| 1 | 1 | | 81R748 PEP-D |
|---|
| 2 | 2 | | By: Dutton H.B. No. 949 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of the attorney representing the state to |
|---|
| 8 | 8 | | dismiss a criminal action based on the commission of a nonviolent |
|---|
| 9 | 9 | | offense. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 32.02, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The |
|---|
| 14 | 14 | | attorney representing the State may, by permission of the court, |
|---|
| 15 | 15 | | dismiss a criminal action at any time upon filing a written |
|---|
| 16 | 16 | | statement with the papers in the case setting out the [his] reasons |
|---|
| 17 | 17 | | for the [such] dismissal, which shall be incorporated in the |
|---|
| 18 | 18 | | judgment of dismissal. No case shall be dismissed without the |
|---|
| 19 | 19 | | consent of the presiding judge. |
|---|
| 20 | 20 | | (b) The attorney representing the state may dismiss, in the |
|---|
| 21 | 21 | | manner provided by Subsection (a), a case involving a nonviolent |
|---|
| 22 | 22 | | criminal offense if the defendant in the case: |
|---|
| 23 | 23 | | (1) following the commission of the offense, becomes a |
|---|
| 24 | 24 | | member of the United States armed forces serving on active duty; and |
|---|
| 25 | 25 | | (2) has not been finally convicted of any additional |
|---|
| 26 | 26 | | offense other than an offense under the Transportation Code |
|---|
| 27 | 27 | | punishable by fine only or an offense relating to a pedestrian or |
|---|
| 28 | 28 | | the parking of a motor vehicle punishable by fine only. |
|---|
| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 33 | 33 | | Act takes effect September 1, 2009. |
|---|