Texas statute

Tex. Code Crim. Proc. art. 28.061 — Discharge for delay

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 28: MOTIONS, PLEADINGS AND EXCEPTIONS, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 28.061

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 28.061Primary source, current through the 89th Legislature, 2nd Called Session (2025)

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.

Official sources

This reference is informational and is not legal advice.