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Texas Code of Criminal Procedure - CRIM P Art. 15.03. Magistrate may issue warrant or summons

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(a) A magistrate may issue a warrant of arrest or a summons:

1. In any case in which he is by law authorized to order verbally the arrest of an offender;

2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State;  and

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

(b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.  The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.  If a defendant fails to appear in response to the summons a warrant shall be issued.

(c) For purposes of Subdivision 2, Subsection (a), a person may appear before the magistrate in person or the person's image may be presented to the magistrate through an electronic broadcast system.

(d) A recording of the communication between the person and the magistrate must be made if the person's image is presented through an electronic broadcast system under Subsection (c).  If the defendant is charged with the offense, the recording must be preserved until:

(1) the defendant is acquitted of the offense;  or

(2) all appeals relating to the offense have been exhausted.

(e) The counsel for the defendant may obtain a copy of the recording on payment of an amount reasonably necessary to cover the costs of reproducing the recording.

(f) In this article, “electronic broadcast system” means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing.

Cite this article: - Texas Code of Criminal Procedure - CRIM P Art. 15.03. Magistrate may issue warrant or summons - last updated April 14, 2021 |

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