| 1 | 1 | | 88R9896 AJZ-F |
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| 2 | 2 | | By: Jones of Harris H.B. No. 1835 |
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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(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as otherwise provided by this article, a |
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| 13 | 13 | | misdemeanor case to be tried in justice court shall be tried: |
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| 14 | 14 | | (1) in the precinct in which the offense was |
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| 15 | 15 | | committed; |
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| 16 | 16 | | (2) in the precinct in which the defendant or any of |
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| 17 | 17 | | the defendants reside; |
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| 18 | 18 | | (3) with the written consent of the state and each |
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| 19 | 19 | | defendant or the defendant's attorney, in any other precinct within |
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| 20 | 20 | | the county; or |
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| 21 | 21 | | (4) if the offense was committed in a county with a |
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| 22 | 22 | | population of 3.3 million or more, in any precinct that is: |
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| 23 | 23 | | (A) [in the county that is] adjacent to the |
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| 24 | 24 | | precinct in which the offense was committed; and |
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| 25 | 25 | | (B) located in that county. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a misdemeanor case that is initially filed in a justice court on |
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| 28 | 28 | | or after the effective date of this Act, regardless of whether the |
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| 29 | 29 | | offense for which the case is filed occurred before, on, or after |
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| 30 | 30 | | the effective date of this Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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