By Sibley S.B. No. 604
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.