| 1 | 1 | | 86R1253 JCG-D |
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| 2 | 2 | | By: Canales H.B. No. 126 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain time limits on a delay in the state's readiness |
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| 8 | 8 | | to proceed with the trial of a criminal case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 17.151, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Section 3 to read as follows: |
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| 12 | 12 | | Sec. 3. (a) The court may enter an order extending a period |
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| 13 | 13 | | described by Section 1 for an additional period of 30 days if: |
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| 14 | 14 | | (1) the court determines at a hearing under Subsection |
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| 15 | 15 | | (b) that good cause exists for the extension; and |
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| 16 | 16 | | (2) the defendant is accused of: |
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| 17 | 17 | | (A) an offense under Section 20A.03, Penal Code; |
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| 18 | 18 | | or |
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| 19 | 19 | | (B) an offense described by Article 42A.054 or |
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| 20 | 20 | | 62.001(5). |
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| 21 | 21 | | (b) On oral or written request by the attorney representing |
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| 22 | 22 | | the state, the court shall conduct a hearing to determine whether |
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| 23 | 23 | | good cause exists for extending a period described by Section 1. |
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| 24 | 24 | | (c) The court may grant only two 30-day extensions under |
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| 25 | 25 | | this section in connection with the specific offense on which the |
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| 26 | 26 | | accusation is based. |
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| 27 | 27 | | SECTION 2. This Act applies only to a person who is arrested |
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| 28 | 28 | | on or after the effective date of this Act, regardless of when the |
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| 29 | 29 | | offense giving rise to the arrest was committed. A person who is |
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| 30 | 30 | | arrested before the effective date of this Act is governed by the |
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| 31 | 31 | | law in effect on the date the person was arrested, and the former |
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| 32 | 32 | | law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2019. |
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