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SPEEDY ARRAIGNMENT

Memphis Home Rule Amendments, Ord. No. 2487
in effect
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ORDINANCE NO. 2487 [SPEEDY ARRAIGNMENT] Adopted ..... | Aug. 31, 1976 Referendum Election ..... | Nov. 2, 1976 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MEMPHIS, SAME BEING CHAPTER 11 OF THE ACTS OF 1879, AS AMENDED, PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE, (HOME RULE AMENDMENT), SO AS TO AMEND CITY CHARTER SECTION 270 BY CLARIFYING LEGAL PROCESS IN THE MATTER OF ARREST AND COURT APPEARANCE, AND TO SUBMIT THE PROPOSED ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY OF MEMPHIS, TENNESSEE, AT THE FIRST GENERAL ELECTION TO BE HELD NOVEMBER 2, 1976. Section 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, That pursuant to Section 9, Article 11 of the Constitution of the State of Tennessee, as amended, the following proposal shall be published and submitted by the City of Memphis, Tennessee, to its qualified voters at the first general state election, and which shall be held in the City of Memphis on November 2, 1976, and which shall be held at least sixty (60) days after such publication: QUESTION: Shall the Home Rule Charter of the City of Memphis Tennessee, be amended, so as to amend City Charter Section 270, to read as follows: "Sec. 270. Arraignment within twenty-four hours after arrest; exceptions. Every person arrested on the charge of violating an ordinance, or on process issuing from said court, shall be presented to the court for arraignment within twenty-four hours after his arrest, unless Saturday, Sunday or legal holiday shall intervene. At such arraignment the defendant may plead guilty or request a trial date." Section 2. Publication of home rule amendment. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to cause this proposal (Ordinance) to be published pursuant to the provisions of Article 11, Section 9, of the Constitution of the State of Tennessee. Section 3. Delivery to Election Commission. BE IT FURTHER ORDAINED, that the Comptroller of the City of Memphis shall certify the adoption of this ordinance to the Shelby County Election Commission in charge of holding the first general state election on November 2, 1976, and request that this proposed amendment to the Home Rule Charter of the City of Memphis be placed on the ballot. Section 4. Proposal and preference. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to deliver a copy of this ordinance to the Shelby County Election Commission, together with a suggested proposal and the following form of preference to be placed on the ballot in an election to be held on the 2nd day of November, 1976: REFERENDUM ON HOME RULE AMENDMENT TO THE CHARTER OF THE CITY OF MEMPHIS, SO AS TO CLARIFY LEGAL PROCESS IN THE MATTER OF ARREST AND COURT APPEARANCE. An Ordinance of the City of Memphis adopted on the ____________ day of ____________ / ____________ / ____________ , 1976, providing for a referendum on a Home Rule Amendment to the Charter of the City of Memphis, so as to amend Charter Section 270, to read as follows: "Sec. 270. Arraignment within twenty-four hours after arrest; exceptions. Every person arrested on the charge of violating an ordinance, or on process issuing from said court, shall be presented to the court for arraignment within twenty-four hours after his arrest, unless Saturday, Sunday or legal holiday shall intervene. At such arraignment the defendant may plead guilty or request a trial date." FOR | (YES) _____ AGAINST | (NO) _____ Section 5. Effective date of amendment. BE IT FURTHER ORDAINED, that this ordinance shall take effect for the purposes set forth herein sixty (60) days after approval by a majority of the qualified voters voting thereon in an election to be held on the 2nd day of November, 1976, the public welfare requiring it. Section 6. Certification of results. BE IT FURTHER ORDAINED, that the Shelby County Election Commission certify to the Comptroller of the City of Memphis, the result of said election who shall see that said results are made a part of the minutes of the Council of the City of Memphis. Section 7. Nonconflicting, conflicting laws. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Memphis, not in conflict with this amendatory Home Rule Ordinance, be and the same are continued in full force and effect, and all laws in conflict therewith are hereby repealed. Section 8. Severability. BE IT FURTHER ORDAINED, that if any clause, section, paragraph, sentence or part of this ordinance shall be held or declared to be unconstitutional and void, it shall not affect the remaining parts of this ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this ordinance notwithstanding the parts so held to be invalid, if any. Section 9. Enactment of city ordinance. BE IT FURTHER ORDAINED, that this ordinance shall take effect from and after the date it shall have been passed by the Council, signed by the Chairman of the Council, certified and delivered to the Office of the Mayor in writing by the Comptroller, and become effective as otherwise provided by law. OSCAR H. EDMONDS Chairman of Council ATTEST: PAUL ARNETT, Comptroller.
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTIIHORUAM_ORDINANCE_NO._2487_SPEEDY_ARRAIGNMENTFetched: 10/28/2026

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