By Tillery                                      H.B. No. 2244

      75R7045 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a defendant's waiver of the right to object to a

 1-3     defective, erroneous, or irregular complaint.

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

 1-5           SECTION 1.  Article 1.14(b), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (b)  If the defendant does not object to a defect, error, or

 1-8     irregularity of form or substance in an indictment, [or]

 1-9     information, or complaint before the date on which the trial on the

1-10     merits commences, the defendant [he] waives and forfeits the right

1-11     to object to the defect, error, or irregularity and [he] may not

1-12     raise the objection on appeal or in any other postconviction

1-13     proceeding.  Nothing in this article prohibits a trial court from

1-14     requiring that an objection to an indictment, [or] information, or

1-15     complaint be made at an earlier time in compliance with Article

1-16     28.01 [of this code].

1-17           SECTION 2.  This Act takes effect September 1, 1997.  The

1-18     change in law made by this Act applies only to the right of a

1-19     defendant to object to a complaint filed on or after September 1,

1-20     1997.  The right of a defendant to object to a complaint filed

1-21     before September 1, 1997, is covered by the law in effect when the

1-22     complaint was filed, and the former law is continued in effect for

1-23     that purpose.

1-24           SECTION 3.  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.