Texas Code of Criminal Procedure 31A.003 – Change of Venue On State’s Motion
(a) In a felony or misdemeanor case punishable by confinement, the attorney representing the state may file a written motion requesting a change of venue on the basis that:
(1) a fair and impartial trial cannot be safely and speedily held because of:
(A) existing combinations or influences in favor of the defendant; or
(B) the lawless condition of affairs in the county; or
(2) the life of the prisoner or of any witness would be jeopardized by a trial in the county in which the case is pending.
(b) On receipt of a motion filed under Subsection (a), the judge shall:
(1) hear evidence on the motion; and
(2) if the judge is satisfied that the motion is sufficiently supported and that justice will be served by granting the motion, order a change of venue to any county in the judicial district in which the case is pending or in an adjoining judicial district.
Text of article effective on January 01, 2025
Terms Used In Texas Code of Criminal Procedure 31A.003
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005