| 1 | 1 | | 83R18745 GCB-D |
|---|
| 2 | 2 | | By: Alonzo H.B. No. 212 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 212: |
|---|
| 4 | 4 | | By: Herrero C.S.H.B. No. 212 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to pretrial hearings in criminal cases. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article 28.01, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Section 4 to read as follows: |
|---|
| 13 | 13 | | Sec. 4. (a) A court shall set a pre-trial hearing in a |
|---|
| 14 | 14 | | criminal case other than a case involving an offense punishable as a |
|---|
| 15 | 15 | | Class C misdemeanor if, not later than the 60th day before the date |
|---|
| 16 | 16 | | on which trial commences, the defendant requests the hearing. The |
|---|
| 17 | 17 | | court must: |
|---|
| 18 | 18 | | (1) hold the requested hearing not later than the 30th |
|---|
| 19 | 19 | | day before the date on which trial commences; and |
|---|
| 20 | 20 | | (2) to the extent feasible, rule at the hearing on all |
|---|
| 21 | 21 | | pre-trial motions filed in the case. |
|---|
| 22 | 22 | | (b) The failure of the court to comply with the requirements |
|---|
| 23 | 23 | | of Subsection (a) is not grounds for dismissal of a case against a |
|---|
| 24 | 24 | | defendant. |
|---|
| 25 | 25 | | (c) The court may not sustain a motion to set aside an |
|---|
| 26 | 26 | | indictment, information, or complaint for failure to provide a |
|---|
| 27 | 27 | | speedy trial, as described by Article 28.061, based solely on the |
|---|
| 28 | 28 | | failure of the court to comply with the requirements of Subsection |
|---|
| 29 | 29 | | (a). |
|---|
| 30 | 30 | | SECTION 2. This Act applies only to a criminal case in which |
|---|
| 31 | 31 | | the indictment or information is presented to the court on or after |
|---|
| 32 | 32 | | the effective date of this Act. A criminal case in which the |
|---|
| 33 | 33 | | indictment or information is presented to the court before the |
|---|
| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
|---|
| 35 | 35 | | date the indictment or information is presented, and the former law |
|---|
| 36 | 36 | | is continued in effect for that purpose. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|