CHAPTER 32. DISMISSING PROSECUTIONS - Texas Statutes

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.