Texas Code of Criminal Procedure - Article 31.08. Return To County Of Original Venue

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Art. 31.08. RETURN TO COUNTY OF ORIGINAL VENUE.  Sec. 1. (a) 
On the completion of a trial in which a change of venue has been 
ordered and after the jury has been discharged, the court, with the 
consent of counsel for the state and the defendant, may return the 
cause to the original county in which the indictment or information 
was filed.  Except as provided by Subsection (b) of this section, 
all subsequent and ancillary proceedings, including the 
pronouncement of sentence after appeals have been exhausted, must 
be heard in the county in which the indictment or information was 
filed.
	(b)  A motion for new trial alleging jury misconduct must be 
heard in the county in which the cause was tried.  The county in 
which the indictment or information was filed must pay the costs of 
the prosecution of the motion for new trial.
	Sec. 2. (a) Except as provided by Subsection (b), on an order 
returning venue to the original county in which the indictment or 
information was filed, the clerk of the county in which the cause 
was tried shall:
	(1)  make a certified copy of the court's order directing the 
return to the original county;
	(2)  make a certified copy of the defendant's bail bond, 
personal bond, or appeal bond;
	(3)  gather all the original papers in the cause and certify 
under official seal that the papers are all the original papers on 
file in the court;  and
	(4)  transmit the items listed in this section to the clerk 
of the court of original venue.
	(b)  This article does not apply to a proceeding in which the 
clerk of the court of original venue was present and performed the 
duties as clerk for the court under Article 31.09.
	Sec. 3.  Except for the review of a death sentence under 
Article 37.071(h) of this code, an appeal taken in a cause returned 
to the original county under this article must be docketed in the 
appellate district in which the county of original venue is 
located.

Added by Acts 1989, 71st Leg., ch. 824, Sec. 1, eff. Sept. 1, 1989.  
Sec. 2 amended by Acts 1995, 74th Leg., ch. 651, Sec. 1, eff. Sept. 
1, 1995.

Last modified: August 10, 2007