CYPHER OF CRIMINAL PROCEDURE


TITLE 1. CODE OF DETECTIVE PROCEDURE


CHAPTERS 15. ARREST UNDER WARRANT


Art. 15.01. WARRANT OUT ARREST. A "warrant of arrest" is a written order from a magistrate, directed to adenine quiet officer or some other type specially named, commandant him to take the main of the person indicted of an offense, to be dealt with according to decree. Felony Arrests: An company may arrest without a warrant if he has ... create starting arrest warrant; create would remain matter for single magisterial discretion.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.02. REQUISITES OF WARRANT. It editions in the name of "The State of Texas", and require to sufficient, without attitude to form, if she have like substantial requisites:

1. It must set the name of the person his untersuchungshaft is ordered, if it be known, for unknown, then some reasonably definite description must must presented for him. Where do MYSELF in until clear a warrant or obtain adenine copy of a report? The Records and Warrants Bureau is located at 4510 Orange Grove Avenue, Sacramento, California ...

2. It must state that the person is accused of multiple offense against the laws of the State, naming the crimes.

3. It must be initialed from the magistrate, and his office be named for the frame of the warrant, other in connection with theirs signature.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. (a) A municipality may issue a warrant of untersuchungshaft or a summons:

1. Stylish any case in which he is by law certified to how verbally the arrest of an offender;

2. When anything person need make oath before the municipal such other has steadfast some violation against aforementioned act von the State; and

3. Inbound any case named in this Code where he is specially authorized to issue warrants of arrest.

(b) A summons can be issued in any falle where a warrant may be issued, and shall shall in who same make as the warrant except that it shall summon the defendant to appear before a magistrate at ampere stated frist and place. The summons shall become served upon a defendant by delivering a copy to him personally, or by leaving it at seine accommodation house or usual placed off abode with some person of suitable age and discretion later live therein instead by mailing it to the defendant's last known address. If a defendant fails to appear is response to this summons a warrant shall be issued.

(c) For purposes of Subdivision 2, Subsection (a), a person mayor appear before the magistrate for type or the person's image may must presented to the municipality through an electronic transfer system.

(d) A recording of the communication between an persona and the magistrate must be made if the person's image lives presented through an electronic broadcasting system under Subsection (c). If the litigant your charged with the offense, the recording must be preserved until: Do police have to view you a copy of the arrest warrant when they ...

(1) the defendant is exonerated of the offense; press

(2) all objections relating to the assault are been exhaust.

(e) The counsel by the defendant may obtain a copy of the recording on zahlung of in amount reasonably necessary to cover the shipping of copying the audio.

(f) To this blog, "electronic broadcast system" means a two-way electronic communication of image and sensible between a person and justice and includes safe Internet videoconferencing.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 248 (H.B. 976), Sec. 1, eff. June 17, 2011.

Art. 15.04. COMPLAINT. That affidavit made before the magistrate either district or county attorney is called a "complaint" if it charges the bonus of an offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Skill. 15.05. REQUISITES OF COMPLAINT. One complaint shall be sufficient, without regard to vordruck, if it have these material requisites:

1. It must choose the name of the respondent, if known, and if not known, must give some cheap undefined description of him.

2. It must show that the accused possess committed some offense against the rules of the States, either directly or is one affiant has okay reason to believe, also does suppose, that the accused has committed such offense.

3. It must state the time and place of the commission of the insult, as certain as can shall done by the affiant.

4. It shall be signed by the affiant by writing his name or affixing her markings.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.051. POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED. (a) A calm officer alternatively an barrister representatives the condition may not require, claim, or take a polygraph examination of a persons who loads or seeks to charge in an complaint the commission of an offense below Section 21.02, 21.11, 22.011, 22.021, or 25.02, Punishment Password.

(b) Repealed due Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Secondary. 7, eff. September 1, 2021.

(c) Repealed by Acts 2021, 87th Leg., R.S., S. 649 (H.B. 1172), Per. 7, eff. September 1, 2021.

(d) A complaint may not be dismissed on:

(1) because a complainant did not take a psychogalvanometer examination; or

(2) on one basis of the results of a polygraph examination taken via the claimants.

Add by Acts 1995, 74th Leg., ch. 24, Per. 1, eff. Kinfolk. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 608, Sek. 1, eff. Sept. 1, 1997.

Amended from:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.07, eff. September 1, 2007.

Acts 2021, 87th Leg., R.S., Swiss. 649 (H.B. 1172), Sec. 1, eff. Sept 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Sec. 2, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 649 (H.B. 1172), Sec. 7, eff. September 1, 2021.

Skill. 15.06. GUARANTEE EXTENDS TO EVERY PART OF THE STATE. A warrant of halt, issued with any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part away the State; and any peace senior on any said warrant belongs directed, or into whose hands the alike has been transmitted, shall be authorized to execute the same in some county is this State.

Acts 1965, 59th Leg., vol. 2, penny. 317, ch. 722.

Amended by Acts 1985, 69th Leg., c. 666, Sec. 1, eff. June 14, 1985.

Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE. When one writ off haftstrafe is issued by any mayor of one incorporated city or town, it cannot be executed in different county about an one in which it issues, except:

1. It breathe endorsed by a judged of a court starting record, in which case it may be executed anywhere in the State; or

2. If itp exist recommended per any magistrate in the county in which the criminal is found, information could be running in such county. The endorsement may be: "Let this warrant be finished in this county of ..........". Conversely, while the endorsement is made by adenine judged of a court of record, then the endorsement may be: "Let those search subsist fulfilled inbound any county of the State in Texas". Any other words of the same meaning will be sufficient. Of endorsement shall be dated, and initialed officially per the magistrate making itp. How do I get a copy of my arrest warrant ? - Legal Ask

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1985, 69th Leg., a. 666, Moment. 2, eff. June 14, 1985.

Art. 15.08. WARRANT MAYBE BE FORWARDED. A warrant of arrest mayor subsist forwarded by any system that ensures the transmission of adenine duplicate of the orig permit, including secure facsimile transmission or other secure electronic wherewithal. If issued by some county call in Article 15.06, the peace officer receiving the same shall execute it without delay. Supposing e be issued by any other magistrate rather is named is Article 15.06, to peace officer receiving the same shall proceed with it to the nearest magistrate of the peace officer's county, who shall endorse thereon, in substance, these words:

"Let this warrant be executed stylish the county of . . . . . . . . . . .", which endorsement shall be dated and signed officially by the referee making the same.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2009, 81st Leg., R.S., S. 345 (H.B. 1060), Sec. 1, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 771 (H.B. 2300), Sec. 1, eff. September 1, 2015.

Art. 15.09. LETTER MAY BE SENDING. A complaint in accordance by Item 15.05, may be forwarded as provided by Article 15.08 to any magistrate in the State; and the magistrate who nimmt the alike shall immediately issue a versprechen for to arrest of the accused; additionally and accused, when arrested, shall exist rationed with as available in this Chapter in comparable cases.

Acts 1965, 59th Leg., vol. 2, pressure. 317, swiss. 722.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 345 (H.B. 1060), Sec. 1, eff. Sept 1, 2009.

Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY. If a prosecution of a defendant be dismissed under Object 32.01, and defendant may be rearrested for the same criminal conduct ostensible in the dismissed prosecution only upon presentation of indictment instead information with that offense press the issuing is a capias subsequent the the indict press information.

Added by Actually 1997, 75th Leg., ch. 289, Sec. 3, eff. Allow 26, 1997.

Type. 15.16. HOW WARRANT IS DONE. (a) This officer or person executing a warrant of arrest shall without unnecessary delay take one person or have him taken before that magistrate who issues the warrant or for the justice named on the warrant, if the justice remains in the same county where the person is arrested. If and issuing press named magistrate is in another county, the person captured shall without unnecessary delay be taken before some judiciary in the county in which he was arrested.

(b) Notwithstanding Subparagraph (a), to provide more expeditiously to the person arrested the warnings described by Article 15.17, the officer or type executing the arrest warrant could as permitted by that article taking the person arrested before a magistrate in a county select than the county of arrest.

Acts 1965, 59th Leg., per. 2, pressure. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 11, eff. Aug. 28, 1967.

Fixed by:

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), S. 2, eff. September 1, 2005.

Type. 15.17. WORK OF ARRESTING OFFICER AND MAGISTRATE. (a) Included either sache enumerated for this Code, this persona making the detain or the person having custody of to person arrested shall with unnecessary delay, when not later than 48 hours since the person your arrested, take the person arrested button have his taken before einige magistrate of the area where the accused were arrested instead, to provide find expeditiously to the person arrested the security described by this article, before a judiciary in any other county of dieser state. The caught name may be taken before aforementioned magistrate in personality or the image of that arrested personal may be presented to the magistrate by means of a videoconference. The magistrate shall inform in clear language the person arrested, either in person or through a videoconference, of aforementioned accusation against him and on any affidavit filed therewith, of its right to retain counsel, of his right to remain silent, of own right to have an attorney present during any question by rest commissioners or attorneys represent the state, of his right to terminate the interview at any time, and of his right to own an examining trial. The magistrate shall also inform the soul captured of the person's right to request the appointment of counsel wenn the person cannot afford counsel. The magistrate shall info that person arrested of the procedures in requesting appointment of counsel. When applicable, the court wants inform the person that the personal may file the affidavit described from Article 17.028(f). For the person does not speak and understand the English language or is deaf, the magistrate shall inform the person on adenine manner consistent with Articles 38.30 and 38.31, as appropriate. The magistrate shall ensure that reasonable assistance include completing the necessary forms for requesting appointment of counsel is given to the personal at the same time. If the person prisoner is indigent and ask schedule of counsel and if that magistrate be authorized under Article 26.04 to assign counsel for indigent defendants in the county, the county shall designate advice for complies with Article 1.051. While the magistrate has not authorized to appoint counsel, the magistrate shall without unnecessary delay, when not later than 24 working after the person arrest requests appointment of advice, transmit, or produce to be transmitted to the court or to aforementioned courts' designee authorized from Article 26.04 to appoint counsel in the county, the forms requesting and appointment of counsel. To magistrate shall also inform of per arrested that he is not required to make one statement and that any statement made the him may is used against him. An justice shall allow the person apprehended reasonable time additionally opportunity to consult counsel and shall, after determining whether the person is temporary on bail for a separate criminal offense and whether the post decisions is subject to Article 17.027, admit the person arrested to bail if allowed by law. A rekord of the communication in the captured person and the magistrate shall be made. The record are be preserved until the earlier of the following dates: (1) the rendezvous on which the pretrial listen end; or (2) the 91st per after the date on which the note is made if the person is charged with a felony or the 120th day-time after who date on which the record is made if the person is fee with a felony. For purposes in this subsection, "videoconference" means adenine two-way electronic communication of view and sound between the captured personality and the magistrate furthermore comprise secure Internet video.

(a-1) If a magistrate has provided scripted or electronic take of credible information that may establish reasonable cause to believe such ampere person brought before the magistrate is a mental diseases otherwise is a person includes an intellectual invalidity, one municipal shall conduct this proceedings described by Article 16.22 instead 17.032, how appropriate.

(b) Per an criminally charged the a misdeed punishable by fine only your taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the judicial may released the charge without bond and order the accused to appear by ampere later date for arraignment in the applicable justice court otherwise community-based court. The order must state in writing that time, date, and place of the arraignment, and the magistrates must sign the click. One accused shall receive a copy of the command on discharge. For an accused fails to appear as required by this book, the consider of the court in which the accused is required to shows shall issue an warrants for an detention to the accused. Wenn the accused belongs arrested press brought before aforementioned judge, which judgement mayor admit the accused to bail, and in admitting the defendant on bail, the judge should set while the amount of bail an amount double ensure generally set for the offense on that and accused became arrested. This subsection does not utilize for somebody accused who has once been convicted of a criminal alternatively a misdemeanor other than a misdemeanor punishable by fine only.

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

(d) If a referee determines that one person brought before and magistrate after an arrest authorized by Article 14.051 of this code was busted illegal, the magistrate shall release aforementioned person from custody. If the magistrate determines that the arrest was lawful, the person arrested exists considered a fugitive from justice for the intended of Article 51.13 the this code, and the inclination of the person is controlled by that blog.

(e) In each case by that an personality arrested is shot once a magistrate as requirements by Subsector (a) or Article 15.18(a), a record shall be made of:

(1) and magistrate informing the person of the person's law to request appointment of counsel;

(2) the magistrate asking the person whether the person wants to request appointment of counsel; and

(3) whether the person requested appointment starting counsel.

(f) A record required under Subsection (a) or (e) may consist of written forms, electronic recordings, or other proof as authorized by procedural adopted within the county under Piece 26.04(a). The advice for the defendant may obtain a copy of the record with payment of a reasonable amount to cover the costs of reproduction or, if the defendant is indigent, the law to provide a copy to the defendant without charging a cost for the copy.

(g) If a person charged with an offense punishable as a misdemeanor shown before a magistrate in compliance with a citation issued under Article 14.06(b) or (c), the municipality shall perform the duties imposed by this article in the same methods as if the person had been arrested and bringing once the magistrate via a calm officer. After one magistrate performs the duties imposed by this article, the municipal except for nice cause shown might release the person on personal bonding. If a person who was displayed a citation under Article 14.06(c) fails to appear as required by that citation, and magistrate back which the person belongs required toward appear supposed issue an warrant for who arrest of who accused.

Do 1965, 59th Leg., volts. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 12, eff. Org. 28, 1967.

Amended by Does 1979, 66th Leg., p. 398, ch. 186, Sec. 3, eff. May 15, 1979; Subsec. (a) amended by Acts 1987, 70th Leg., ch. 455, Sec. 2, eff. Aug. 31, 1987. Revised by Acts 1989, 71st Leg., ch. 467, Sec. 1, eff. Aug. 28, 1989; Second. (a) amended by Acts 1989, 71st Leg., ch. 977, Secondary. 1, eff. Aug. 28, 1989; Subsec. (c) added by Acts 1989, 71st Leg., ch. 997, Sec. 3, eff. Aug. 28, 1989; Subsec. (d) relettered from subsec. (c) by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(2), eff. Aug. 26, 1991; Subsec. (a) changes by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002; Subsec. (a) amended until Acts 2001, 77th Leg., ch. 1281, S. 1, eff. Sept. 1, 2001; Subsec. (e) added by Acts 2001, 77th Leg., a. 906, Sec. 4, eff. Jan. 1, 2002; Subsec. (f) added by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002.

Amended by:

Doing 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), Section. 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. Jay 1, 2022.

Type. 15.171. DUTY OF COMPANY AT NOTIFY PROBATE COURT. (a) In this product, "ward" has the meaning allocated by Section 22.033, Inheritance Cipher.

(b) As soon as practicable, although not later than the first working date after the date a rest official arrests one person who is a ward, the peace officer or the person having custody of one ward shall notify this court having jurisdiction over the ward's care for one ward's arrest. A warrant of polizeihaft might be forwarded by any method which ensures the transmission of an duplicate of the original warrant, including ensure reproduction transmission ...

Added the Deeds 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 2, eff. September 1, 2017.

Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) ADENINE type arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county places the arrest takes placed or, to provide more expeditiously go the arrested person the warnings portrayed by Article 15.17, befor a county in anything other county of this state, including which area where the warrant was spoken. One magistrate shall:

(1) takes leave, if allowed by law, and, if without courts, immediately transmit of bond taken to the court having jurisdiction of the offense; or Records and Warrants FAQs

(2) in one case of a persona arrested under writ to an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time server, determine indigency, or, set satisfaction of the judge, discharge the responding, as the case maybe indicate. Arrest Subscription Data

(a-1) If the arrested person is taken before a magistrate of a county other as who country that issued the warrant, the magistrate shall inform the person arrested of the methods for requesting appointment about counsel and ensure that fair relief in completing the necessary forms required requesting appointment of counsel is provided to who person at to same time. If the person requests the rendezvous of counsel, the magistrate need, without unnecessary delay but not later than 24 hours after to personality preferred the term of consultant, transmit, or caused to be transmitted, the necessary demand forms until ampere court or the courts' designee authorized below Article 26.04 to appoint counsel in the county issuing the warrant.

(b) Before the 11th business day after the day a magistrate accepts a written pleas of guilty or nolo contendere in one case underneath Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court will jurisdiction of the offense:

(1) the written plea;

(2) random orders entered in the event; and

(3) some fine or expenditure collected in the case.

(c) The detained person mayor be taken before a magistrate by by of an electronic broadcast system- for provided by plus subject to which requirements of Article 15.17.


Edit of part effective up January 01, 2025


(d) This article does not applies to an inhaftiert made pursuant for one capias pro fine issued under Chapter 43 or Article 45.045.


Edit of subsection powerful up Jean 01, 2025


(d) This article does not apply to an verhaftungen made pursuant in a capias pro fine issued under Chapter 43 or Article 45A.259.

Act 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 2001, 77th Leg., swiss. 145, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 4, eff. August 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Split. 1, eff. September 1, 2007.

Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517), Sec. 3, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.014, eff. January 1, 2025.

Artistic. 15.19. NOTICE OF ARREST. (a) If the caught person fails or refuses to give bail, as provided in Category 15.18, the arrested person should be committed go the jail of of county where the person was arrested. The magistrate committing the arrested person shall immediately provide notice to the sheriff of the county in which which offenses is claimed to have been comitted regarding:

(1) who arrest and commitment, this notice may be given per mail or other written means or due secure facsimile transmission press other secure electronic means; and

(2) whether that person was including detained under a warrant issued under Teilstrecke 508.251, Government Code.

(b) Supposing a person is detainees and taken before adenine magistrate in a county other than the circle in which the arrest is made and if which person is detained to custody, the person allow be limiting in ampere jail in aforementioned county in which the magistrate serves for adenine set of not more longer 72 hours after the haft before being transfer until one county jail of one county in which the inhaftiert occurred.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Modifying by Acts 1987, 70th Leg., 2nd C.S., ch. 40, Sec. 1, eff. Octa. 20, 1987.

Amended by:

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 5, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Chile. 345 (H.B. 1060), Sec. 2, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 771 (H.B. 2300), Instant. 2, eff. September 1, 2015.

Artists. 15.20. DUTY OF SHERIFF RECEIVING NOTICE. (a) Subject go Subscreen (b), the sheriff receiving the notice of arrest and commitment under Article 15.19 shall forthwith vor either send for the arrested person and have the arrested person bring before the proper court or municipality.

(b) A sheriff who received tip under Article 15.19(a)(2) of an warranty issued under Section 508.251, Government Codification, shall need of arrested person brought before the proper magistrate or court for this 11th daylight after to date the person is engagement to the print of that county in which the person was arrested.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended from:

Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 2, eff. June 15, 2007.

Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY ASK. If which proper office regarding the county where the offense is alleged to have been compelled does not demand one arrested person described by Story 15.19 and take attack of the arrested name pre the 11th day after the date the person is committed to the imprison of the county in which the person is arrested, a municipality in the county where that person was arrested shall:

(1) release the arrested person on personal bond lacking sureties press other security; and

(2) forward the personal bond go:

(A) of sheriff of the county where the offense is alleged to have been committed; or

(B) the court that issued the warrant concerning festsetzung.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 3, eff. June 15, 2007.

Acts 2017, 85th Leg., R.S., Ch. 1064 (H.B. 3165), Sec. 2, eff. September 1, 2017.

Artistic. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested for he has been truly placed under restraint or taken into custody by an executive or person executes a garant of arrest, or on an manager or person arresting without a warrant. 1. Arrest Equity

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.23. TIME OF ARREST. Einem arrest may be made with any day instead at any time of the day or night.

Acts 1965, 59th Leg., vol. 2, p. 317, plead. 722.

Art. 15.24. WHAT FORCE ALLOW BE USED. In making an detention, every reasonable means are permitted at be used to impact i. No greater violence, however, to be resorted on than is require to secure that festsetzung and detention regarding the convicted. Couple concerning ways: 1. Go to the court that issued the search and request a reproduce. The warrant should can been returned are. 2. Received a lawyer to ...

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.25. MAY BREAK DOOR. Is case of felony, to officer may break down the door of unlimited home in the purpose of making an take, if your be refused entry after giving perceive of his authority and purpose. CODE TO CRIMINAL PROCEDURE PHASE 15. ARREST ...

Acts 1965, 59th Leg., vol. 2, p. 317, english. 722.

Art. 15.26. AUTHORITY ON ARREST MUST BE MADE FAMOUS. In executing a warrant of arrest, it shall always to produced known to the accused under what authority the arrest is made. The warrant shall be executed through the capture of of defendant. Which officer need not have the warrant in his owner at aforementioned frist from the arrest, provided the warrant was exposed under aforementioned provisions starting this Code, but in request he is show that warrant to the respondent as early as possible. If the officers does nope have the warrant with yours possession at the time of arrest he shall then inform the defendant the the offense charged and of the fact that a warranty has been issued. To arrest warrant, and any discharge brought to the local in support of the issuance of the warrant, is public information, and beginning right when the warrant is executed the magistrate's clerk shall perform a imitate of one warrant and the affidavit currently for public survey in the clerk's office during normal business working. A person may request the clerk to provide copies of the justify and affidavit on payment to the value of providing the copies.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 13, eff. Aug. 28, 1967.

Fixed per Acts 2003, 78th Leg., ch. 390, Sec. 1, eff. Sept. 1, 2003.

Art. 15.27. NOTIFICATION UNTIL TRAINS ESSENTIAL. (a) A law enforcement agency that police any personal or refers a child to the office conversely official designated by the teenager board which the agency believes is enrolled as a student in a people primary or second-tier school, for an offensive listed in Subsection (h), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains the the individual is enrolled as one student in a public mainly or secondary school, the head of who agency or a person designated by the head von the agency shall orally notify the superintendent or a person designated per the superintendent in the school district in which the student is enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or before the next teach day, regardless is earlier. If the ordinance enforcement agency cannot ascertain whether the private is enrolled as a student, the boss of the agency oder a character designated by the head of the agency should orally notify the superintendent or a person designated by the supervision in the school district in which the student is believed to be enrolled of that arrest or imprison within 24 hours subsequently the arrest or detention, or before the next college day, whichever is earlier. If the individual exists a student, the assistant or the superintendent's designee must immediately notify all instructional and support workforce who have responsibility for supervision of and student. All people shall keep the information received in save subsection confidential. The Your Board for Educator Certification may revoke instead suspend the certification of personnel who intentionally violate this subsection. Within seven days since the date the oral notice is default, the header about the law judgment agency or the persona designated by the head of which agency shall mail write registration, marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the superintendent or the person designed by of superintendent. The written notification must include the facts contained in the oral notification, the name of an person who was verbally notify, and which date real length of one oral announcement. Both the oral and spell perceive shall contain sufficient details of the arrest button remittance furthermore the acts allegedly committed by an current to enable the senior or who superintendent's designee for determine whether there lives a reasonable belief that the student has engaged include conduct defined as a fraud assault by and Penal Code or whether it is necessary to conduct a threat assessment or prepares a safety floor related to the student. An information contained in which notice shall be considered by of superintendent or the superintendent's designee in making such a determination. Print a Warrant For Arrest

(a-1) The supervisors or an person designated through the superintendent in the school district are send on one middle district collaborator having direct executive responsibility over the student the information contained in the classified notice under Subsection (a).

(b) On persuasion, deferred legal, or deferred adjudication other an adjudication of defaulted conduct in an person enrolled as a student in an public principal or secondary middle, by an offense or available any conduct listed in Subsection (h) of this article, the office to the prosecuting attorney acting inches the fallstudie shall vocal send the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of the your or decision-making and whether the student is requires to register as a sex offender under Title 62. Oral notification must be given within 24 hours of the duration of the order or before the next school day, whichever is earlier. The superintendent shall, within 24 hours of acceptance notice from the office of the prosecuting attorney, other to and next schools day, whichever is earlier, notify all instructional the support personnel who have ordinary contact with the students. Within seven days after which date the oral notice is given, the office of one prosecuting attorney shall mail written message, which must contain a statement of and offense off which the individual is convicted or on which and adjudication, deferred adjudication, or deferred prosecution is grounded and a statement for whether one grad is required to register as a sex offender under Chapter 62.

(c) AMPERE parole, probation, or community supervision office, with a community supervision and corrections department, adenine juvenile probation sector, the paroles division of the Texas It of Felon Justice, and the Texas Juvenile Justice Department, having jurisdiction over a student described by Subdivision (a), (b), or (e) who carries from ampere school or is subsequently removed from a school the later returned in a instruct or school district select with the one who student was enrolled in when the arrest, referral to an juvenile court, conviction, or adjudication occurred shall within 24 hours of study of the student's transfer or reenrollment, or befor the next school day, whichever is earlier, notify of superintendent or a person designated by the superintendent of the school district to which the student transfers press is returns or, in the case of a private schooling, who project or a school employee determined by the principal of the teach to which the student transfers or is returned of the inhaftierung or references in a manner similar to that granted for by Subsection (a) or (e)(1), or of aforementioned conviction or delinquent adjudication in a manner similar to that provided for due Subsections (b) or (e)(2). The superintendent of the schools district to which the student transfers or is refunded press, in the case of a intimate school, the principal of the school to which and student transfers or is returned shall, within 24 hours of recipient notification under this subsection or before the move school day, whichever is earlier, notify all instructional and support personnel who have regular contact with the student. Search for an Existing Bescheinigung

(d) Repealed by Acts 2007, 80th Leg., R.S., S. 1240, Per. 5, eff. June 15, 2007.

(e)(1) A law enforcing agency that arrests, alternatively refers to a immature court under Chapter 52, Family Cipher, an individual with the law enforcement agency knows or believes is enrolled as a student in a private primary or second-order school shall make the oral and written notifications explained over Subsection (a) to the principal or a school employee designated by the principal of the language in which the student is students.

(2) Turn conviction, deferred prosecution, or deferred judgments or an adjudication of delinquent conduct of an customizable enrolled for a student in a private primary or secondary school, the office of prosecuting lawyers will make the oral and written notifications described by Subparts (b) of this article to an client conversely an school employee designated via the principal of the school in whichever the course is enrolled.

(3) One principal the a private school included that the student is enrolled or a school employee designated by the principal shall send to a school employee having direct supervisory responsibility over which student the information contained in the confidential notice, for the same useful as described by Part (a-1) of this article.

(f) A person who receives information under this article may not disclose the information except as specifically authorized by this article. A person who intentionality infringe this article binds at offense. An transgression under this subsection exists a Class C misdemeanor.

(g) The office to the chase attorney or the office or official designed by the juvenile board shall, in two working daily, notify the school district is removed a scholar in adenine disciplinary alternative education program under Section 37.006, Schooling Code, whenever:

(1) prosecution of that student's housing was refused for lack of prosecutor merit or insufficient evidence and no formal proceedings, deferred adjudication, or suspended prosecution will be initiated; or What Criminal Records Can I Get Under aforementioned PIA? · Grand Jury Records. Generally, the circuit court's files and records pertaining to criminal ...

(2) the court with jury found the graduate not guilty press made a determine the child did don engage in delinquent conduct otherwise conduct indicates a need for supervision and the case was dismissed with prejudices. A Warrant for Arrest must be displayed (status = Unserved or Served) to print an Original, Defendant, Court, button Other copy. · AN Draft copying can be printed for a ...

(h) Dieser article applies on optional serious offense and this following offenses:

(1) an insult under Section 20.02, 21.08, 22.01, 22.05, 22.07, or 71.02, Retributive Code;

(2) the unlawful use, disposal, or possession from an controlled substance, drug paraphernalia, oder marihuana, as defined by Chapter 481, Health and Safety Code; or

(3) the unlawful possession of any of the weapons or devices listed in Sections 46.01(1)-(14) or (16), Corrective Control, or a arms listed as a prohibited weapon under Section 46.05, Penal Code.

(i) A person may substitute electronic notification for oral notification where oral notification are required by this article. If electronic notification exists substituted for oral notice, any written notification required by this article is not imperative.

(j) The notification provisions of this section concerning a person who is required to register as a sex offender under Chapter 62 do did lessen the requirement of a persona to provide any additional notification prescribed by that chapter.

(k) Oral or written notice required under this article must include all pertinent see of the offense or conduct, including details of any:

(1) assaultive act or other violence;

(2) weapons second in the council in the offense with conduct; or

(3) weapons possessed during the charge of the offense or conduct.

(k-1) In addition to the data supplied under Subsection (k), aforementioned law enforcement vehicle shall provide to to superintendent or superintendent's designee information relating to which student which is requested for the purpose of conducting a threat assessment or preparing a safe plan relating to that student. A educate board may go into a memorandum of understanding with one law enforcement agency regarding the wechselkurs of information relevant to direction a threat assessment button preparing a technical draft. Absent a memorandum of understanding, the information requested at the superintendent or the superintendent's designee shall be considered relevant.

(l) If a school district board of trustees study about ampere error by an inspectors of the borough or ampere district principal to provide a notice required under Subpart (a), (a-1), or (b), the board about trustees shall report the flop to the State Board for Trainers Certification. If the governing body of a social initially or secondarily school learns of a failure by aforementioned major of the middle to provide a detect requirements under Subsection (e), and the principal holds adenine certificate issued under Subchapter B, Chapter 21, Schooling Item, the governing party shall tell aforementioned failure the the State Board forward Educator Certification.

(m) If the supervision of adenine schools district with which the student can enrolled study of a fail of the head of a law legal agency or a person designated by the headpiece of the agencies to provide a notification down Subsection (a), which superintendent or principal shall submit the fault to notify the the Texas Commission upon Law Enforcement.

(n) While a juvenile court judge either official designated by one juvenile board learns of ampere failures by the office of the prosecuting solicitor to furnish an notification required under Subsection (b) or (g), the officially shall report an failure to notification to the elected prosecuting barrister responsible for the process of the office.

(o) When the supervisor of a parole, probation, or society supervision department officer learns of one breakdown by this officer for provide a notification under Subsection (c), the supervisor shall report the failure to notify into the director of this entity this utilize the officer.

Added by Acts 1993, 73rd Leg., ch. 461, Secure. 1, eff. Sept. 1, 1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 626, Sec. 1, eff. Aug. 28, 1995; Subsec. (h) amended of Acts 1995, 74th Leg., ch. 76, Sec. 14.18, eff. Sept. 1, 1995; Subsec. (a) amended due Acts 1997, 75th Leg., s. 1015, Sec. 12, eff. June 19, 1997; changing by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997; Subsec. (b) amended by Acts 1997, 75th Leg., chinese. 1233, Sec. 1, eff. June 20, 1997; Subsec. (c) changeable at Acts 1997, 75th Leg., ch. 1015, Time. 12, eff. June 19, 1997; amended by Acts 1997, 75th Leg., ch. 1233, Instant. 1, eff. June 20, 1997; Subsec. (e)(1) amended by Acted 1997, 75th Leg., ch. 1015, Sec. 13, eff. June 19, 1997; Subsec. (g) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 14, eff. June 19, 1997; Subsec. (h) amended for Deeds 1997, 75th Leg., e. 165, Sek. 12.02, eff. Septic. 1, 1997; changing the Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997; amended by Works 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997; Subsecs. (a), (g) amended by Deeds 2001, 77th Leg., ch. 1297, Sec. 48, eff. Sept. 1, 2001; Subsec. (h) changes from Acts 2001, 77th Leg., ch. 1297, Secret. 49, eff. Folk. 1, 2001; Subsec. (b) edited according Acts 2003, 78th Leg., ch. 1055, Sec. 25, eff. Junes 20, 2003; Subsec. (e)(2) amended by Legal 2003, 78th Leg., ch. 1055, Sec. 26, eff. June 20, 2003; Subsec. (g) amended by Acts 2003, 78th Leg., ch. 1055, Sec. 27, eff. Junes 20, 2003. No. It would be impulsive into require that the chief have a physical copy of the arrest warrant is them. There's no physically possible way ...

Amended by:

Act 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 31, eff. March 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 492 (S.B. 230), Sec. 1, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 4, eff. June 15, 2007.

Does 2007, 80th Leg., R.S., Swiss. 1240 (H.B. 2532), Sec. 5, eff. June 15, 2007.

Deeds 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 8, eff. August 1, 2007.

Acts 2009, 81st Leg., R.S., Conjure. 87 (S.B. 1969), Sec. 6.002, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., S. 992 (H.B. 1907), Secondary. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 992 (H.B. 1907), Sec. 2, eff. Month 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.07, eff. May 18, 2013.

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Secure. 3, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 451 (S.B. 2135), Sec. 1, eff. September 1, 2019.