Tex. Code Crim. Proc. art. 28.061

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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.

Tex. Code Crim. Proc. § 28.061

Amended by Acts 1987, 70th Leg., ch. 383, Sec. 1, eff. 9/1/1987. Amended by Acts 1997, 75th Leg., ch. 289, Sec. 1, eff. 5/26/1997.
Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 4, eff. 7/1/1978.