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1 | 1 | By: Schofield H.B. No. 3817 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | A BILL TO BE ENTITLED | |
5 | 5 | AN ACT | |
6 | 6 | relating to a waiver of the statute of limitations in the | |
7 | 7 | prosecution of offenses against public administration, including | |
8 | 8 | ethics offenses. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 411.0255(d), Government Code, is amended | |
11 | 11 | to read as follows: | |
12 | 12 | (d) The prosecutor selected under this section may pursue a | |
13 | 13 | waiver to extend the statute of limitations by no more than two | |
14 | 14 | years. The waiver is only valid if it is in writing, specifies the | |
15 | 15 | end date of the waiver, and is signed by the prosecuting attorney | |
16 | 16 | and the defendant or the defendant's counsel. If the waiver adds | |
17 | 17 | less than two years to limitations, the prosecutor may pursue a | |
18 | 18 | successive waiver for good cause shown to the court, providing that | |
19 | 19 | the total time of all waivers does not exceed two years. | |
20 | 20 | SECTION 2. This Act takes effect immediately if it receives | |
21 | 21 | a vote of two-thirds of all the members elected to each house, as | |
22 | 22 | provided by Section 39, Article III, Texas Constitution. If this | |
23 | 23 | Act does not receive the vote necessary for immediate effect, this | |
24 | 24 | Act takes effect September 1, 2017. |