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.