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.

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