Texas Code of Criminal Procedure

§ 15.17 — DUTIES OF ARRESTING OFFICER AND MAGISTRATE

CR § 15.17Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 15. ARREST UNDER WARRANT

Statute text

(a)In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state. The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of a videoconference. If the arrested person is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and residing at a civil commitment facility as defined by Section 1.07, Penal Code, the magistrate may also choose to perform the duties of this article at the civil commitment facility. The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel. If applicable, the magistrate shall inform the person that the person may file the affidavit described by Article 17.028(f). If the person does not speak and understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Articles 38.30 and 38.31, as appropriate. The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized under Article 26.04 to appoint counsel for indigent defendants in the county, the magistrate shall appoint counsel in accordance with Article 1.051. If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel. The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense and whether the bail decision is subject to Article 17.027, admit the person arrested to bail if allowed by law. A record of the communication between the arrested person and the magistrate shall be made. The record shall be preserved until the earlier of the following dates: (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the record is made if the person is charged with a misdemeanor or the 120th day after the date on which the record is made if the person is charged with a felony. For purposes of this subsection, "videoconference" means a two-way electronic communication of image and sound between the arrested person and the magistrate and includes secure Internet videoconferencing. (a-1) If a magistrate is provided written or electronic notice of credible information that may establish reasonable cause to believe that a person brought before the magistrate has a mental illness or is a person with an intellectual disability, the magistrate shall conduct the proceedings described by Article 16.22 or 17.032, as appropriate. (a-2) 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)After an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court. The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order. The accused shall receive a copy of the order on release. If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a warrant for the arrest of the accused. If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should set as the amount of bail an amount double that generally set for the offense for which the accused was arrested. This subsection does not apply to an accused who:

(1)has previously been convicted of a felony or a misdemeanor other than a misdemeanor punishable by fine only; or

(2)is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, at the time of the offense.

(c)When a deaf accused is taken before a magistrate under this article or Article 14.06 of this Code, an interpreter appointed by the magistrate qualified and sworn as provided in Article 38.31 of this Code shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language.

(d)If a magistrate determines that a person brought before the magistrate after an arrest authorized by Article 14.051 of this code was arrested unlawfully, the magistrate shall release the person from custody. If the magistrate determines that the arrest was lawful, the person arrested is considered a fugitive from justice for the purposes of Article 51.13 of this code, and the disposition of the person is controlled by that article.

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Legislative history

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 3, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 320 (H.B. 2391), Sec. 2, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 735 (S.B. 415), Sec. 1, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 1, eff. September 1, 2017. Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 3, eff. January 1, 2022. Acts 2025, 89th Leg., R.S., Ch. 861 (S.B. 1896), Sec. 3, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1069 (H.B. 75), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 11, eff. September 1, 2025.