TRIAL AND ITS INCIDENTS
CHAPTER THIRTY-TWO—DISMISSING PROSECUTIONS
Art. 32.01. [576] [642] [629] 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 before the
district court, 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, § 1, eff. Jan. 1, 1966.
Amended by Acts 1997, 75th Leg., ch. 289, § 2, eff. May 26, 1997.
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, § 1, eff. Jan. 1, 1966.
