85R10121 KJE-D
By: Uresti S.B. No. 882
A BILL TO BE ENTITLED
AN ACT
relating to pretrial hearings in felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 28.01, Code of Criminal Procedure, is
amended by adding Section 4 to read as follows:
Sec. 4. (a) A court shall set a pre-trial hearing in a
felony case if, not later than the 60th day before the date on which
trial commences, the defendant requests the hearing. The court
must:
(1) hold the requested hearing not later than the 30th
day before the date on which trial commences; and
(2) to the extent feasible, rule at the hearing on all
pre-trial motions filed in the case.
(b) The failure of the court to comply with the requirements
of Subsection (a) is not grounds for dismissal of a case against a
defendant.
(c) The court may not sustain a motion to set aside an
indictment or information for failure to provide a speedy trial, as
described by Article 28.061, based solely on the failure of the
court to comply with the requirements of Subsection (a).
SECTION 2. This Act applies only to a felony case in which
the indictment or information is presented to the court on or after
the effective date of this Act. A felony case in which the
indictment or information is presented to the court before the
effective date of this Act is governed by the law in effect on the
date the indictment or information is presented, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.