By: Alonzo H.B. No. 278
A BILL TO BE ENTITLED
AN ACT
relating to pretrial hearings in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 28.01, Code of Criminal Procedure, is
amended by adding Section 4 to read as follows:
Sec. 4. A court shall set a pre-trial hearing in a criminal
case other than a case involving only an offense punishable as a
Class C misdemeanor, if not later than the 60th day before the date
on which trial commences, the state or the defendant requests the
hearing. The court must:
(1) hold the requested hearing not later than the 30th
day before the date on which trial commences; and
(2) to the extent feasible, rule at the hearing on all
pre-trial motions filed in the case.
SECTION 2. This Act applies only to a criminal case in which
the indictment or information is presented to the court on or after
the effective date of this Act. A criminal case in which the
indictment or information is presented to the court before the
effective date of this Act is governed by the law in effect when the
indictment or information is presented, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.