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A BILL TO BE ENTITLED
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AN ACT
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relating to trials for misdemeanor cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT |
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TO BE TRIED IN JUSTICE COURT. (a) Except as otherwise provided by |
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this article, a misdemeanor case to be tried in justice court shall |
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be tried: |
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(1) in the precinct in which the offense was |
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committed; |
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(2) in the precinct in which the defendant or any of |
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the defendants reside; [or] |
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(3) with the written consent of the state and each |
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defendant or the defendant's attorney, in any other precinct within |
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the county; or |
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(4) in a county with a population of 3.3 million or |
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more, in the precinct in which the offense was committed or an |
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adjacent precinct. |
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(b) In any misdemeanor case in which the offense was |
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committed in a precinct where there is no qualified justice court, |
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then trial shall be held: |
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(1) in the next adjacent precinct in the same county |
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which has a duly qualified justice court; or |
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(2) in the precinct in which the defendant may reside. |
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(c) In any misdemeanor case in which each justice of the |
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peace in the precinct where the offense was committed is |
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disqualified for any reason, such case may be tried in the next |
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adjoining precinct in the same county having a duly qualified |
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justice of the peace. |
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(d) A defendant who is taken before a magistrate in |
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accordance with Article 15.18 may waive trial by jury and enter a |
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written plea of guilty or nolo contendere. |
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SECTION 2. This Act takes effect September 1, 2011. |