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Texas Code of Criminal Procedure - CRIM P Art. § 49A.072. Warrant of Arrest

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective April 1, 2027. >

(a) A justice of the peace who is conducting an inquest into a person's death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:

(1) the justice has knowledge that the suspect caused the death;

(2) the justice receives an affidavit stating that the suspect caused the death;  or

(3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death.

(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:

(1) execute the warrant immediately; and

(2) detain the arrested person until the arrested person's discharge is ordered by the justice of the peace or other proper authority.

(c) A person who is charged in a death and arrested under a warrant issued by a justice of the peace shall remain in the custody of the arresting peace officer.  A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody.

(d) A person charged in a death who has not been arrested under a warrant issued by a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.

(e) A warrant of arrest issued under Subsection (a) is sufficient if it:

(1) is issued in the name of "The State of Texas";

(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;

(3) recites in plain language the offense with which the person is charged;  and

(4) is signed and dated by a justice of the peace.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 49A.072. Warrant of Arrest - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-49a-072/

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