SSHB46 3944 3562
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 46 2021 Regular Session James
CRIMINAL/JUSTICE: Provides relative to certain pretrial procedures
Synopsis of Senate Amendments
1.Changes effective date from upon signature of the governor to Jan. 1, 2022.
2.Makes a technical change.
Digest of Bill as Finally Passed by Senate
Present law provides that the time period for filing a bill of information or indictment after
arrest is as follows:
(1)When the defendant is continued in custody subsequent to an arrest, an indictment
or bill of information shall be filed within 45 days of the arrest if the defendant is
being held for a misdemeanor and within 60 days of the arrest if the defendant is
being held for a felony.
(2)When the defendant is continued in custody subsequent to an arrest, an indictment
shall be filed within 120 days of the arrest if the defendant is being held for a felony
for which the punishment may be death or life imprisonment.
(3)When the defendant is not continued in custody subsequent to arrest, an indictment
or information shall be filed within 90 days of the arrest if the defendant is booked
with a misdemeanor and 150 days of the arrest if the defendant is booked with a
felony.
With regard to a defendant in continued custody subsequent to an arrest, proposed law
changes the amount of days within which an indictment or bill of information shall be filed
from 45 to 30 if the defendant is being held for a misdemeanor.
Effective Jan. 1, 2022.
(Amends C.Cr.P. Art. 701(B)(1)(a))
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