By Sadler H.B. No. 1497
74R1190 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to charging a defendant by indictment or information in
1-3 the prosecution of certain state jail felonies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 1.05, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 1.05. Rights of accused. In all criminal prosecutions
1-8 the accused shall have a speedy public trial by an impartial jury.
1-9 He shall have the right to demand the nature and cause of the
1-10 accusation against him, and to have a copy thereof. He shall not
1-11 be compelled to give evidence against himself. He shall have the
1-12 right of being heard by himself, or counsel, or both; shall be
1-13 confronted with the witnesses against him, and shall have
1-14 compulsory process for obtaining witnesses in his favor. No person
1-15 shall be held to answer for a felony other than an offense punished
1-16 as a state jail felony unless on indictment of a grand jury.
1-17 SECTION 2. Article 25.01, Code of Criminal Procedure, is
1-18 amended to read as follows:
1-19 Art. 25.01. In felony. In every case of felony in which an
1-20 indictment has been presented, when the accused is in custody, or
1-21 as soon as he may be arrested, the clerk of the court where the
1-22 <an> indictment has been presented shall immediately make a
1-23 certified copy of the same, and deliver such copy to the sheriff,
1-24 together with a writ directed to such sheriff, commanding him
2-1 forthwith to deliver such certified copy to the accused.
2-2 SECTION 3. Article 25.04, Code of Criminal Procedure, is
2-3 amended to read as follows:
2-4 Art. 25.04. In misdemeanor OR STATE JAIL FELONY. In
2-5 misdemeanors and offenses punished as state jail felonies, it shall
2-6 not be necessary before trial to furnish the accused with a copy of
2-7 the indictment or information; but he or his counsel may demand a
2-8 copy, which shall be given as early as possible.
2-9 SECTION 4. (a) The change in law made by this Act applies
2-10 only to the prosecution of a state jail felony offense committed on
2-11 or after the effective date of this Act. For purposes of this
2-12 section, an offense is committed before the effective date of this
2-13 Act if any element of the offense occurs before the effective date.
2-14 (b) The prosecution of a state jail felony offense committed
2-15 before the effective date of this Act is covered by the law in
2-16 effect when the offense was committed, and the former law is
2-17 continued in effect for that purpose.
2-18 SECTION 5. This Act takes effect September 1, 1995.
2-19 SECTION 6. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.