State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-32-dismissing-prosecutions
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 32. DISMISSING PROSECUTIONS
Art. 32.01. 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, 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.
Amended by:
Acts 2005, 79th Leg., Ch.
743, Sec. 6, eff. September 1, 2005.
Art. 32.02. 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.
State Codes and Statutes
Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-32-dismissing-prosecutions
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 32. DISMISSING PROSECUTIONS
Art. 32.01. 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, 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.
Amended by:
Acts 2005, 79th Leg., Ch.
743, Sec. 6, eff. September 1, 2005.
Art. 32.02. 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.
State Codes and Statutes
Statutes >
Texas >
Code-of-criminal-procedure >
Title-1-code-of-criminal-procedure >
Chapter-32-dismissing-prosecutions CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 32. DISMISSING PROSECUTIONS
Art. 32.01. 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, 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.
Amended by:
Acts 2005, 79th Leg., Ch.
743, Sec. 6, eff. September 1, 2005.
Art. 32.02. 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.
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