The proposed bill would amend current statutes regarding the issuance of arrest warrants and the procedures following an arrest. Under the new law, if a magistrate is satisfied by an affidavit that establishes probable cause for a felony offense, the court is required to issue a warrant for the arrest of the individual named in the affidavit. This represents a shift from the current law, which does not explicitly mandate the issuance of a warrant based on such an affidavit.
Additionally, the bill modifies the requirements for where an arrested individual must be taken. Currently, an officer must bring the arrested person before the magistrate who issued the warrant or another available magistrate in the same county. The new law would allow the officer to take the individual to the nearest or most accessible magistrate in the county where the arrest occurs, or to a magistrate in the county where the offense was committed if it took place in a different county. This change aims to streamline the process and improve accessibility to judicial oversight following an arrest.
Statutes affected: Introduced Version: 13-3904
Senate Engrossed Version: 13-3904
House Engrossed Version: 13-3897
Chaptered Version: 13-3897