13-3903. Notice to appear and complaint

A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section.

B. At any time after taking a person arrested for a misdemeanor offense or a petty offense to a law enforcement facility, the arresting officer, instead of taking the person to a magistrate, may release the person from further custody by use of the procedure prescribed in this section.

C. If a person is arrested for a misdemeanor offense or a petty offense and the offense is listed in section 41-1750, subsection C, the person shall not be released pursuant to this section until the person provides either a fingerprint or a two fingerprint biometric-based identifier to the arresting agency. The arresting agency shall provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting to the arresting agency for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

D. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court, provided:

1. The time specified in the notice to appear is at least five days after arrest.

2. The place specified in the notice shall be the court specified in section 13-3898.

3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.

4. The officer, as soon as practical, shall deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.

E. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided by Arizona supreme court rule, but to satisfy the requirements of this section.

F. If a person gives his written promise to appear in court on a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the court clerk or other court staff shall file a complaint, in writing, under oath, charging the defendant with a violation of section 13-2506, subsection A, paragraph 2 and issue a warrant for the defendant's arrest.

G. If the person has not previously been arraigned, on the person's appearance in court for arraignment on the charge of violating section 13-2506, subsection A, paragraph 2, the court shall also arraign the person on the charge stated in the notice to appear and complaint for which the person had previously promised to appear.

H. This section does not affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though the arrested person is released before being taken to the police station or before a magistrate pursuant to this section.