Text: H08579                            Text: H08581
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House Amendment 8580

Amendment Text

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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