Texas Occupations Code 1702.3867 – Execution of Capias or Arrest Warrant; Offense
Current as of: 2024 | Check for updates
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(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
(1) enter a residence without the consent of the occupants;
(2) execute the capias or warrant without written authorization from the surety;
(3) wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
(4) notwithstanding § 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a)(3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Occupations Code 1702.3867
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
(1) if the arrest is made in the county in which the capias or warrant was issued:
(A) the county jail for that county if:
(i) the offense is a Class A or Class B misdemeanor or a felony; or
(ii) the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
(B) the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
(2) if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.