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A BILL TO BE ENTITLED
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AN ACT
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relating to pretrial hearings in criminal cases in certain courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 28.01, Code of Criminal Procedure, is |
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amended by adding Section 4 to read as follows: |
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Sec. 4. (a) A court shall set a pre-trial hearing in a |
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criminal case if, not later than the 60th day before the date on |
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which trial commences, the defendant requests the hearing. The |
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court must: |
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(1) hold the requested hearing not later than the 30th |
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day before the date on which trial commences; and |
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(2) to the extent feasible, rule at the hearing on all |
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pre-trial motions filed in the case. |
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(b) The failure of the court to comply with the requirements |
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of Subsection (a) is not grounds for dismissal of a case against a |
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defendant. |
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(c) The court may not sustain a motion to set aside an |
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indictment, information, or complaint for failure to provide a |
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speedy trial, as described by Article 28.061, based solely on the |
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failure of the court to comply with the requirements of Subsection |
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(a). |
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(d) This section does not apply to a case in which the |
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offense: |
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(1) is punishable by fine only; |
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(2) is punishable by a fine and a sanction not |
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consisting of confinement or imprisonment; or |
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(3) is an offense under Chapter 106, Alcoholic |
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Beverage Code, the punishment for which does not include |
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confinement as an authorized sanction. |
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SECTION 2. This Act applies only to a criminal case in which |
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the indictment or information is presented to the court on or after |
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the effective date of this Act. A criminal case in which the |
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indictment or information is presented to the court before the |
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effective date of this Act is governed by the law in effect on the |
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date the indictment or information is presented, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |