By Dunnam                                              H.B. No. 749

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the discharge of criminal proceedings because of delay

 1-3     in prosecution.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 28.061, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 28.061.  DISCHARGE FOR DELAY.  If a motion to set aside

 1-8     an indictment, information, or complaint for failure to provide a

 1-9     speedy trial is sustained, the court shall discharge the defendant.

1-10     A discharge under this article [or Article 32.01 of this code] is a

1-11     bar to any further prosecution for the offense discharged and for

1-12     any other offense arising out of the same transaction, other than

1-13     an offense of a higher grade that the attorney representing the

1-14     state and prosecuting the offense that was discharged does not have

1-15     the primary duty to prosecute.

1-16           SECTION 2.  Article 32.01, Code of Criminal Procedure, is

1-17     amended to read as follows:

1-18           Art. 32.01.  DEFENDANT IN CUSTODY AND NO INDICTMENT

1-19     PRESENTED.  When a defendant has been detained in custody or held

1-20     to bail for his appearance to answer any criminal accusation before

1-21     the district court, the prosecution, unless otherwise ordered by

1-22     the court, for good cause shown, supported by affidavit, shall be

1-23     dismissed and the bail discharged, if indictment or information be

1-24     not presented against such defendant on or before the last day of

 2-1     [at] the next term of the court which is held after his  commitment

 2-2     or admission to bail or on or before the 180th day after the date

 2-3     of commitment or admission to bail, whichever date is later.

 2-4           SECTION 3.  Chapter 15, Code of Criminal Procedure, is

 2-5     amended by adding Article 15.14 to read as follows:

 2-6           Art. 15.14.  ARREST AFTER DISMISSAL BECAUSE OF DELAY.  If a

 2-7     prosecution of a defendant is dismissed under Article 32.01, the

 2-8     defendant may be rearrested for the same criminal conduct alleged

 2-9     in the dismissed prosecution only upon presentation of indictment

2-10     or information for the offense and the issuance of an arrest

2-11     warrant subsequent to the indictment or information.

2-12           SECTION 4.  The change in law made by this Act applies only

2-13     to the prosecution of a defendant arrested for an offense on or

2-14     after the effective date of this Act.  The prosecution of a

2-15     defendant arrested      before the effective date of this Act is

2-16     covered by the law in effect when the arrest occurred, and the

2-17     former law is continued in effect for that purpose.

2-18           SECTION 5.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended,

2-23     and that this Act take effect and be in force from and after its

2-24     passage, and it is so enacted.