By Longoria H.B. No. 86
75R1353 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the withdrawal of certain misdemeanor arrest warrants
1-3 and the dismissal of prosecutions arising from the issuance of
1-4 those warrants.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 32, Code of Criminal Procedure, is
1-7 amended by adding Article 32.03 to read as follows:
1-8 Art. 32.03. DISMISSAL OF CERTAIN MISDEMEANORS. (a) A judge
1-9 periodically may request the clerk serving the court to provide to
1-10 the judge a list showing each misdemeanor arrest warrant issued by
1-11 the court:
1-12 (1) that is more than five years old;
1-13 (2) for which there is no record of a subsequent
1-14 conviction, acquittal, or dismissal of a prosecution of the
1-15 individual named in the warrant arising from the issuance of the
1-16 warrant; and
1-17 (3) for which there is no record of an arrest of the
1-18 individual named in the warrant on any offense alleged to have been
1-19 committed after the offense for which the warrant was issued.
1-20 (b) The judge on the judge's own motion, the motion of the
1-21 clerk of the court, or the motion of the attorney representing the
1-22 state in the prosecution of misdemeanors may withdraw any warrant
1-23 described by Subsection (a) and dismiss any prosecution arising
1-24 from the warrant.
2-1 SECTION 2. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.