84R3006 KJE-F
By: Harless H.B. No. 643
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for discharging bail in certain criminal
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 32.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT
PRESENTED. (a) When a defendant has been detained in custody or
held to bail for the defendant's [his] appearance to answer any
criminal accusation, the prosecution, unless otherwise ordered by
the court, for good cause shown, supported by affidavit, shall be
dismissed and the bail discharged, if indictment or information be
not presented against the [such] defendant on or before the last day
of the next term of the court which is held after the defendant's
[his] commitment or admission to bail or on or before the 180th day
after the date of commitment or admission to bail, whichever date is
later.
(b) The court shall dismiss the prosecution and discharge
the defendant's bail under Subsection (a) on its own motion or on
the motion of the defendant or the attorney representing the state.
A surety may file a motion under that subsection for the purpose of
discharging the defendant's bail only.
SECTION 2. This Act takes effect September 1, 2015.