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2022 Texas Statutes
Code of Criminal Procedure
Title 1 - Code of Criminal Procedure
Chapter 28 - Motions, Pleadings and Exceptions
Article 28.061. Discharge for Delay
Universal Citation:
TX Code Crim Pro art 28.061 (2022)
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If a motion to set aside an indictment, information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the defendant. A discharge under this article is a bar to any further prosecution for the offense discharged and for any other offense arising out of the same transaction, other than an offense of a higher grade that the attorney representing the state and prosecuting the offense that was discharged does not have the primary duty to prosecute.
Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 4, eff. July 1, 1978. Amended by Acts 1987, 70th Leg., ch. 383, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 1, eff. May 26, 1997.
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