Bill Text: TX HB1214 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to pretrial hearings in criminal cases in certain courts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-22 - Referred to Criminal Jurisprudence [HB1214 Detail]
Download: Texas-2017-HB1214-Introduced.html
85R4684 KJE-D | ||
By: Alonzo | H.B. No. 1214 |
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relating to pretrial hearings in criminal cases in certain courts. | ||
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 | ||
criminal 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, information, or complaint 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). | ||
(d) This section does not apply to a case in which the | ||
offense: | ||
(1) is punishable by fine only; | ||
(2) is punishable by a fine and a sanction not | ||
consisting of confinement or imprisonment; or | ||
(3) is an offense under Chapter 106, Alcoholic | ||
Beverage Code, the punishment for which does not include | ||
confinement as an authorized sanction. | ||
SECTION 2. This Act applies only to a criminal case in which | ||
the indictment or information is presented to the court on or after | ||
the effective date of this Act. A criminal 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. |