| 1 | 1 | | By: Alonzo (Senate Sponsor - Uresti) H.B. No. 452 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2015; |
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| 3 | 3 | | May 13, 2015, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 24, 2015, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 5, Nays 1; |
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| 6 | 6 | | May 24, 2015, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 452 By: Whitmire |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to pretrial hearings in criminal cases in certain courts. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Article 28.01, Code of Criminal Procedure, is |
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| 16 | 16 | | amended by adding Section 4 to read as follows: |
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| 17 | 17 | | Sec. 4. (a) A court shall set a pretrial hearing in a |
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| 18 | 18 | | criminal case if, not later than the 60th day before the date on |
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| 19 | 19 | | which trial commences, the defendant requests the hearing. The |
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| 20 | 20 | | court must: |
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| 21 | 21 | | (1) hold the requested hearing not later than the 30th |
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| 22 | 22 | | day before the date on which trial commences; and |
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| 23 | 23 | | (2) to the extent feasible, rule at the hearing on all |
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| 24 | 24 | | pretrial motions filed in the case. |
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| 25 | 25 | | (b) The failure of the court to comply with the requirements |
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| 26 | 26 | | of Subsection (a) is not grounds for dismissal of a case against a |
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| 27 | 27 | | defendant. |
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| 28 | 28 | | (c) The court may not sustain a motion to set aside an |
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| 29 | 29 | | indictment, information, or complaint for failure to provide a |
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| 30 | 30 | | speedy trial, as described by Article 28.061, based solely on the |
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| 31 | 31 | | failure of the court to comply with the requirements of Subsection |
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| 32 | 32 | | (a). |
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| 33 | 33 | | (d) This section does not apply to a case in which the |
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| 34 | 34 | | offense: |
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| 35 | 35 | | (1) is punishable by fine only; |
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| 36 | 36 | | (2) is punishable by a fine and a sanction not |
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| 37 | 37 | | consisting of confinement or imprisonment; or |
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| 38 | 38 | | (3) is an offense under Chapter 106, Alcoholic |
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| 39 | 39 | | Beverage Code, the punishment for which does not include |
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| 40 | 40 | | confinement as an authorized sanction. |
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| 41 | 41 | | SECTION 2. This Act applies only to a criminal case in which |
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| 42 | 42 | | the indictment or information is presented to the court on or after |
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| 43 | 43 | | the effective date of this Act. A criminal case in which the |
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| 44 | 44 | | indictment or information is presented to the court before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 46 | | date the indictment or information is presented, and the former law |
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| 47 | 47 | | is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 49 | 49 | | * * * * * |
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