Warrant of Arrest

Art. 49A.072. WARRANT OF ARREST. (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. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027. Text of article effective on April 01, 2027