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Texas Code of Criminal Procedure - CRIM P Art. 45.014. Warrant of Arrest

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) When a sworn complaint or affidavit based on probable cause has been filed before the justice or municipal court, the justice or judge may issue a warrant for the arrest of the accused and deliver the same to the proper officer to be executed.

(b) The warrant is sufficient if:

(1) it is issued in the name of “The State of Texas”;

(2) it is directed to the proper peace officer or some other person specifically named in the warrant;

(3) it includes a command that the body of the accused be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;

(4) it states the name of the person whose arrest is ordered, if known, or if not known, it describes the person as in the complaint;

(5) it states that the person is accused of some offense against the laws of this state, naming the offense;  and

(6) it is signed by the justice or judge, naming the office of the justice or judge in the body of the warrant or in connection with the signature of the justice or judge.

(c) Chapter 15 applies to a warrant of arrest issued under this article, except as inconsistent or in conflict with this chapter.

(d) In a county with a population of more than two million that does not have a county attorney, a justice or judge may not issue a warrant under this section for an offense under Section 32.41, Penal Code, unless the district attorney has approved the complaint or affidavit on which the warrant is based.

(e) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting, including failure to appear as required by a citation issued under Article 14.06(b), unless:

(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:

<Text of (e)(1)(A), as added by Acts 2017, 85th Leg., ch. 977 (H.B. 351), § 9>

(A) a date and time when the defendant must appear before the justice or judge;

<Text of (e)(1)(A), as added by Acts 2017, 85th Leg., ch. 1127 (S.B. 1913), § 8>

(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;

(B) the name and address of the court with jurisdiction in the case;

(C) information regarding alternatives to the full payment of any fine or costs owed by the defendant, if the defendant is unable to pay that amount;  and

(D) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article;  and

(2) the defendant fails to appear before the justice or judge as required by this article.

(f) A defendant who receives notice under Subsection (e) may request an alternative date or time to appear before the justice or judge if the defendant is unable to appear on the date and time included in the notice.

<Text of (g), as added by Acts 2017, 85th Leg., ch. 977 (H.B. 351), § 9>

(g) A justice or judge shall recall an arrest warrant for the defendant's failure to appear if, before the arrest warrant is executed:

(1) the defendant voluntarily appears to resolve the arrest warrant;  and

(2) the arrest warrant is resolved in any manner authorized by this code.

<Text of (g), as added by Acts 2017, 85th Leg., ch. 1127 (S.B. 1913), § 8>

(g) A justice or judge shall recall an arrest warrant for the defendant's failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve the arrest warrant before the warrant is executed.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 45.014. Warrant of Arrest - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45-014/

Read this complete Texas Code of Criminal Procedure - CRIM P Art. 45.014. Warrant of Arrest on Westlaw

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