88R14181 CJD-D
By: Jones of Harris H.B. No. 3688
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of a criminal case by the attorney
representing the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 32.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The
attorney representing the state [State] may, by permission of the
court, dismiss a criminal action at any time upon filing a written
statement with the papers in the case.
(b) A statement of dismissal filed under this article must:
(1) [setting out his reasons for such dismissal, which
shall] be incorporated in the judgment of dismissal; and
(2) set out the attorney representing the state's
specific reasons for the dismissal, including lack of evidence or
actual innocence.
(c) If the specific reason for a dismissal set out under
Subsection (b)(2) is the misconduct of a law enforcement officer,
the attorney representing the state shall:
(1) include in the papers in the case any information
relating to the misconduct;
(2) refer the matter to the law enforcement agency
employing the officer for internal review; and
(3) consider whether the filing of a criminal charge
against the officer is appropriate or refer the matter to the
appropriate attorney representing the state for that
consideration.
(d) No case shall be dismissed under this article without
the consent of the presiding judge.
SECTION 2. The change in law made by this Act applies only
to the dismissal of a criminal action that occurs on or after the
effective date of this Act. A dismissal that occurs before the
effective date of this Act is governed by the law in effect on the
date of the dismissal, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.