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.