By Tillery H.B. No. 2010
76R6059 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waiver of a defect in or amendment of a criminal
1-3 charging instrument.
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 a charging instrument [an
1-9 indictment or information] before the date on which the trial on
1-10 the merits commences, he waives and forfeits the right to object to
1-11 the defect, error, or irregularity and he may not raise the
1-12 objection on appeal or in any other postconviction proceeding.
1-13 Nothing in this article prohibits a trial court from requiring that
1-14 an objection to a charging instrument [an indictment or
1-15 information] be made at an earlier time in compliance with Article
1-16 28.01 of this code.
1-17 SECTION 2. Section 1, Article 28.01, Code of Criminal
1-18 Procedure, is amended to read as follows:
1-19 Sec. 1. The court may set any criminal case for a pre-trial
1-20 hearing before it is set for trial upon its merits, and direct the
1-21 defendant and his attorney, if any of record, and the State's
1-22 attorney, to appear before the court at the time and place stated
1-23 in the court's order for a conference and hearing. The defendant
1-24 must be present at the arraignment, and his presence is required
2-1 during any pre-trial proceeding. The pre-trial hearing shall be to
2-2 determine any of the following matters:
2-3 (1) Arraignment of the defendant, if such be
2-4 necessary; and appointment of counsel to represent the defendant,
2-5 if such be necessary;
2-6 (2) Pleadings of the defendant;
2-7 (3) Special pleas, if any;
2-8 (4) Exceptions to the form or substance of the
2-9 charging instrument [indictment or information];
2-10 (5) Motions for continuance either by the State or
2-11 defendant; provided that grounds for continuance not existing or
2-12 not known at the time may be presented and considered at any time
2-13 before the defendant announces ready for trial;
2-14 (6) Motions to suppress evidence--When a hearing on
2-15 the motion to suppress evidence is granted, the court may determine
2-16 the merits of said motion on the motions themselves, or upon
2-17 opposing affidavits, or upon oral testimony, subject to the
2-18 discretion of the court;
2-19 (7) Motions for change of venue by the State or the
2-20 defendant; provided, however, that such motions for change of
2-21 venue, if overruled at the pre-trial hearing, may be renewed by the
2-22 State or the defendant during the voir dire examination of the
2-23 jury;
2-24 (8) Discovery;
2-25 (9) Entrapment; and
2-26 (10) Motion for appointment of interpreter.
2-27 SECTION 3. Article 28.11, Code of Criminal Procedure, is
3-1 amended to read as follows:
3-2 Art. 28.11. HOW AMENDED. (a) All amendments of a charging
3-3 instrument [an indictment or information] shall be made with the
3-4 leave of the court and under its direction.
3-5 (b) An amendment of a charging instrument shall become
3-6 effective by either:
3-7 (1) actual interlineation of the instrument by the
3-8 court; or
3-9 (2) entry by the court of a written order that
3-10 reflects the additions, deletions, or other modifications to the
3-11 instrument effected by the amendment, which order shall be filed
3-12 among the papers of the cause.
3-13 SECTION 4. The change in law made by this Act applies only
3-14 to the waiver of a defect in or an amendment of a charging
3-15 instrument that is returned or filed on or after the effective date
3-16 of this Act. The waiver of a defect in or an amendment of a
3-17 charging instrument returned or filed before the effective date of
3-18 this Act is covered by the law in effect when the charging
3-19 instrument was returned or filed, and the former law is continued
3-20 in effect for that purpose.
3-21 SECTION 5. This Act takes effect September 1, 1999.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.