By Dunnam                                        H.B. No. 749

      75R3861 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     in presentment of an information or indictment.

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

 1-5           SECTION 1.  Article 32.01, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 32.01.  DEFENDANT IN CUSTODY AND NO INDICTMENT

 1-8     PRESENTED.  When a defendant has been detained in custody or held

 1-9     to bail for his appearance to answer any criminal accusation before

1-10     the district court, the prosecution, unless otherwise ordered by

1-11     the court, for good cause shown, supported by affidavit, shall be

1-12     dismissed and the bail discharged, if indictment or information be

1-13     not presented against such defendant on or before the last day of

1-14     [at] the next term of the court which is held after his  commitment

1-15     or admission to bail or on or before the 270th day after the date

1-16     of commitment or admission to bail, whichever date is later.

1-17           SECTION 2.  The change in law made by this Act applies only

1-18     to the prosecution of a defendant arrested for an offense on or

1-19     after the effective date of this Act.  The prosecution of a

1-20     defendant arrested      before the effective date of this Act is

1-21     covered by the law in effect when the arrest occurred, and the

1-22     former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.