Bill Text: TX HB1718 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to pretrial hearings in felony cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to Criminal Jurisprudence [HB1718 Detail]
Download: Texas-2017-HB1718-Introduced.html
| 85R10121 KJE-D | ||
| By: Alonzo | H.B. No. 1718 | |
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| relating to pretrial hearings in felony cases. | ||
| 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 | ||
| felony 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 or information 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). | ||
| SECTION 2. This Act applies only to a felony case in which | ||
| the indictment or information is presented to the court on or after | ||
| the effective date of this Act. A felony 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. | ||
