2005 Texas Code of Criminal Procedure CHAPTER 32. DISMISSING PROSECUTIONS

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. Sept. 1, 
2005.


	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.