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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a criminal action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Code of Criminal Procedure, is |
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amended by adding Article 32.03 to read as follows: |
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Art. 32.03. DISMISSAL BY COURT. (a) The court may dismiss |
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a criminal action at any time on its own motion if the court finds |
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that: |
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(1) the court lacks jurisdiction over the case; |
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(2) a dismissal would be in the interest of justice; or |
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(3) the attorney representing the state has failed to |
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provide exculpatory information to the defense in a timely manner. |
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(b) The court shall incorporate the reasons for dismissal in |
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the judgment of dismissal. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |