 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
arrest procedures; magistrates
Purpose
Allows a person being arrested in a different county than where the offense was committed to be taken to a magistrate either in the county where the arrest occurs or the county where the offense was committed.
Background
Statute requires a person arrested without a warrant to be taken before the nearest or most accessible magistrate in the county in which the arrest occurs without unnecessary delay. A complaint must be made before the magistrate, setting forth the facts and the basis for the statement of the facts, showing the offense for which the person was arrested (A.R.S. § 13-3898). Further, a private person who makes an arrest must take the person arrested before the nearest or most accessible magistrate in the county in which the arrest occurs or deliver the person arrested to a peace officer who must take the person arrested before a magistrate without unnecessary delay. The private person or peace officer must make a complaint, setting forth the facts showing the offense for which the person was arrested. If a peace officer cannot make the complaint, the private person who delivered the arrested person to the officer must accompany the officer before the magistrate to make the complaint (A.R.S. § 13-3900).
When an arrest is made pursuant to a warrant in a county other than where the offense was committed and where the warrant was issued, the arrested person is bailable as of right, the peace officer making the arrest must take the person arrested before a magistrate or other authorized official within the county to admit the arrested person to bail. If the arrested person is brought before a magistrate or other official, the peace officer will admit the person to bail before the magistrate who issued the warrant. If the magistrate who issued the warrant is absent or unable to act, the peace officer will do so before the nearest or most accessible magistrate in the same county (A.R.S. §§ 13-3963 and 13-3964).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person being arrested in a different county than where the offense was committed to be taken either to the nearest or most accessible magistrate in the county where the arrest occurs or to a magistrate in the county where the offense was committed if:
a) the person is arrested without a warrant;
b) the person is arrested pursuant to a warrant; or
c) the person is arrested by a private person.
2. Allows a peace officer to take an arrested person who is bailable as of right, when the warrant includes a bond amount, to a magistrate or other authorized official in the county in which the offense was committed.
3. Requires the magistrate or other official who admits the person arrested to bail to order the person arrested to appear in the court that issued the warrant.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 1/27/21 DP 10-0-0
3rd Read 2/4/21 58-0-1-0-1
Prepared by Senate Research
March 2, 2021
JA/RC/gs