CODE OF CRIMINAL PROCEDURE CHAPTER 32.

DISMISSING PROSECUTIONS

Art. 32.01. [576] [642] [629] Defendant in Custody and No
Indictment Presented

When a defendant has been detained in custody or held to bail for
his appearance to answer any criminal accusation before the
district court, the prosecution, unless otherwise ordered by the
court, for good cause shown, supported by affidavit, shall be
dismissed and the bail discharged, if indictment or information be
not presented against such defendant on or before the last day of
the next term of the court which is held after his commitment or
admission to bail or on or before the 180th day after the date of
commitment or admission to bail, whichever date is later.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Amended by Acts 1997, 75th Leg., ch. 289, Sec. 2, eff. May 26, 1997.

Art. 32.02. [577] [37,643] [37,630] Dismissal by state's attorney

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 his reasons for
such dismissal, which shall be incorporated in the judgment of
dismissal. No case shall be dismissed without the consent of the
presiding judge.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 32A.01. Trial priorities

Insofar as is practicable, the trial of a criminal action shall be
given preference over trials of civil cases, and the trial of a
criminal action against a defendant who is detained in jail pending
trial of the action shall be given preference over trials of other
criminal actions.

Acts 1977, 65th Leg., p. 1970, ch. 787, Sec. 1, eff. July 1, 1978.

Art. 32A.02. Time limitations

Sec. 1. A court shall grant a motion to set aside an indictment,
information, or complaint if the state is not ready for trial
within:

(1) 180 days of the commencement of a criminal action if the
defendant is accused of a felony;

(2) 90 days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a sentence of
imprisonment for more than 180 days; or

(3) 60 days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a sentence of
imprisonment for 180 days or less or punishable by a fine only.

Sec. 2. (a) Except as provided in Subsections (b) and (c) of this
section, a criminal action commences for purposes of this article
when an indictment, information, or complaint against the defendant
is filed in court, unless prior to the filing the defendant is
either detained in custody or released on bail or personal bond to
answer for the same offense or any other offense arising out of the
same transaction, in which event the criminal action commences when
he is arrested.

(b) If a defendant is to be retried following a mistrial, an order
granting a new trial, or an appeal or collateral attack, a criminal
action commences for purposes of this article on the date of the
mistrial, the order granting a new trial, or the remand.

(c) If an indictment, information, or complaint is dismissed on
motion of the defendant, a criminal action commences for the
purposes of the article when a new indictment, information, or
complaint against the defendant is filed in court, unless the
defendant is either detained in custody or released on bail or
personal bond to answer for the same offense or any other offense
arising out of the same transaction, in which event the criminal
action commences when he is detained or released.

Sec. 3. The failure of a defendant to move for discharge under the
provisions of this article prior to trial or the entry of a plea of
guilty constitutes a waiver of the rights accorded by this article.

Sec. 4. In computing the time by which the state must be ready for
trial, the following periods shall be excluded:

(1) a reasonable period of delay resulting from other proceedings
involving the defendant, including but not limited to proceedings
for the determination of competence to stand trial, hearing on
pretrial motions, appeals, and trials of other charges;

(2) any period during which the defendant is incompetent to stand
trial;

(3) a period of delay resulting from a continuance granted at the
request or with the consent of the defendant or his counsel, except
that a defendant without counsel is deemed not to have consented to
a continuance unless the court advised him of his right to a speedy
trial and of the effect of his consent;

(4) a period of delay resulting from the absence of the defendant
because his location is unknown and:

(A) he is attempting to avoid apprehension or prosecution; or

(B) the state has been unable to determine his location by due
diligence;

(5) any period of delay during which the defendant is absent because
he is a fugitive or his bail is forfeited or because he resists
being returned to the state for trial;

(6) a reasonable period of delay resulting from a continuance
granted at the request of the state if the continuance is granted:

(A) because of the unavailability of evidence that is material to
the state's case, if the state has exercised due diligence to obtain
the evidence and there are reasonable grounds to believe the
evidence will be available within a reasonable time; or

(B) to allow the state additional time to prepare its case and the
additional time is justified because of the exceptional
circumstances of the case;

(7) if the charge is dismissed upon motion of the state or the
charge is disposed of by a final judgment and the defendant is later
charged with the same offense or another offense arising out of the
same transaction, the period of delay from the date of dismissal or
the date of the final judgment to the date the time limitation would
commence running on the subsequent charge had there been no
previous charge;

(8) a reasonable period of delay when the defendant is joined for
trial with a codefendant as to whom the time for trial has not run,
if there is good cause for not granting a severance;

(9) a period of delay resulting from detention of the defendant in
another jurisdiction, if the state is aware of the detention and
exercises due diligence to obtain his presence for trial;

(10) any period the defendant is released from custody without
bail;

(11) any reasonable period of delay caused by exceptional
circumstances not under the direct control of the state's attorney,
including the completion, by another agency, of scientific analysis
necessary to determine the offense to be charged; and

(12) any other reasonable period of delay that is justified by
exceptional circumstances.

Acts 1977, 65th Leg., p. 1970, ch. 787, eff. July 1, 1978. Amended
by Acts 1979, 66th Leg., p. 4, ch. 3, Sec. 1, eff. Sept. 1, 1979;
Acts 1987, 70th Leg., ch. 383, Sec. 2, eff. Sept. 1, 1987.

 

 

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