Bill Text: TX HB1266 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to notice for hearings and trial settings in criminal cases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1266 Detail]
Download: Texas-2017-HB1266-Enrolled.html
H.B. No. 1266 |
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relating to notice for hearings and trial settings in criminal | ||
cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 29, Code of Criminal Procedure, is | ||
amended by adding Article 29.035 to read as follows: | ||
Art. 29.035. FOR INSUFFICIENT NOTICE OF HEARING OR TRIAL. | ||
(a) Notwithstanding Article 28.01 or any other provision of this | ||
chapter, and except as otherwise provided by this article, a trial | ||
court shall grant a continuance of a criminal action on oral or | ||
written motion of the state or the defendant if the trial court sets | ||
a hearing or trial without providing to the attorney for the state | ||
and the defendant, or the defendant's attorney, notice of the | ||
hearing or trial at least three business days before the date of the | ||
hearing or trial. | ||
(b) This article does not apply during the period between: | ||
(1) the date the trial begins; and | ||
(2) the date the judgment is entered. | ||
SECTION 2. Article 29.035, Code of Criminal Procedure, as | ||
added by this Act, applies to a criminal action pending before a | ||
trial court on or after the effective date of this Act, regardless | ||
of whether the offense that is the subject of the action was | ||
committed before, on, or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1266 was passed by the House on April | ||
28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1266 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |