AEZ C.S.H.B. 749 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 749
By: Dunnam
3-19-97
Committee Report (Substituted)



BACKGROUND 

Currently, Article 32.01, Code of Criminal Procedure, states that a
defendant who is in custody or held on bail awaiting formal charges by the
prosecution, shall be dismissed and bail discharged, if an indictment or
information is not presented against him to the court by the next term of
the court to which he is being detained.   

PURPOSE

CSHB 749, as proposed, authorizes dismissal and discharge of bail if an
indictment or information is not presented against a defendant on or
before the last day of the next term of the court to which he is being
held or by the 180th day after the date of commitment or admission to
bail, whichever date is later.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Article 28.061, Code of Criminal Procedure, (Discharge
for Delay) by deleting the reference to Article 32.01. 

SECTION 2.Amends Article 32.01, Code of Criminal Procedure, (Defendant in
Custody and No Indictment Presented)  by authorizing dismissal and
discharge of bail if an indictment or information is not presented against
a defendant on or before the last day of the next term of the court to
which he is being held or by the 180th day after the date of commitment or
admission to bail, whichever date is later. 

SECTION 3:Amends Chapter 15, Code of Criminal Procedure, by adding Article
15.14, (Arrest After Dismissal Because of Delay) by stating that if the
prosecution of a defendant is dismissed under Article 32.01, the defendant
may be only rearrested for the same criminal conduct if there is a
presentation of indictment or information for the offense and issuance of
an arrest warrant subsequent to the indictment or information.   

SECTION 4:  The change in law made by this Act applies only to the
prosecution of a defendant arrested for an offense on or after the
effective date of this Act. 

SECTION 5:  Emergency Clause. 



COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Article 32.01, Code of Criminal Procedure, by
authorizing dismissal and discharge of bail if an indictment or
information is not presented against a defendant on or before  the last
day of the next term of the court to which he is being held or by the
270th day after the commitment or admission to bail, whichever date is
later.  The substitute lowered the figure to the 180th day.  The
substitute also amended Article 28.061 by deleting "or Article 32.01 of
this code", and amended Chapter 15, Code of Criminal Procedure, by adding
a new subsection Article 15.14, Arrest After Dismissal Because of Delay.
The original bill had an effective date of September 1, 1997, the
substitute has an immediate effect.