74R10793 GWK-F
By Place H.B. No. 1395
Substitute the following for H.B. No. 1395:
By Place C.S.H.B. No. 1395
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dismissal of prosecutions of certain misdemeanor
1-3 traffic offenses punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.23, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.23. To Try Cause Without Delay; Dismissals. (a)
1-8 When the defendant is brought before the justice or municipal court
1-9 judge, he shall proceed to try the cause without delay, unless good
1-10 ground be shown for a postponement thereof, in which case he may
1-11 postpone the trial to any time not longer than five days, and may,
1-12 if he deem proper, require the defendant to give bail for his
1-13 appearance; and if, when required, he fails to give bail, he shall
1-14 be kept in custody until the final determination of the cause.
1-15 (b) A justice or municipal court judge may dismiss the
1-16 prosecution of an offense involving a violation of traffic law if:
1-17 (1) the justice or the judge, not later than the fifth
1-18 day before the cause is set for trial, gives notice of the trial
1-19 personally or by first class mail to:
1-20 (A) the prosecuting attorney who represents the
1-21 state in the justice court or municipal court, as appropriate; or
1-22 (B) if no prosecuting attorney is assigned to
1-23 prosecute cases in the justice court or the municipal court, the
1-24 district or county attorney if the case is pending in justice court
2-1 or to the city attorney if the case is pending in municipal court;
2-2 and
2-3 (2) when the justice or the judge of the municipal
2-4 court calls the cause to trial, an attorney representing the state
2-5 does not appear and announce the attorney's intention to prosecute
2-6 the cause.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.