BILL ANALYSIS


                                                        H.B. 2949
                                                By: Kamel (Nixon)
                                                 Criminal Justice
                                                         05-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

A change of venue is not uncommon in a criminal case.  Currently,
the use of the judge's existing services and resources is not an
option to the judge.

PURPOSE

As proposed, H.B. 2949 authorizes 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Article 31.08, Code of Criminal
Procedure, to provide that this article does not apply 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.  Makes a conforming change.

SECTION 2. Amends Chapter 31, Code of Criminal Procedure, by adding
Article 31.09, as follows:

     Art. 31.09.  CHANGE OF VENUE; USE OF EXISTING SERVICES.  (a) 
     Authorizes the judge ordering a change of venue in a criminal
     case, with the written consent of the prosecuting attorney,
     the defense attorney, and the defendant, to maintain the
     original case number on its own docket, preside over the case,
     and use the services of the court reporter, the court
     coordinator, and the clerk of the court of original venue. 
     Requires the court to use the courtroom facilities and any
     other services or 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 changes.
     
     (b)  Sets forth the required actions of the clerk of the
       court of original venue.
       
       SECTION 3.   Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.