Texas Code of Criminal Procedure - Article 15.17. Duties Of Arresting Officer And Magistrate

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Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.  (a) 
In each case enumerated in this Code, the person making the arrest 
or the person having custody of the person arrested shall without 
unnecessary delay, but not later than 48 hours after the person is 
arrested, take the person arrested or have him taken before some 
magistrate of the county where the accused was arrested or, to 
provide more expeditiously to the person arrested the warnings 
described by this article, before a magistrate in any other county 
of this state.  The arrested person may be taken before the 
magistrate in person or the image of the arrested person may be 
presented to the magistrate by means of an electronic broadcast 
system.  The magistrate shall inform in clear language the person 
arrested, either in person or through the electronic broadcast 
system, of the accusation against him and of any affidavit filed 
therewith, of his right to retain counsel, of his right to remain 
silent, of his right to have an attorney present during any 
interview with peace officers or attorneys representing the state, 
of his right to terminate the interview at any time, and of his 
right to have an examining trial.  The magistrate shall also inform 
the person arrested of the person's right to request the 
appointment of counsel if the person cannot afford counsel.  The 
magistrate shall inform the person arrested of the procedures for 
requesting appointment of counsel.  If the person does not speak and 
understand the English language or is deaf, the magistrate shall 
inform the person in a manner consistent with Articles 38.30 and 
38.31, as appropriate.  The magistrate shall ensure that reasonable 
assistance in completing the necessary forms for requesting 
appointment of counsel is provided to the person at the same time.  
If the person arrested is indigent and requests appointment of 
counsel and if the magistrate is authorized under Article 26.04 to 
appoint counsel for indigent defendants in the county, the 
magistrate shall appoint counsel in accordance with Article 1.051.  
If the magistrate is not authorized to appoint counsel, the 
magistrate shall without unnecessary delay, but not later than 24 
hours after the person arrested requests appointment of counsel, 
transmit, or cause to be transmitted to the court or to the courts' 
designee authorized under Article 26.04 to appoint counsel in the 
county, the forms requesting the appointment of counsel.  The 
magistrate shall also inform the person arrested that he is not 
required to make a statement and that any statement made by him may 
be used against him.  The magistrate shall allow the person arrested 
reasonable time and opportunity to consult counsel and shall, after 
determining whether the person is currently on bail for a separate 
criminal offense, admit the person arrested to bail if allowed by 
law.  A recording of the communication between the arrested person 
and the magistrate shall be made.  The recording shall be preserved 
until the earlier of the following dates:  (1) the date on which the 
pretrial hearing ends;  or (2) the 91st day after the date on which 
the recording is made if the person is charged with a misdemeanor or 
the 120th day after the date on which the recording is made if the 
person is charged with a felony.  The counsel for the defendant may 
obtain a copy of the recording on payment of a reasonable amount to 
cover costs of reproduction.  For purposes of this subsection, 
"electronic broadcast system" means a two-way electronic 
communication of image and sound between the arrested person and 
the magistrate and includes secure Internet videoconferencing.
	(b)  After an accused charged with a misdemeanor punishable 
by fine only is taken before a magistrate under Subsection (a) of 
this article and the magistrate has identified the accused with 
certainty, the magistrate may release the accused without bond and 
order the accused to appear at a later date for arraignment in the 
county court or statutory county court.  The order must state in 
writing the time, date, and place of the arraignment, and the 
magistrate must sign the order.  The accused shall receive a copy of 
the order on release.  If an accused fails to appear as required by 
the order, the judge of the court in which the accused is required 
to appear shall issue a warrant for the arrest of the accused.  If 
the accused is arrested and brought before the judge, the judge may 
admit the accused to bail, and in admitting the accused to bail, the 
judge should set as the amount of bail an amount double that 
generally set for the offense for which the accused was arrested. 
This subsection does not apply to an accused who has previously been 
convicted of a felony or a misdemeanor other than a misdemeanor 
punishable by fine only.
	(c)  When a deaf accused is taken before a magistrate under 
this article or Article 14.06 of this Code, an interpreter 
appointed by the magistrate qualified and sworn as provided in 
Article 38.31 of this Code shall interpret the warning required by 
those articles in a language that the accused can understand, 
including but not limited to sign language.
	(d)  If a magistrate determines that a person brought before 
the magistrate after an arrest authorized by Article 14.051 of this 
code was arrested unlawfully, the magistrate shall release the 
person from custody.  If the magistrate determines that the arrest 
was lawful, the person arrested is considered a fugitive from 
justice for the purposes of Article 51.13 of this code, and the 
disposition of the person is controlled by that article.
	(e)  In each case in which a person arrested is taken before a 
magistrate as required by Subsection (a), a record shall be made of:
	(1)  the magistrate informing the person of the person's 
right to request appointment of counsel;
	(2)  the magistrate asking the person whether the person 
wants to request appointment of counsel;  and
	(3)  whether the person requested appointment of counsel.                      
	(f)  A record required under Subsection (e) may consist of 
written forms, electronic recordings, or other documentation as 
authorized by procedures adopted in the county under Article 
26.04(a).

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 12, eff. 
Aug. 28, 1967;  Acts 1979, 66th Leg., p. 398, ch. 186, Sec. 3, eff. 
May 15, 1979;  Acts 1987, 70th Leg., ch. 455, Sec. 2, eff. Aug. 31, 
1987;  Acts 1989, 71st Leg., ch. 467, Sec. 1, eff. Aug. 28, 1989;  
Acts 1989, 71st Leg., ch. 977, Sec. 1, eff. Aug. 28, 1989;  Acts 
1989, 71st Leg., ch. 997, Sec. 3, eff. Aug. 28, 1989;  Acts 1991, 
72nd Leg., ch. 16, Sec. 19.01(2), eff. Aug. 26, 1991;  Acts 2001, 
77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002;  Acts 2001, 77th Leg., 
ch. 1281, Sec. 1, eff. Sept. 1, 2001.

Subsec. (a) amended by Acts 2005, 79th Leg., ch. 1094, Sec. 3, eff. 
Sept. 1, 2005.

Last modified: August 10, 2007