ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 7-0-0-0 | 3rd Read 18-10-0-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1232: issuance; affidavit; arrest warrant

Sponsor: Senator Payne, LD 27

Committee on Judiciary

Overview

Establishes criteria for the issuance and form of an arrest warrant.

History

An arrest is made by either restraining a person or that person submitting to custody of the person making the arrest (A.R.S. § 13-3881). While an arrest may be made by a peace officer without a warrant under certain circumstances, separate methods of arrest are required when an arrest warrant is issued (A.R.S. § 13-3883).

Specifically, the peace officer making the arrest pursuant to a warrant must inform the person arrested of both the cause of the arrest and that a warrant has been issued. This requirement is waived if the person flees, if the person forcibly resists or if doing so would imperil the arrest (A.R.S. § 13-3887). Following the arrest, the peace officer has a duty to present the arrested individual to the magistrate who issued the warrant or the nearest and most accessible magistrate in that county (A.R.S. § 13-3897).

Provisions

1.   Directs a magistrate to issue an arrest warrant after reviewing a sworn affidavit from a peace officer if there is probable cause that both:

a)   a specific felony offense has been committed; and

b)   a particular person committed that felony offense. (Sec. 1)

2.   Requires the arrest warrant for the felony to be in a form substantially similar to one adopted by the Arizona Supreme Court. (Sec. 1)

3.   Defines arrest warrant. (Sec. 1)

 

 

 

 

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                        SB 1232

Initials NM    Page 0 Judiciary

 

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