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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney representing the state to |
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dismiss a criminal action based on the commission of a nonviolent |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 32.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The |
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attorney representing the State may, by permission of the court, |
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dismiss a criminal action at any time upon filing a written |
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statement with the papers in the case setting out the [his] reasons |
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for the [such] dismissal, which shall be incorporated in the |
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judgment of dismissal. No case shall be dismissed without the |
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consent of the presiding judge. |
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(b) The attorney representing the state may dismiss, in the |
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manner provided by Subsection (a), a case involving a nonviolent |
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criminal offense if the defendant in the case: |
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(1) following the commission of the offense, becomes a |
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member of the United States armed forces serving on active duty; and |
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(2) has not been finally convicted of any additional |
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offense other than an offense under the Transportation Code |
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punishable by fine only or an offense relating to a pedestrian or |
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the parking of a motor vehicle punishable by fine only. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |