SB 1232 — issuance; affidavit; arrest warrant

SenateHouse Engrossed Senate Bill issuance;

arrest warrant State(now: of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1232 AN ACT AMENDING TITLE 13, CHAPTER 38, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3904;

RELATINGarrest TOwarrant; ARREST WARRANTS.

issuance;

affidavit) State of Arizona Senate Fifty-seventh Legislature First Regular Session CHAPTER 227 SENATE BILL 1232 AN ACT AMENDING SECTION 13-3897, ARIZONA REVISED STATUTES;

RELATING TO WARRANTS FOR ARREST.

TitleSection 13,13-3897, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3904, to read:

13-3904.13-3897.

ArrestObtaining arrest warrant;

grounds;duty of officer after arrest A.

formIF ofA warrant;MAGISTRATE IS SATISFIED BY AN AFFIDAVIT SWORN TO OR AFFIRMED BEFORE THE MAGISTRATE THAT PROBABLE CAUSE EXISTS THAT A FELONY OFFENSE HAS BEEN COMMITTED AND THAT A PARTICULAR PERSON COMMITTED THE FELONY OFFENSE, THE COURT SHALL ISSUE A WARRANT COMMANDING ANY PEACE OFFICER TO ARREST THE PERSON NAMED IN THE AFFIDAVIT.

definition A.

A MAGISTRATE SHALL ISSUE AN ARREST WARRANT AFTER REVIEWING AN AFFIDAVIT THAT IS SWORN TO OR AFFIRMED BY A PEACE OFFICER BEFORE THE MAGISTRATE AND THAT CONTAINS FACTS SUFFICIENT TO ESTABLISH PROBABLE CAUSE THAT A SPECIFIC FELONY OFFENSE HAS BEEN COMMITTED AND THAT A PARTICULAR PERSON COMMITTED THAT FELONY OFFENSE.

When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county IN WHICH THE ARREST WARRANTOCCURS OR, IF THE OFFENSE THAT THE PERSON IS BEING ARRESTED FOR WAS COMMITTED IN ANOTHER COUNTY, BEFORE EITHER THE FELONYNEAREST OFFENSEOR SHALLMOST BEACCESSIBLE MAGISTRATE IN ATHE FORMCOUNTY SUBSTANTIALLYIN SIMILARWHICH TOTHE ARREST OCCURS OR A FORMMAGISTRATE THATIN ISTHE ADOPTEDCOUNTY BYWHERE THE ARIZONAALLEGED SUPREMEOFFENSE COURT.WAS COMMITTED.

C.APPROVED BY THE GOVERNOR JUNE 27, 2025.

FORFILED THE PURPOSES OF THIS SECTION, "ARREST WARRANT" MEANS A WRITTEN ORDER THAT IS ISSUED IN THE NAMEOFFICE OF THIS STATE, THAT IS SIGNED BY A MAGISTRATE, THAT IS DIRECTED TO A PEACE OFFICER AND THAT COMMANDS A PEACE OFFICER TO ARREST THE PERSONSECRETARY NAMEDOF INSTATE THEJUNE WARRANT27, AND2025. TAKE THAT PERSON BEFORE A MAGISTRATE AS PRESCRIBED BY RULES ADOPTED BY THE SUPREME COURT.