Texas 2009 - 81st Regular

Texas House Bill HB1750 Compare Versions

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1	1	81R3742 YDB-D
2	2	By: Bonnen H.B. No. 1750
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of criminal law magistrates for Brazoria
8	8	County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 54, Government Code, is amended by
11	11	adding Subchapter HH to read as follows:
12	12	SUBCHAPTER HH. BRAZORIA COUNTY CRIMINAL MAGISTRATES
13	13	Sec. 54.1851. APPOINTMENT. (a) The Commissioners Court of
14	14	Brazoria County may select magistrates to serve the courts of
15	15	Brazoria County having jurisdiction in criminal matters.
16	16	(b) The commissioners court shall establish the minimum
17	17	qualifications, salary, benefits, and other compensation of each
18	18	magistrate position and shall determine whether the position is
19	19	full-time or part-time. The qualifications must require the
20	20	magistrate to have served as a justice of the peace or be an
21	21	attorney licensed in this state.
22	22	(c) A magistrate appointed under this section serves at the
23	23	pleasure of the commissioners court.
24	24	Sec. 54.1852. JURISDICTION. A magistrate has concurrent
25	25	criminal jurisdiction with the judges of the justice of the peace
26	26	courts of Brazoria County.
27	27	Sec. 54.1853. POWERS AND DUTIES. (a) The Commissioners
28	28	Court of Brazoria County shall establish the powers and duties of a
29	29	magistrate appointed under this subchapter. Except as otherwise
30	30	provided by the commissioners court, a magistrate has the powers of
31	31	a magistrate under the Code of Criminal Procedure and other laws of
32	32	this state and may administer an oath for any purpose.
33	33	(b) A magistrate shall give preference to performing the
34	34	duties of a magistrate under Article 15.17, Code of Criminal
35	35	Procedure.
36	36	(c) The commissioners court may designate one or more
37	37	magistrates to hold regular hearings to:
38	38	(1) give admonishments;
39	39	(2) set and review bail and conditions of release;
40	40	(3) appoint legal counsel; and
41	41	(4) determine other routine matters relating to
42	42	preindictment or pending cases within those courts' jurisdiction.
43	43	(d) In the hearings provided under Subsection (c), a
44	44	magistrate shall give preference to the case of an individual held
45	45	in county jail.
46	46	(e) A magistrate may inquire into a defendant's intended
47	47	plea to the charge and set the case for an appropriate hearing
48	48	before a judge or master.
49	49	Sec. 54.1854. JUDICIAL IMMUNITY. A magistrate has the same
50	50	judicial immunity as a district judge.
51	51	Sec. 54.1855. WITNESSES. (a) A witness who is sworn and
52	52	who appears before a magistrate is subject to the penalties for
53	53	perjury and aggravated perjury provided by law.
54	54	(b) A referring court may fine or imprison a witness or
55	55	other court participant for failure to appear after being summoned,
56	56	refusal to answer questions, or other acts of direct contempt
57	57	before a magistrate.
58	58	SECTION 2. Article 2.09, Code of Criminal Procedure, is
59	59	amended to read as follows:
60	60	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
61	61	officers is a magistrate within the meaning of this Code: The
62	62	justices of the Supreme Court, the judges of the Court of Criminal
63	63	Appeals, the justices of the Courts of Appeals, the judges of the
64	64	District Court, the magistrates appointed by the judges of the
65	65	district courts of Bexar County, Dallas County, or Tarrant County
66	66	that give preference to criminal cases, the criminal law hearing
67	67	officers for Harris County appointed under Subchapter L, Chapter
68	68	54, Government Code, the criminal law hearing officers for Cameron
69	69	County appointed under Subchapter BB, Chapter 54, Government Code,
70	70	the magistrates appointed by the judges of the district courts of
71	71	Lubbock County, Nolan County, or Webb County, the magistrates
72	72	appointed by the judges of the criminal district courts of Dallas
73	73	County or Tarrant County, the masters appointed by the judges of the
74	74	district courts and the county courts at law that give preference to
75	75	criminal cases in Jefferson County, the magistrates appointed by
76	76	the judges of the district courts and the statutory county courts of
77	77	Brazos County, Nueces County, or Williamson County, the magistrates
78	78	appointed by the judges of the district courts and statutory county
79	79	courts that give preference to criminal cases in Travis County, the
80	80	criminal magistrates appointed by the Brazoria County
81	81	Commissioners Court, the county judges, the judges of the county
82	82	courts at law, judges of the county criminal courts, the judges of
83	83	statutory probate courts, the associate judges appointed by the
84	84	judges of the statutory probate courts under Subchapter G, Chapter
85	85	54, Government Code, the justices of the peace, and the mayors and
86	86	recorders and the judges of the municipal courts of incorporated
87	87	cities or towns.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2009.