1-1 By: Kamel (Senate Sponsor - Nixon) H.B. No. 2949
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the use of certain court services and facilities after
1-9 a change of venue has been ordered in a criminal proceeding.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2, Article 31.08, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 Sec. 2. (a) Except as provided by Subsection (b), on <On>
1-14 an order returning venue to the original county in which the
1-15 indictment or information was filed, the clerk of the county in
1-16 which the cause was tried shall:
1-17 (1) make a certified copy of the court's order
1-18 directing the return to the original county;
1-19 (2) make a certified copy of the defendant's bail
1-20 bond, personal bond, or appeal bond;
1-21 (3) gather all the original papers in the cause and
1-22 certify under official seal that the papers are all the original
1-23 papers on file in the court; and
1-24 (4) transmit the items listed in this section to the
1-25 clerk of the court of original venue.
1-26 (b) This article does not apply to a proceeding in which the
1-27 clerk of the court of original venue was present and performed the
1-28 duties as clerk for the court under Article 31.09.
1-29 SECTION 2. Chapter 31, Code of Criminal Procedure, is
1-30 amended by adding Article 31.09 to read as follows:
1-31 Art. 31.09. CHANGE OF VENUE; USE OF EXISTING SERVICES. (a)
1-32 If a change of venue in a criminal case is ordered under this
1-33 chapter, the judge ordering the change of venue may, with the
1-34 written consent of the prosecuting attorney, the defense attorney,
1-35 and the defendant, maintain the original case number on its own
1-36 docket, preside over the case, and use the services of the court
1-37 reporter, the court coordinator, and the clerk of the court of
1-38 original venue. The court shall use the courtroom facilities and
1-39 any other services or facilities of the district or county to which
1-40 venue is changed. A jury, if required, must consist of residents
1-41 of the district or county to which venue is changed.
1-42 (b) Notwithstanding Article 31.05, the clerk of the court of
1-43 original venue shall:
1-44 (1) maintain the original papers of the case,
1-45 including the defendant's bail bond or personal bond;
1-46 (2) make the papers available for trial; and
1-47 (3) act as the clerk in the case.
1-48 SECTION 3. The change in law made by this Act applies to a
1-49 criminal case in which the indictment or information is presented
1-50 to the court on or after the effective date of this Act. A
1-51 criminal case in which an indictment or information is presented
1-52 before the effective date of this Act is covered by the law in
1-53 effect when the indictment or information was presented, and the
1-54 former law is continued in effect for that purpose.
1-55 SECTION 4. This Act takes effect September 1, 1995.
1-56 SECTION 5. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *