Bill Text: TX HB452 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to pretrial hearings in criminal cases in certain courts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-26 - Placed on intent calendar [HB452 Detail]
Download: Texas-2015-HB452-Comm_Sub.html
| By: Alonzo (Senate Sponsor - Uresti) | H.B. No. 452 | |
| (In the Senate - Received from the House May 12, 2015; | ||
| May 13, 2015, read first time and referred to Committee on Criminal | ||
| Justice; May 24, 2015, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 5, Nays 1; | ||
| May 24, 2015, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 452 | By: Whitmire | |
|
|
||
|
|
||
| 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 pretrial 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 | ||
| pretrial 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, 2015. | ||
| * * * * * | ||
