Bill Text: TX HB685 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of the attorney representing the state to dismiss a criminal action based on the commission of a nonviolent offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB685 Detail]
Download: Texas-2011-HB685-Introduced.html
82R2960 PEP-D | ||
By: Dutton | H.B. No. 685 |
|
||
|
||
relating to the authority of the attorney representing the state to | ||
dismiss a criminal action based on the commission of a nonviolent | ||
offense. | ||
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 may, by permission of the court, | ||
dismiss a criminal action at any time upon filing a written | ||
statement with the papers in the case setting out the [ |
||
for the [ |
||
judgment of dismissal. No case shall be dismissed without the | ||
consent of the presiding judge. | ||
(b) The attorney representing the state may dismiss, in the | ||
manner provided by Subsection (a), a case involving a nonviolent | ||
criminal offense if the defendant in the case: | ||
(1) following the commission of the offense, becomes a | ||
member of the United States armed forces serving on active duty; and | ||
(2) has not been finally convicted of any additional | ||
offense other than an offense under the Transportation Code | ||
punishable by fine only or an offense relating to a pedestrian or | ||
the parking of a motor vehicle punishable by fine only. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |