Texas Code of Criminal Procedure

§ 14.06 — MUST TAKE OFFENDER BEFORE MAGISTRATE

CR § 14.06Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 14. ARREST WITHOUT WARRANT

Statute text

(a)Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 in any manner permitted by that article. (a-1) On presentation of a person arrested for committing an offense described by Article 17.292(a), the person making the arrest or the person having custody, as applicable, shall provide to the magistrate the information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection as provided by Article 17.292(d-3).

(b)A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains:

(1)written notice of the time and place the person must appear before a magistrate;

(2)the name and address of the person charged;

(3)the offense charged;

(4)information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and

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Legislative history

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 320 (H.B. 2391), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1379 (S.B. 1236), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 170 (S.B. 331), Sec. 7, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 9, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 1, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 125 (H.B. 914), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 861 (S.B. 1896), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 10, eff. September 1, 2025.