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Texas Code of Criminal Procedure

§ 28.061 — DISCHARGE FOR DELAY

CR § 28.061Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Statute text

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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.

Legislative history

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.

Source: Texas Code of Criminal Procedure § 28.061 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.