(a) When a person is arrested for any violation of this act punishable as a misdemeanor and the person is not immediately taken before a magistrate as required, the arresting officer may issue an electronic citation or prepare in duplicate written notice to appear in court containing:
(1) The name and address of the person;
(2) The license number of his or her vehicle, if any;
(3) The offense charged; and
(4) The time when and place where the person shall appear in court, and if the officer is a bonded officer, he or she may require the person to post a bail bond and give receipt therefor.
(b) The time specified to appear must be at least five (5) days after the arrest unless the person arrested shall demand an earlier hearing.
(c) The place specified to appear shall be before a magistrate:
(1) Within the township or county in which the offense charged is alleged to have been committed; and
(2) Who has jurisdiction of the offense.
(d)
(1) If issued a written citation, the arrested person in order to secure release, as provided in this section, must give his or her written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer or post a bail bond as may be required by the arresting officer.
(2) If issued an electronic citation, the arrested person in order to secure release, as provided in this section, acknowledges receipt of the notice to appear in court and gives his or her promise to appear in court by acceptance of the electronic citation.
(3)
(A) The original of the notice to appear and of the receipt for bail shall be retained by the officer or electronically transmitted to the court, and the copy of each delivered to the person arrested.
(B) Thereupon, the officer shall forthwith release the person arrested from custody.
(e) An officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.
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