Text: H08579 Text: H08581 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2235, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 4, by inserting after line 32 the 1 4 following: 1 5 "Sec. ___. Section 804.21, subsection 3, Code 1 6 1997, is amended to read as follows: 1 7 3. If the magistrate who issued the warrant is 1 8 absent or unable to act, the arrested person shall be 1 9 taken to the nearest or most accessible magistrate in 1 10 the judicial district where the offense occurred or a 1 11 magistrate in an approved judicial district, and all 1 12 documents on which the warrant was issued must be sent 1 13 to such magistrate, or if they cannot be procured, the 1 14 informant and the informant's witnesses must be 1 15 subpoenaed to make new affidavits. For purposes of 1 16 this subsection, an "approved judicial district" 1 17 means, as to any particular arrest of a person 1 18 described in this subsection, any judicial district in 1 19 this state in which the chief judge of that judicial 1 20 district and the chief judge of the judicial district 1 21 in which the offense occurred have previously entered 1 22 an order permitting a person arrested or described in 1 23 this subsection to be taken to a magistrate from any 1 24 judicial district subject to the order. 1 25 Sec. ___. Section 804.22, unnumbered paragraph 1, 1 26 Code 1997, is amended to read as follows: 1 27 When an arrest is made without a warrant, the 1 28 person arrested shall, without unnecessary delay, be 1 29 taken before the nearest or most accessible magistrate 1 30 in the judicial district in which such arrest was made 1 31 or before a magistrate in an approved judicial 1 32 district, and the grounds on which the arrest was made 1 33 shall be stated to the magistrate by complaint, 1 34 subscribed and sworn to by the complainant, or 1 35 supported by the complainant's affirmation, and such 1 36 magistrate shall proceed as follows: 1 37 Sec. ___. Section 804.22, Code 1997, is amended by 1 38 adding the following new unnumbered paragraph: 1 39 NEW UNNUMBERED PARAGRAPH. For purposes of this 1 40 section, an "approved judicial district" means, as to 1 41 any particular arrest of a person made without a 1 42 warrant, any judicial district in this state in which 1 43 the chief judge of that judicial district and the 1 44 chief judge of the judicial district in which the 1 45 arrest was made have previously entered an order 1 46 permitting a person arrested without warrant to be 1 47 taken to a magistrate from any judicial district 1 48 subject to the order." 1 49 #2. By renumbering as necessary. 1 50 2 1 2 2 2 3 DIX of Butler 2 4 SF 2235.704 77 2 5 ec/sc/28
Text: H08579 Text: H08581 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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