Texas 2009 - 81st Regular

Texas House Bill HB1722 Compare Versions

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Old	New	Differences
1	1	81R3803 KFF-D
2	2	By: Castro H.B. No. 1722
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the proceedings that may be referred to and the powers
8	8	of a criminal law magistrate in Bexar County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.906, Government Code, is amended by
11	11	amending Subsection (a) and adding Subsection (c) to read as
12	12	follows:
13	13	(a) A judge may refer to a magistrate any criminal case for
14	14	proceedings involving:
15	15	(1) a bond forfeiture;
16	16	(2) a pretrial motion;
17	17	(3) a postconviction writ of habeas corpus;
18	18	(4) an examining trial;
19	19	(5) the issuance of search warrants, including a
20	20	search warrant under Article 18.02(10), Code of Criminal Procedure,
21	21	notwithstanding Article 18.01(c), Code of Criminal Procedure;
22	22	(6) the setting of bonds;
23	23	(7) the arraignment of defendants; [and]
24	24	(8) a plea of guilty or nolo contendere from a
25	25	defendant charged with:
26	26	(A) a felony;
27	27	(B) a Class C misdemeanor; or
28	28	(C) any misdemeanor if the defendant is charged
29	29	with both misdemeanor and felony offenses; and
30	30	(9) any other matter the judge considers necessary and
31	31	proper[, including a negotiated plea of guilty before the court].
32	32	(c) Subsection (a)(5) does not apply to the issuance of a
33	33	subsequent search warrant under Article 18.02(10), Code of Criminal
34	34	Procedure.
35	35	SECTION 2. Section 54.908, Government Code, is amended to
36	36	read as follows:
37	37	Sec. 54.908. POWERS. (a) Except as limited by an order of
38	38	referral, a magistrate to whom a case is referred may:
39	39	(1) conduct hearings;
40	40	(2) hear evidence;
41	41	(3) compel production of relevant evidence;
42	42	(4) rule on admissibility of evidence;
43	43	(5) issue summons for the appearance of witnesses;
44	44	(6) examine witnesses;
45	45	(7) swear witnesses for hearings;
46	46	(8) make findings of fact on evidence;
47	47	(9) formulate conclusions of law;
48	48	(10) rule on a pretrial motion;
49	49	(11) recommend the rulings, orders, or judgment to be
50	50	made in a case;
51	51	(12) regulate proceedings in a hearing;
52	52	(13) accept a plea of guilty or nolo contendere [for a
53	53	misdemeanor] from a defendant charged with:
54	54	(A) a felony;
55	55	(B) a Class C misdemeanor; or
56	56	(C) any [both] misdemeanor if the defendant is
57	57	charged with both misdemeanor and felony offenses; [and]
58	58	(14) notwithstanding Article 18.01(c), Code of
59	59	Criminal Procedure, issue a search warrant under Article 18.02(10),
60	60	Code of Criminal Procedure; and
61	61	(15) do any act and take any measure necessary and
62	62	proper for the efficient performance of the duties required by the
63	63	order of referral.
64	64	(b) A magistrate does not have authority under Subsection
65	65	(a)(14) to issue a subsequent search warrant under Article
66	66	18.02(10), Code of Criminal Procedure.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2009.