(1) take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
(a-1) If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and 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 requests the appointment of counsel, the magistrate shall, without unnecessary delay but not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to a court or the courts' designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant.
(b) Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
(c) The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17.
(d) This article does not apply to an arrest made pursuant to a capias pro fine issued under Chapter 43 or Article 45.045.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 2001, 77th Leg., ch. 145, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517), Sec. 3, eff. September 1, 2015.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 15 - Arrest Under Warrant
Article 15.01. Warrant of Arrest
Article 15.02. Requisites of Warrant
Article 15.03. Magistrate May Issue Warrant or Summons
Article 15.05. Requisites of Complaint
Article 15.051. Polygraph Examination of Complainant Prohibited
Article 15.06. Warrant Extends to Every Part of the State
Article 15.07. Warrant Issued by Other Magistrate
Article 15.08. Warrant May Be Forwarded
Article 15.09. Complaint May Be Forwarded
Article 15.14. Arrest After Dismissal Because of Delay
Article 15.16. How Warrant Is Executed
Article 15.17. Duties of Arresting Officer and Magistrate
Article 15.171. Duty of Officer to Notify Probate Court
Article 15.18. Arrest for Out-of-County Offense
Article 15.19. Notice of Arrest
Article 15.20. Duty of Sheriff Receiving Notice
Article 15.21. Release on Personal Bond if Not Timely Demanded
Article 15.22. When a Person Is Arrested
Article 15.24. What Force May Be Used