Chapter 13: Venue

This title addresses various aspects of criminal law and procedure within the state, specifically focusing on the venue of prosecution.

Article 13.01. Offenses Committed Outside This State

  • Offenses that are committed fully or partially outside the state but fall under the jurisdiction of this state can be prosecuted in:

    • Any county where the offender can be found.

    • Any county where an element of the offense occurs.

  • Legal History: Initially enacted in 1965 and amended in 1973; set for repeal on January 1, 2025.

Article 13.02. Forgery

  • Forgery can be prosecuted in:

    • Any county where the writing was forged.

    • Any county where the forged document was used or passed.

    • Any county where it was deposited or placed with another entity.

    • Specifically for forged instruments affecting land title, prosecution can occur in the county where the land is located.

    • Legal History: First enacted in 1965, amended in 1973; repeal effective January 1, 2025.

Article 13.03. Perjury

  • Perjury and aggravated perjury may be prosecuted in:

    • The county where the offense was committed.

    • The county where the false statement was attempted to be used.

    • Legal History: Established in 1965 and amended in 1973; set for repeal on January 1, 2025.

Article 13.04. On the Boundaries of Counties

  • Offenses that occur on the boundaries of two or more counties can be prosecuted in:

    • Any of those counties, including those within 400 yards of the boundary.

    • Offenses on jointly operated airport premises may be prosecuted in either county.

    • Legal History: Initial enactment in 1965 with amendments in 1973 and 1981; due to be repealed January 1, 2025.

Article 13.045. On the Boundaries of Certain Municipalities

  • Offenses punishable by fine, occurring near the boundary of municipalities under a mutual agreement, may be prosecuted in either municipality.

    • Legal History: Added in 2009; set for repeal on January 1, 2025.

Article 13.05. Criminal Homicide Committed Outside This State

  • For criminal homicide committed outside the state, prosecution may occur in:

    • The county where the injury occurred.

    • The county of the offender's location when inflicting the injury.

    • The county where the victim died or where the body was found.

    • Legal History: Similar enactment as earlier articles; subject to repeal effective January 1, 2025.

Article 13.06. Committed on a Boundary Stream

  • When an offense occurs on a river or stream that serves as a state boundary, it may be prosecuted in:

    • The county at the boundary on which the offense was committed.

    • The nearest county seat.

    • Legal History: Enacted in 1965, amended through the years, and scheduled for repeal on January 1, 2025.

Article 13.07. Injured in One County and Dying in Another

  • If a person is injured in one county and later dies in another due to that injury, prosecution may occur in either county:

    • Where the injury was inflicted.

    • Where the death occurred.

    • Where the body is found.

    • Legal History: Established with previous articles; scheduled repeal on January 1, 2025.

Article 13.072. Continuous Violence Against the Family Committed in More than One County

  • For offenses under Section 25.11 of the Penal Code, prosecution can take place in:

    • Any county where related conduct occurred.

    • Legal History: Introduced in 2019; will also be repealed on January 1, 2025.

Article 13.075. Child Injured in One County and Residing in Another

  • Offenses involving a victim under 18 years can be prosecuted in:

    • The county of the offense.

    • The county where the defendant is apprehended.

    • The county of the victim's or defendant's residence.

    • Legal History: Added in 2011; has a repeal due on January 1, 2025.

Articles Continued

This pattern continues for various offenses, detailing specific venue rules for each category such as theft, trafficking, conspiracy, and more, maintaining uniformity to ensure yield in justice regardless of geographical boundaries. Each article is connected through their history of amendments and specifics of prosecutions tied to respective counties based on various situational contexts.

Conclusion

The Code of Criminal Procedure Chapter 13 emphasizes the legal frameworks that dictate prosecution venues within the state, highlighting the adaptability and local governance until the upcoming amendments slated for 2025.