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