By Dunnam H.B. No. 749
Substitute the following for H.B. No. 749:
By Hinojosa C.S.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
1-25 [at] the next term of the court which is held after his commitment
1-26 or admission to bail or on or before the 180th day after the date
1-27 of commitment or admission to bail, whichever date is later.
1-28 SECTION 3. Chapter 15, Code of Criminal Procedure, is
1-29 amended by adding Article 15.14 to read as follows:
1-30 Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY. If a
1-31 prosecution of a defendant is dismissed under Article 32.01, the
2-1 defendant may be rearrested for the same criminal conduct alleged
2-2 in the dismissed prosecution only upon presentation of indictment
2-3 or information for the offense and the issuance of an arrest
2-4 warrant subsequent to the indictment or information.
2-5 SECTION 4. The change in law made by this Act applies only
2-6 to the prosecution of a defendant arrested for an offense on or
2-7 after the effective date of this Act. The prosecution of a
2-8 defendant arrested before the effective date of this Act is
2-9 covered by the law in effect when the arrest occurred, and the
2-10 former law is continued in effect for that purpose.
2-11 SECTION 5. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after
2-17 passage, and it is so suspended.