HB 19-5: Speedy Trial Protection Act (Passed)

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SPEEDY TRIAL PROTECTION ACT

SECTION I: NAME
a. This act shall be called the Speedy Trial Protection Act

SECTION II: SPEEDY TRIAL
a. Where a federal judge or magistrate has found that there is probable cause to believe that an adult has committed a felony, the accused, if he or she is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced within six (6) months from the date such probable cause was found; and if the accused is not held in custody, he or she shall be forever discharged from prosecution therefor if no trial is commenced within nine (9) months from the date such probable cause was found.
b. If there was no preliminary hearing, or if such preliminary hearing was waived by the accused, the commencement of the running of the six (6) and nine (9) months periods, respectively, set forth in this act, shall be from the date an indictment or presentment is found against the accused. If an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the six (6) and nine (9) months periods, respectively, shall commence to run from the date of his arrest thereon. The time during the pendency of any appeal in any appellate court shall not be included as applying to the provisions of this section.
c. The provisions of this section shall not apply to such period of time as the failure to try the accused was caused:
   1. By his insanity or by reason of his confinement in a hospital for care and observation;
   2. By the witnesses for the prosecution being enticed or kept away, or prevented from attending by sickness or accident;
   3. By the granting of a separate trial at the request of a person indicted jointly with others for a felony;
   4. By continuance granted on the motion of the accused or his or her counsel, or by concurrence of the accused or his or her counsel in such a motion by the prosecutor, or by the failure of the accused or his or her counsel to make a timely objection to such a motion by the prosecutor, or by reason of his escaping from jail or failing to appear according to his recognizance;
   5. By the inability of the jury to agree in their verdict; or
   6. By a natural disaster, civil disorder, or act of God.

SECTION III: DATE
a. This act shall take effect thirty (30) days from the date of passage and shall not apply retroactively.

Sponsor: Lfromnj
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