Texas Code of Criminal Procedure - Article 31.03. Granted On Motion Of Defendant

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 31.03. Granted On Motion Of Defendant

Art. 31.03. [562] [628] [615] GRANTED ON MOTION OF 
DEFENDANT.  (a) A change of venue may be granted in any felony or 
misdemeanor case punishable by confinement on the written motion of 
the defendant, supported by his own affidavit and the affidavit of 
at least two credible persons, residents of the county where the 
prosecution is instituted, for either of the following causes, the 
truth and sufficiency of which the court shall determine:
	1. That there exists in the county where the prosecution is 
commenced so great a prejudice against him that he cannot obtain a 
fair and impartial trial;  and
	2. That there is a dangerous combination against him 
instigated by influential persons, by reason of which he cannot 
expect a fair trial.
	An order changing venue to a county beyond an adjoining 
district shall be grounds for reversal, if upon timely contest by 
defendant, the record of the contest affirmatively shows that any 
county in his own and the adjoining district is not subject to the 
same conditions which required the transfer.
	(b)  For the convenience of parties and witnesses, and in the 
interest of justice, the court upon motion of the defendant and with 
the consent of the attorney for the state may transfer the 
proceeding as to him to another district.
	(c)  The court upon motion of the defendant and with the 
consent of the attorney for the state may transfer the proceedings 
to another district in those cases wherein the defendant stipulates 
that a plea of guilty will be entered.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1979, 66th Leg., p. 266, ch. 140, Sec. 1, eff. Aug. 
27, 1979.

Last modified: August 10, 2007