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.
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