Texas statute
Tex. Code Crim. Proc. art. 49A.072 — Warrant of arrest
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 49A: DEATH INQUESTS, Texas Code of Criminal Procedure.
Amendment pending: a new version of this section takes effect Thu Apr 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Full text of Tex. Code Crim. Proc. art. 49A.072
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) A justice of the peace who is conducting an inquest into a person's death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if: (1) the justice has knowledge that the suspect caused the death; (2) the justice receives an affidavit stating that the suspect caused the death; or (3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death. (b) A peace officer who receives an arrest warrant issued by a justice of the peace shall: (1) execute the warrant immediately; and (2) detain the arrested person until the arrested person's discharge is ordered by the justice of the peace or other proper authority. (c) A person who is charged in a death and arrested under a warrant issued by a justice of the peace shall remain in the custody of the arresting peace officer. A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody. (d) A person charged in a death who has not been arrested under a warrant issued by a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending. (e) A warrant of arrest issued under Subsection (a) is sufficient if it: (1) is issued in the name of "The State of Texas"; (2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person; (3) recites in plain language the offense with which the person is charged; and (4) is signed and dated by a justice of the peace.
Official sources
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