By: Castro, et al. (Senate Sponsor - Uresti) H.B. No. 1722
(In the Senate - Received from the House April 16, 2009;
April 27, 2009, read first time and referred to Committee on
Criminal Justice; May 21, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 21, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1722 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the proceedings that may be referred to and the powers
of a criminal law magistrate in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.906, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A judge may refer to a magistrate any criminal case or
matter for proceedings involving:
(1) [a bond forfeiture;
[(2)] a pretrial motion;
(2) [(3)] a postconviction writ of habeas corpus;
(3) [(4)] an examining trial;
(4) [(5)] the issuance of search warrants, including a
search warrant under Article 18.02(10), Code of Criminal Procedure,
notwithstanding Article 18.01(c), Code of Criminal Procedure;
(5) [(6)] the setting of bonds;
(6) [(7)] the arraignment of defendants; and
(7) [(8)] any other matter the judge considers
necessary and proper[, including a negotiated plea of guilty before
the court].
(c) Subsection (a)(4) does not apply to the issuance of a
subsequent search warrant under Article 18.02(10), Code of Criminal
Procedure.
SECTION 2. Section 54.908, Government Code, is amended to
read as follows:
Sec. 54.908. POWERS. (a) Except as limited by an order
of referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant under Article 18.02(10),
Code of Criminal Procedure [accept a plea of guilty for a
misdemeanor from a defendant charged with both misdemeanor and
felony offenses]; and
(14) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
(b) A magistrate does not have authority under Subsection
(a)(13) to issue a subsequent search warrant under Article
18.02(10), Code of Criminal Procedure.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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