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AN ACT
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relating to notice for hearings and trial settings in criminal |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Code of Criminal Procedure, is |
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amended by adding Article 29.035 to read as follows: |
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Art. 29.035. FOR INSUFFICIENT NOTICE OF HEARING OR TRIAL. |
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(a) Notwithstanding Article 28.01 or any other provision of this |
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chapter, and except as otherwise provided by this article, a trial |
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court shall grant a continuance of a criminal action on oral or |
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written motion of the state or the defendant if the trial court sets |
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a hearing or trial without providing to the attorney for the state |
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and the defendant, or the defendant's attorney, notice of the |
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hearing or trial at least three business days before the date of the |
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hearing or trial. |
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(b) This article does not apply during the period between: |
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(1) the date the trial begins; and |
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(2) the date the judgment is entered. |
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SECTION 2. Article 29.035, Code of Criminal Procedure, as |
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added by this Act, applies to a criminal action pending before a |
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trial court on or after the effective date of this Act, regardless |
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of whether the offense that is the subject of the action was |
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committed before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1266 was passed by the House on April |
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28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1266 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |