| 1 | 1 | | 84R2936 KJE-F |
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| 2 | 2 | | By: Moody H.B. No. 2153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the venue for prosecution of misdemeanor cases in |
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| 8 | 8 | | justice courts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 4.12, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT |
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| 13 | 13 | | TO BE PROSECUTED [TRIED] IN JUSTICE COURT. (a) Except as |
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| 14 | 14 | | [otherwise] provided by other law [this article], a misdemeanor |
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| 15 | 15 | | case to be prosecuted [tried] in justice court may [shall] be |
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| 16 | 16 | | prosecuted [tried: |
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| 17 | 17 | | [(1)] in any [the] precinct in the county in which the |
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| 18 | 18 | | offense was committed[; |
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| 19 | 19 | | [(2) in the precinct in which the defendant or any of |
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| 20 | 20 | | the defendants reside; |
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| 21 | 21 | | [(3) with the written consent of the state and each |
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| 22 | 22 | | defendant or the defendant's attorney, in any other precinct within |
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| 23 | 23 | | the county; or |
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| 24 | 24 | | [(4) if the offense was committed in a county with a |
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| 25 | 25 | | population of 3.3 million or more, in any precinct in the county |
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| 26 | 26 | | that is adjacent to the precinct in which the offense was |
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| 27 | 27 | | committed]. |
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| 28 | 28 | | (b) [In any misdemeanor case in which the offense was |
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| 29 | 29 | | committed in a precinct where there is no qualified justice court, |
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| 30 | 30 | | then trial shall be held: |
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| 31 | 31 | | [(1) in the next adjacent precinct in the same county |
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| 32 | 32 | | which has a duly qualified justice court; or |
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| 33 | 33 | | [(2) in the precinct in which the defendant may reside. |
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| 34 | 34 | | [(c) In any misdemeanor case in which each justice of the |
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| 35 | 35 | | peace in the precinct where the offense was committed is |
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| 36 | 36 | | disqualified for any reason, such case may be tried in the next |
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| 37 | 37 | | adjoining precinct in the same county having a duly qualified |
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| 38 | 38 | | justice of the peace. |
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| 39 | 39 | | [(d)] A defendant who is taken before a magistrate in |
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| 40 | 40 | | accordance with Article 15.18 may waive trial by jury and enter a |
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| 41 | 41 | | written plea of guilty or nolo contendere. |
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| 42 | 42 | | (c) [(e)] The justices of the peace in each county shall, by |
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| 43 | 43 | | majority vote, adopt local rules of administration regarding the |
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| 44 | 44 | | transfer of a pending misdemeanor case from one precinct to a |
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| 45 | 45 | | different precinct. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to a misdemeanor case that is initially filed in a justice court on |
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| 48 | 48 | | or after the effective date of this Act, regardless of whether the |
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| 49 | 49 | | offense for which the case is filed occurred before, on, or after |
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| 50 | 50 | | the effective date of this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2015. |
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