Relating to change of venue in certain criminal cases involving a peace officer.

89(R) HB 4075 - House Committee Report version - Bill Text

89R25524 MEW-F

By: Leach

H.B. No. 4075

Substitute the following for H.B. No. 4075:

By: Little

C.S.H.B. No. 4075

A BILL TO BE ENTITLED

AN ACT

relating to change of venue in certain criminal cases involving a

peace officer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 31A, Code of Criminal

Procedure, is amended by adding Article 31A.0021 to read as

follows:

Art.

31A.0021.

CHANGE OF VENUE FOR CERTAIN OFFENSES

COMMITTED BY PEACE OFFICERS. (a)

A defendant may file a motion

requesting a change of venue if the defendant:

(1)

is a peace officer or was a peace officer at the

time of the alleged offense; and

(2)

has been charged with an offense allegedly

committed under color of the defendant's employment as a peace

officer.

(b)

On receipt of a motion filed under Subsection (a), the

judge shall:

(1)

if the defendant and attorney representing the

state mutually agree to a change of venue to a county in the same

judicial district as the county in which the case is pending, order

a change of venue to that county; or

(2)

if the defendant and attorney representing the

state do not mutually agree on a change of venue under Subdivision

(1), refer the motion to the presiding judge of the judicial

district in which the case is pending for a venue determination

under Subsection (c).

(c)

On receipt of a referred motion under Subsection (b)(2),

the presiding judge of the judicial district in which the case is

pending shall order a change of venue to:

(1)

any county in the same judicial district as the

county in which the case is pending or in an adjoining judicial

district; or

(2)

any county not described by Subdivision (1), after

providing 10 days' notice to the defendant and the attorney

representing the state.

SECTION 2. The change in law made by this Act applies only

to a defendant charged with an offense committed on or after the

effective date of this Act. A defendant charged with an offense

committed before the effective date of this Act is governed by the

law in effect on the date the offense was committed, and the former

law is continued in effect for that purpose. For purposes of this

section, an offense was committed before the effective date of this

Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.