1-1 By: Dunnam, Keel (Senate Sponsor - Sibley) H.B. No. 749
1-2 (In the Senate - Received from the House April 9, 1997;
1-3 April 10, 1997, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 1997, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; April 30, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the discharge of criminal proceedings because of delay
1-9 in prosecution.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 28.061, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 28.061. DISCHARGE FOR DELAY. If a motion to set aside
1-14 an indictment, information, or complaint for failure to provide a
1-15 speedy trial is sustained, the court shall discharge the defendant.
1-16 A discharge under this article [or Article 32.01 of this code] is a
1-17 bar to any further prosecution for the offense discharged and for
1-18 any other offense arising out of the same transaction, other than
1-19 an offense of a higher grade that the attorney representing the
1-20 state and prosecuting the offense that was discharged does not have
1-21 the primary duty to prosecute.
1-22 SECTION 2. Article 32.01, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT
1-25 PRESENTED. When a defendant has been detained in custody or held
1-26 to bail for his appearance to answer any criminal accusation before
1-27 the district court, the prosecution, unless otherwise ordered by
1-28 the court, for good cause shown, supported by affidavit, shall be
1-29 dismissed and the bail discharged, if indictment or information be
1-30 not presented against such defendant on or before the last day of
1-31 [at] the next term of the court which is held after his commitment
1-32 or admission to bail or on or before the 180th day after the date
1-33 of commitment or admission to bail, whichever date is later.
1-34 SECTION 3. Chapter 15, Code of Criminal Procedure, is
1-35 amended by adding Article 15.14 to read as follows:
1-36 Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY. If a
1-37 prosecution of a defendant is dismissed under Article 32.01, the
1-38 defendant may be rearrested for the same criminal conduct alleged
1-39 in the dismissed prosecution only upon presentation of indictment
1-40 or information for the offense and the issuance of an arrest
1-41 warrant subsequent to the indictment or information.
1-42 SECTION 4. The change in law made by this Act applies only
1-43 to the prosecution of a defendant arrested for an offense on or
1-44 after the effective date of this Act. The prosecution of a
1-45 defendant arrested before the effective date of this Act is
1-46 covered by the law in effect when the arrest occurred, and the
1-47 former law is continued in effect for that purpose.
1-48 SECTION 5. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *