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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
issuance; affidavit; arrest warrant
(NOW: arrest warrant; issuance; affidavit)
Purpose
Requires a magistrate to issue an arrest warrant for a person if presented with an affidavit that establishes probable cause that a felony offense has been committed, and modifies requirements relating to where a person who is arrested by virtue of an arrest warrant must be brought before the court.
Background
A warrant commands the arrest of a defendant by a peace officer for the purpose of bringing a defendant before a magistrate. If a magistrate makes a finding of probable cause, the court must promptly issue a warrant or summons (16A A.R.S. Rules Crim. Proc., Rule 3.1).
When making an arrest by virtue of a warrant, an officer is required to inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for the person's arrest, except when the person flees or forcibly resists before the officer has an opportunity to inform that person or if the receipt of such information will imperil the arrest. The officer does not need to have the warrant in the officer's possession at the time of the arrest (A.R.S. § 13-3887). Upon making the arrest the officer must, without unnecessary delay, take the person arrested before the magistrate who issued the warrant or, if that magistrate is unavailable, to the nearest or most accessible magistrate in the same county (A.R.S. § 13-3897).
A person arrested without a warrant must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest occurred. A complaint must be made before the magistrate setting forth the facts, and the basis for the statement of the facts, showing the offense for which the person was arrested (A.R.S. § 13-3898).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, if a magistrate is satisfied by an affidavit that is sworn to or affirmed before the magistrate that probable cause exists that a particular person has committed a particular felony offense, to issue a warrant commanding a peace officer to arrest the person named in the affidavit.
2. Specifies that the officer making the arrest:
a) must bring the person before the nearest and most accessible magistrate in the county in which the arrest occurred, rather than the same magistrate that issued the warrant or another available magistrate in that same county; or
b) if the arrestable offense was committed in another county, may bring the person to either the nearest and most accessible magistrate in the county in which the arrest occurs, or a magistrate in the county where the offense was committed.
3. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment.
House Action
JUD 3/26/25 DPA/SE 7-2-0-0
3rd Read 4/23/25 19-40-1
*3rd Read 5/7/25 37-21-2
*on reconsideration
Prepared by Senate Research
May 7, 2025
ZD/ci