrate or other official who admits the person arrested to bail to order the arrested person appear in the court that issued the warrant. (Sec. 4)

6.   Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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                        HB 2066

Initials LC        Page 0 Transmitted

 

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