§ 82-50. Taking offender before magistrate; citations.

(a)

Except as provided by subsection (b) of this section, in each case enumerated by law or ordinance, the person making the arrest shall take the person arrested or have him taken without unnecessary delay before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, if necessary to provide more expeditiously to the person arrested the warnings described by Vernon's Ann. C.C.P. art. 15.17, before a magistrate in a county bordering the county in which the arrest was made. The magistrate shall immediately perform the duties described in Vernon's Ann. C.C.P. art. 15.17.

(b)

A peace officer who is charging a person with committing an offense that is a class C misdemeanor, other than an offense under V.T.C.A., Penal Code § 49.02, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.

(Code 1982, § 24-24; Ord. No. 673, § IV, 9-12-1966)

State law reference

Similar provisions, Vernon's Ann. C.C.P. art. 14.06.