Texas Code of Criminal Procedure - Article 4.12. Misdemeanor Cases; Precinct In Which Defendant To Be Tried In Justice Court

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Art. 4.12. [60A] 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;  or
	(3)  with the written consent of the state and each defendant 
or the defendant's attorney, in any other precinct within the 
county.
	(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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001.

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Last modified: August 10, 2007