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A BILL TO BE ENTITLED
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AN ACT
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relating to the venue for prosecution of misdemeanor cases in |
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justice courts. |
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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 PROSECUTED [TRIED] IN JUSTICE COURT. (a) Except as |
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[otherwise] provided by other law [this article], a misdemeanor |
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case to be prosecuted [tried] in justice court may [shall] be |
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prosecuted [tried:
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[(1)] in any [the] precinct in the county in which the |
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offense was committed[;
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[(2)
in the precinct in which the defendant or any of
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the defendants reside;
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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)
if the offense was committed in a county with a
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population of 3.3 million or more, in any precinct in the county
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that is adjacent to the precinct in which the offense was
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committed]. |
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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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(c) [(e)] The justices of the peace in each county shall, by |
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majority vote, adopt local rules of administration regarding the |
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transfer of a pending misdemeanor case from one precinct to a |
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different precinct. |
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SECTION 2. The change in law made by this Act applies only |
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to a misdemeanor case that is initially filed in a justice court on |
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or after the effective date of this Act, regardless of whether the |
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offense for which the case is filed occurred before, on, or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |