| 1 | | - | By: Geren (Senate Sponsor - Nelson) H.B. No. 1266 |
|---|
| 2 | | - | (In the Senate - Received from the House May 1, 2017; |
|---|
| 3 | | - | May 4, 2017, read first time and referred to Committee on Criminal |
|---|
| 4 | | - | Justice; May 19, 2017, reported favorably by the following vote: |
|---|
| 5 | | - | Yeas 7, Nays 0; May 19, 2017, sent to printer.) |
|---|
| 6 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 1266 |
|---|
| 10 | 4 | | AN ACT |
|---|
| 11 | 5 | | relating to notice for hearings and trial settings in criminal |
|---|
| 12 | 6 | | cases. |
|---|
| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 8 | | SECTION 1. Chapter 29, Code of Criminal Procedure, is |
|---|
| 15 | 9 | | amended by adding Article 29.035 to read as follows: |
|---|
| 16 | 10 | | Art. 29.035. FOR INSUFFICIENT NOTICE OF HEARING OR TRIAL. |
|---|
| 17 | 11 | | (a) Notwithstanding Article 28.01 or any other provision of this |
|---|
| 18 | 12 | | chapter, and except as otherwise provided by this article, a trial |
|---|
| 19 | 13 | | court shall grant a continuance of a criminal action on oral or |
|---|
| 20 | 14 | | written motion of the state or the defendant if the trial court sets |
|---|
| 21 | 15 | | a hearing or trial without providing to the attorney for the state |
|---|
| 22 | 16 | | and the defendant, or the defendant's attorney, notice of the |
|---|
| 23 | 17 | | hearing or trial at least three business days before the date of the |
|---|
| 24 | 18 | | hearing or trial. |
|---|
| 25 | 19 | | (b) This article does not apply during the period between: |
|---|
| 26 | 20 | | (1) the date the trial begins; and |
|---|
| 27 | 21 | | (2) the date the judgment is entered. |
|---|
| 28 | 22 | | SECTION 2. Article 29.035, Code of Criminal Procedure, as |
|---|
| 29 | 23 | | added by this Act, applies to a criminal action pending before a |
|---|
| 30 | 24 | | trial court on or after the effective date of this Act, regardless |
|---|
| 31 | 25 | | of whether the offense that is the subject of the action was |
|---|
| 32 | 26 | | committed before, on, or after the effective date of this Act. |
|---|
| 33 | 27 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|
| 34 | | - | * * * * * |
|---|
| 28 | + | ______________________________ ______________________________ |
|---|
| 29 | + | President of the Senate Speaker of the House |
|---|
| 30 | + | I certify that H.B. No. 1266 was passed by the House on April |
|---|
| 31 | + | 28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not |
|---|
| 32 | + | voting. |
|---|
| 33 | + | ______________________________ |
|---|
| 34 | + | Chief Clerk of the House |
|---|
| 35 | + | I certify that H.B. No. 1266 was passed by the Senate on May |
|---|
| 36 | + | 24, 2017, by the following vote: Yeas 31, Nays 0. |
|---|
| 37 | + | ______________________________ |
|---|
| 38 | + | Secretary of the Senate |
|---|
| 39 | + | APPROVED: _____________________ |
|---|
| 40 | + | Date |
|---|
| 41 | + | _____________________ |
|---|
| 42 | + | Governor |
|---|