74R8199 DD-D
By Kamel H.B. No. 2949
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain court services and facilities after
1-3 a change of venue has been ordered in a criminal proceeding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 31.08, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 Sec. 2. (a) Except as provided by Subsection (b), on <On>
1-8 an order returning venue to the original county in which the
1-9 indictment or information was filed, the clerk of the county in
1-10 which the cause was tried shall:
1-11 (1) make a certified copy of the court's order
1-12 directing the return to the original county;
1-13 (2) make a certified copy of the defendant's bail
1-14 bond, personal bond, or appeal bond;
1-15 (3) gather all the original papers in the cause and
1-16 certify under official seal that the papers are all the original
1-17 papers on file in the court; and
1-18 (4) transmit the items listed in this section to the
1-19 clerk of the court of original venue.
1-20 (b) This article does not apply to a proceeding in which the
1-21 clerk of the court of original venue was present and performed the
1-22 duties as clerk for the court under Article 31.09.
1-23 SECTION 2. Chapter 31, Code of Criminal Procedure, is
2-1 amended by adding Article 31.09 to read as follows:
2-2 Art. 31.09. CHANGE OF VENUE; USE OF EXISTING SERVICES. (a)
2-3 If a change of venue in a criminal case is ordered under this
2-4 chapter, the judge ordering the change of venue may, with the
2-5 written consent of the prosecuting attorney, the defense attorney,
2-6 and the defendant, maintain the original case number on its own
2-7 docket, preside over the case, and use the services of the court
2-8 reporter, the court coordinator, and the clerk of the court of
2-9 original venue. The court shall use the courtroom facilities and
2-10 any other services or facilities of the district or county to which
2-11 venue is changed. A jury, if required, must consist of residents
2-12 of the district or county to which venue is changed.
2-13 (b) Notwithstanding Article 31.05, the clerk of the court of
2-14 original venue shall:
2-15 (1) maintain the original papers of the case,
2-16 including the defendant's bail bond or personal bond;
2-17 (2) make the papers available for trial; and
2-18 (3) act as the clerk in the case.
2-19 SECTION 3. The change in law made by this Act applies to a
2-20 criminal case in which the indictment or information is presented
2-21 to the court on or after the effective date of this Act. A
2-22 criminal case in which an indictment or information is presented
2-23 before the effective date of this Act is covered by the law in
2-24 effect when the indictment or information was presented, and the
2-25 former law is continued in effect for that purpose.
3-1 SECTION 4. This Act takes effect September 1, 1995.
3-2 SECTION 5. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.