Bill Text: TX SB1200 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the venue for prosecution of misdemeanor cases in justice of the peace courts located in certain counties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1200 Detail]
Download: Texas-2011-SB1200-Introduced.html
Bill Title: Relating to the venue for prosecution of misdemeanor cases in justice of the peace courts located in certain counties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1200 Detail]
Download: Texas-2011-SB1200-Introduced.html
82R12760 T | ||
By: Patrick | S.B. No. 1200 |
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relating to trials for misdemeanor cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 4.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT | ||
TO BE TRIED IN JUSTICE COURT. (a) Except as otherwise provided by | ||
this article, a misdemeanor case to be tried in justice court shall | ||
be tried: | ||
(1) in the precinct in which the offense was | ||
committed; | ||
(2) in the precinct in which the defendant or any of | ||
the defendants reside; [ |
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(3) with the written consent of the state and each | ||
defendant or the defendant's attorney, in any other precinct within | ||
the county; or | ||
(4) in a county with a population of 3.3 million or | ||
more, in the precinct in which the offense was committed or an | ||
adjacent precinct. | ||
(b) In any misdemeanor case in which the offense was | ||
committed in a precinct where there is no qualified justice court, | ||
then trial shall be held: | ||
(1) in the next adjacent precinct in the same county | ||
which has a duly qualified justice court; or | ||
(2) in the precinct in which the defendant may reside. | ||
(c) In any misdemeanor case in which each justice of the | ||
peace in the precinct where the offense was committed is | ||
disqualified for any reason, such case may be tried in the next | ||
adjoining precinct in the same county having a duly qualified | ||
justice of the peace. | ||
(d) A defendant who is taken before a magistrate in | ||
accordance with Article 15.18 may waive trial by jury and enter a | ||
written plea of guilty or nolo contendere. | ||
SECTION 2. This Act takes effect September 1, 2011. |