ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DP 9-0-0-1-0-0

HB 2257: arrest procedures; magistrates

Sponsor:  Representative Roberts, LD 11

Caucus & COW

Overview

Allows a peace officer or private citizen to take an arrested person to either the nearest or most accessible magistrate in the county in which the arrest occurs, or a magistrate in the county where the offense was committed.

History

A person arrested without a warrant must be taken to the nearest or most accessible magistrate in the county the arrest occurs in (A.R.S. § 13-3898).

A private person who has made an arrest must take the person arrested to the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who must take him before the magistrate (A.R.S. § 13-900).

If a warrant is issued for an arrest in one county and an officer arrests that person in another county, the officer must take the arrested person to the magistrate or other official with authority to admit bail. If the magistrate or other official with authority to admit bail is unable to admit the arrested person to bail at the time, the officer must take the arrested person to the nearest magistrate in that same county (A.R.S. § 13-3963).

If a person arrested is bailable, the arresting officer must, upon being so required by the arrested person, take him before a magistrate or other official who has authority to admit to bail for such offense in the county the arrest is made, who must admit them to bail for their appearance before the magistrate named or otherwise designated in the warrant. If the magistrate or county official having authority to admit to bail for such offense is absent or unable to act, the officer making the arrest must take them to the nearest or most accessible magistrate in the same county (A.R.S. § 13-3964).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows a person arrested without a warrant in another county to be taken to either the nearest or most accessible magistrate in the county in which the arrest occurs, or a magistrate in the county where the offense was committed. (Sec. 1)

2.    Allows a private person who made an arrest to take the person arrested without a warrant in another county to either the nearest or most accessible magistrate in the country in which the arrest occurs, or a magistrate in the county where the offense was committed. (Sec. 2)

3.    Requires a person arrested by a warrant occurring in a county other than that in which the alleged offense was committed, to be taken either before the nearest or most accessible magistrate in the county in which the arrest occurs, or a magistrate in the county in which the offense was committed. (Sec. 3)

4.    Allows an officer to take an arrested person to a magistrate or other official who has the authority to admit to bail where the offense was committed and admit the arrested person to bail. (Sec. 4)

5.    Requires the magistrate or other official who admits the person arrested to bail to order the arrested person appear in the court that issued the warrant. (Sec. 4)

6.    Contains technical and conforming changes. (Sec. 1, 2, 3, 4)

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10.  Initials LC/IR                     Caucus & COW

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