| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the dismissal of a case within the jurisdiction of a |
|
|
municipal court if a peace officer fails to appear for trial. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 45, Code of Criminal |
|
|
Procedure, is amended by adding Article 45.204 to read as follows: |
|
|
Art. 45.204. DISMISSAL OF CASE IF PEACE OFFICER FAILS TO |
|
|
APPEAR. For any offense that is within the jurisdiction of a |
|
|
municipal court, the judge shall dismiss the case with prejudice if |
|
|
a peace officer fails to appear in connection with the offense when |
|
|
the case is called for trial. The judge may not continue the case |
|
|
for the sole reason of any failure to appear by the officer. |
|
|
SECTION 2. The change in law made by this Act applies to a |
|
|
criminal proceeding that commences on or after the effective date |
|
|
of this Act. A criminal proceeding that commences before the |
|
|
effective date of this Act is governed by the law in effect when the |
|
|
proceeding commenced, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |