SF 149 — Place of Trial for Certain Criminal Offenses (Withdrawn)
Overview
SF 149 would have added a new provision to Section 803.3 to establish where certain criminal offenses must be tried when the county where the offense occurred cannot be readily determined. The bill focuses on determining venue based on the residence of the victim, the person charged, and the status of the victim (natural person vs. non-natural person). Although introduced and debated, the bill was ultimately withdrawn from consideration.
Key Provisions (Section 803.3(8) – new subsection)
- a. If the county where the offense was committed cannot be readily determined, the trial would be held in the county of residence of the victim, with other rules applicable as provided in the section.
- b. If there is no victim, the victim is not a resident of this state, or the victim’s residence cannot be established, the trial would be held in the county of residence of the person charged with the offense.
- c. If the victim is not a natural person, venue for trial is proper in any county where the victim has a physical presence.
- d. If more than one victim exists, the trial may be held in any county in which a victim resides, with the county of residence of a natural person taking priority over the residences of other victims.
- Explanatory note: The text includes an explanations section typical of bills, but the explanation does not constitute legislative endorsement of the substance.
Who/What Is Affected
- Defendants accused of offenses where the county of offense cannot be readily determined.
- Victims and their residences (including the distinction between natural persons and non-natural entities as victims).
- Counties and judicial districts responsible for conducting trials, potentially shifting or clarifying venue decisions.
- In cases with multiple victims, the bill creates a priority framework linking natural-person victims to their county of residence.
Procedural and Timeline Aspects
- Introduced: January 29, 2025 (S.F. 149), placed on the calendar.
- Committee action: Committee report approving the bill (same date as introduction activity).
- Legislative actions: Attached to HF 647 on March 17, 2025; HF 647 substituted for SF 149 on April 8, 2025; SF 149 subsequently withdrawn on April 8, 2025.
- Status: Withdrawn (not enacted); the introduced language would have amended venue rules, but is no longer active law.
- Additional notes: The “Explanation” section is included in the version but does not reflect legislative endorsement.
Impact Considerations
- The proposed changes could have clarified and potentially shifted venue decisions in cases with ambiguous in-state/offense location, aligning venue with victim or charged-person residency.
- Could affect prosecutorial logistics, defense strategy, and victim access to trials in convenient venues.
- Since withdrawn, the current law remains unchanged; any future revival would require reintroduction and passage.
