HB 2239 — arrest warrant; affidavit; issuance

HB2239 - 542R - H Ver     House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session COMMITTEE  ON  JUDICIARY  HOUSE OFBILL REPRESENTATIVES2239 AMENDMENTS  TO  H.B.  AN ACT   amending title 13, chapter 38, article 7, Arizona Revised Statutes, by adding section 13‑3904;

2239relating (Reference to printedarrest bill)warrants. Strike everything after the enacting clause and insert:

"Section  1.  (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

TitleSection 1.  Title 13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3904, to read:

13-3904.START_STATUTE13-3904.  Arrest warrant;

Arrest warrant;

definition A.A.  A magistrate shall issue an arrest warrant after reviewing an affidavit that is sworn to or affirmed before the magistrate and that contains facts sufficient to establish probable cause that a specific offense has been committed and that a particular person committed that offense.

AB.  The MAGISTRATEarrest SHALLwarrant ISSUEshall ANbe ARRESTin WARRANTa AFTERform REVIEWINGsubstantially ANsimilar AFFIDAVITto THATa ISform SWORNthat TOis ORadopted AFFIRMEDby BEFOREthe THEArizona MAGISTRATEsupreme ANDcourt. THAT CONTAINS FACTS SUFFICIENT TO ESTABLISH PROBABLE CAUSE THAT A SPECIFIC OFFENSE HAS BEEN COMMITTED AND THAT A PARTICULAR PERSON COMMITTED THAT OFFENSE.

B.C.  For the purposes of this section, "arrest warrant" means a written order that is issued in the name of the state of Arizona, that is signed by a magistrate, that is directed to a peace officer and that commands a peace officer to arrest the person named in the warrant and take that person before a magistrate as prescribed by the Arizona rules of criminal procedure.END_STATUTE

THE ARREST WARRANT SHALL BE IN A FORM SUBSTANTIALLY SIMILAR TO A FORM THAT IS ADOPTED BY THE ARIZONA SUPREME COURT.

C.

FOR THE PURPOSES OF THIS SECTION, "ARREST WARRANT" MEANS A WRITTEN ORDER THAT IS ISSUED IN THE NAME OF THE STATE OF ARIZONA, THAT IS SIGNED BY A MAGISTRATE, THAT IS DIRECTED TO A PEACE OFFICER AND THAT COMMANDS A PEACE OFFICER TO ARREST THE PERSON NAMED IN THE WARRANT AND TAKE THAT PERSON BEFORE A MAGISTRATE AS PRESCRIBED BY THE ARIZONA RULES OF CRIMINAL PROCEDURE." Amend title to conform And, as so amended, it do pass JOHN M.

ALLEN CHAIRMAN 2239JUDICIARY 02/19/2020 12:29 PM H:

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