Texas Code of Criminal Procedure 45.014 – Warrant of Arrest
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Text of subsection effective until January 01, 2025
(a) When a sworn complaint or affidavit based on probable cause has been filed before the justice or municipal court, the justice or judge may issue a warrant for the arrest of the accused and deliver the same to the proper officer to be executed.
Text of subsection effective until January 01, 2025
Terms Used In Texas Code of Criminal Procedure 45.014
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(b) The warrant is sufficient if:
(1) it is issued in the name of “The State of Texas”;
(2) it is directed to the proper peace officer or some other person specifically named in the warrant;
(3) it includes a command that the body of the accused be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;
(4) it states the name of the person whose arrest is ordered, if known, or if not known, it describes the person as in the complaint;
(5) it states that the person is accused of some offense against the laws of this state, naming the offense; and
(6) it is signed by the justice or judge, naming the office of the justice or judge in the body of the warrant or in connection with the signature of the justice or judge.
Text of subsection effective until January 01, 2025
(c) Chapter 15 applies to a warrant of arrest issued under this article, except as inconsistent or in conflict with this chapter.
(d) In a county with a population of more than 2.5 million that does not have a county attorney, a justice or judge may not issue a warrant under this section for an offense under § 32.41, Penal Code, unless the district attorney has approved the complaint or affidavit on which the warrant is based.
Text of subsection effective until January 01, 2025
(e) A justice or judge may not issue an arrest warrant for the defendant‘s failure to appear at the initial court setting, including failure to appear as required by a citation issued under Article 14.06(b), unless:
(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:
(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;
(B) the name and address of the court with jurisdiction in the case;
(C) information regarding alternatives to the full payment of any fine or costs owed by the defendant, if the defendant is unable to pay that amount;
(D) a statement that the defendant may be entitled to a credit toward any fine or costs owed by the defendant if the defendant was confined in jail or prison after the commission of the offense for which the notice is given; and
(E) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article; and
(2) the defendant fails to appear before the justice or judge as required by this article.
Text of subsection effective until January 01, 2025
(f) A defendant who receives notice under Subsection (e) may request an alternative date or time to appear before the justice or judge if the defendant is unable to appear on the date and time included in the notice.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
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