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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for discharging bail in certain criminal |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 32.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT |
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PRESENTED. (a) When a defendant has been detained in custody or |
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held to bail for the defendant's [his] appearance to answer any |
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criminal accusation, the prosecution, unless otherwise ordered by |
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the court, for good cause shown, supported by affidavit, shall be |
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dismissed and the bail discharged, if indictment or information be |
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not presented against the [such] defendant on or before the last day |
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of the next term of the court which is held after the defendant's |
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[his] commitment or admission to bail or on or before the 180th day |
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after the date of commitment or admission to bail, whichever date is |
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later. |
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(b) The court shall dismiss the prosecution and discharge |
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the defendant's bail under Subsection (a) on its own motion or on |
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the motion of the defendant or the attorney representing the state. |
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A surety may file a motion under that subsection for the purpose of |
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discharging the defendant's bail only. |
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SECTION 2. This Act takes effect September 1, 2015. |