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      CHC 807     


Art. 807.  Change of venue; proper venue

A.  A request for change of venue must be made by written motion of the district attorney or the child, sworn to by mover or his counsel, before jeopardy begins.  The motion shall contain allegations of facts upon which the motion is based and a statement that the motion is not made for the purpose of delay but to obtain a fair and impartial trial.  The motion must be resolved after a contradictory hearing unless waived by the district attorney and the child.

B.  A change of venue shall be granted if the court finds that, because of undue influence of an adverse party, prejudice existing in the public mind, or for any other reason, a fair and impartial trial cannot be obtained.  The court shall consider whether the reasons are such that they will effect the testimony of witnesses at the trial.

C.  The court may order a change of venue in accordance with Articles 623 through 627 of the Code of Criminal Procedure, except that the proceedings may be transferred to any parish.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.

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