When a Case to be Dismissed, or Not Dismissed for Reasons of

Time.

(a)Except as otherwise provided in Subsection (b), the court shall dismiss a criminal action if:

(1)An information is not filed or an indictment returned within the time prescribed by §§ 45.45, 45.50 and 45.80;

(2)The trial of a defendant, who is in custody at the time of his arraignment, has not commenced within forty-five

(45)days after his arraignment; or

(3)The trial of a defendant, who is not in custody at the time of his arraignment, has not commenced within sixty

(60)days after his arraignment.

(b)A criminal action shall not be dismissed pursuant to Subsection

(a)if:

(1)The action is set on a date beyond the prescribed period upon motion of the defendant or with his consent, express or implied, and he is brought to trial on the date so set or within ten

(10)days thereafter;

(2)The defendant failed to appear for trial and he is brought to trial within thirty

(30)days following his next appearance in the trial court; or COL020909 CH. 80 PRETRIAL CONFERENCE; C ALENDAR FOR TRIAL; DISMISSAL; COMPROMISE

(3)Good cause is shown for the failure to commence the trial within the prescribed period.