HB4075 - Relating to change of venue in certain criminal cases involving a peace officer.

  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.