BILL ANALYSIS



C.S.H.B. 2949
By: Kamel
04-27-95
Committee Report (Substituted)


BACKGROUND

Numerous judges throughout the state order change of venue in
criminal cases and would like the option of using existing court
services.  The county in which the change of venue is granted is
often under-staffed and cannot handle the daily routine of having
a visiting judge in a case in which venue is changed.  

PURPOSE

If enacted, C.S.H.B. 2949 would allow judges to preside over cases
and use the existing court services when ordering a change of
venue.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION  1.  Amends Section 2, Article 31.08, Code of Criminal
Procedure (RETURN TO COUNTY OF ORIGINAL VENUE), as follows:

     (a) Provides an exception to Subsection (b) regarding the
     duties of the county clerk on an order returning venue.

     (b) Makes this article inapplicable to a proceeding in which
     the clerk of the court of original venue was present and
     performed the duties as clerk for the court under Article
     31.09.

SECTION 2.  Amends Chapter 31, Code of Criminal Procedure (CHANGE
OF VENUE), by adding Article 31.09 as follows:

Art. 31.09.  CHANGE OF VENUE; USE OF EXISTING SERVICES.

     (a) Allows the judge ordering a change of venue to maintain
     the original case number on its docket, preside over the case,
     and use the services of the court reporter and other court
     staff.  Requires the court to use the courtroom facilities and
     other facilities of the district or county to which venue is
     changed.  Requires a jury to consist of residents of the
     district or county to which venue is changed.

     (b) Requires the clerk of the court of original venue to:

           (1) maintain the original papers of the case;

           (2) make the papers available for trial; and

           (3) act as the clerk in the case.

SECTION 3.  Change in law made by this Act applies to a criminal
case in which the indictment or information is presented to the
court on or after the effective date of the Act.  Makes effect of
the Act prospective.

SECTION 4.  Effective date:  September 1, 1995.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of substitute is added to amend Section 2, Article 31.08,
Code of Criminal Procedure.

SECTION 2 of substitute (SECTION 1 of original) amends Chapter 31,
Code of Criminal Procedure, by adding Article 31.09.  The
substitute entitles this article CHANGE OF VENUE; USE OF EXISTING
SERVICES, whereas the original entitles it CHANGE OF VENUE WITHOUT
FORMAL TRANSFER OF CASE.  The original bill addresses the judge's
right to order change of venue without formally transferring the
case; this is deleted in the substitute.  Both bills allow the
court to use existing services and facilities in a case in which
venue has changed.  Subsection (c) of the original bill, allowing
the clerk of the county in which the change of venue was made and
tried not to follow Article 31.08, Section 2, is deleted from the
substitute.

SECTION 3 of the substitute adds applicability clause.  It makes
effect of the Act prospective.

SUMMARY OF COMMITTEE ACTION

HB 2949 was considered by the full committee in a public hearing on
April 19, 1995.  The bill was left pending.  HB 2949 was considered
by the full committee in a formal meeting on April 27, 1995.  The
committee considered a complete committee substitute for the bill. 
The substitute was adopted by a non-record vote.  HB 2949 was
reported favorably as substituted, with the recommendation that it
do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, and
2 absent.