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.