Texas Code of Criminal Procedure - Article 28.061. Discharge For Delay
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Art. 28.061. DISCHARGE FOR DELAY. 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.
Article: 27.18 28.01 28.02 28.03 28.04 28.05 28.06 28.061 28.07 28.08 28.09 28.10 28.11 28.12 28.13
Last modified: August 10, 2007
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