Texas Code of Criminal Procedure - Article 14.06. Must Take Offender Before Magistrate

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Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE 
MAGISTRATE.  (a) Except as provided by Subsection (b), in each case 
enumerated in this Code, the person making the arrest or the person 
having custody of the person arrested shall take the person 
arrested or have him taken without unnecessary delay, but not later 
than 48 hours after the person is arrested, before the magistrate 
who may have ordered the arrest, before some magistrate of the 
county where the arrest was made without an order, or, to provide 
more expeditiously to the person arrested the warnings described by 
Article 15.17 of this Code, before a magistrate in any other county 
of this state.  The magistrate shall immediately perform the duties 
described in Article 15.17 of this Code.
	(b)  A peace officer who is charging a person, including a 
child, with committing an offense that is a Class C misdemeanor, 
other than an offense under Section 49.02, Penal Code, may, instead 
of taking the person before a magistrate, issue a citation to the 
person that contains written notice of the time and place the person 
must appear before a magistrate, the name and address of the person 
charged, and the offense charged.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 10, eff. 
Aug. 28, 1967.  Amended by Acts 1987, 70th Leg., ch. 455, Sec. 1, 
eff. Aug. 31, 1987;  Acts 1991, 72nd Leg., ch. 84, Sec. 1, eff. Sept. 
1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.05, eff. Sept. 1, 
1994;  Acts 1995, 74th Leg., ch. 262, Sec. 81, eff. Jan. 1, 1996;  
Acts 2001, 77th Leg., ch. 906, Sec. 3, eff. Jan. 1, 2002.

Subsec. (a) amended by Acts 2005, 79th Leg., ch. 1094, Sec. 1, eff. 
Sept. 1, 2005.

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Last modified: August 10, 2007