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A BILL TO BE ENTITLED
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AN ACT
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relating to change of venue in certain criminal cases involving a |
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peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31A, Code of Criminal |
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Procedure, is amended by adding Article 31A.0021 to read as |
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follows: |
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Art. 31A.0021. CHANGE OF VENUE FOR CERTAIN OFFENSES |
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COMMITTED BY PEACE OFFICERS. (a) A defendant may file a motion |
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requesting a change of venue if the defendant: |
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(1) is a peace officer or was a peace officer at the |
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time of the alleged offense; and |
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(2) has been charged with an offense allegedly |
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committed under color of the defendant's employment as a peace |
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officer. |
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(b) On receipt of a motion filed under Subsection (a), the |
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judge shall: |
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(1) if the defendant and attorney representing the |
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state mutually agree to a change of venue to a county in the same |
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judicial district as the county in which the case is pending, order |
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a change of venue to that county; or |
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(2) if the defendant and attorney representing the |
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state do not mutually agree on a change of venue under Subdivision |
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(1), refer the motion to the presiding judge of the judicial |
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district in which the case is pending for a venue determination |
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under Subsection (c). |
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(c) On receipt of a referred motion under Subsection (b)(2), |
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the presiding judge of the judicial district in which the case is |
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pending shall order a change of venue to: |
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(1) any county in the same judicial district as the |
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county in which the case is pending or in an adjoining judicial |
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district; or |
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(2) any county not described by Subdivision (1), after |
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providing 10 days' notice to the defendant and the attorney |
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representing the state. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant charged with an offense committed on or after the |
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effective date of this Act. A defendant charged with an offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |