| 1 | 1 | | H.B. No. 3417 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the jurisdiction of criminal law hearing officers in |
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| 6 | 6 | | Cameron County. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 54.1356(a), Government Code, is amended |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | (a) A criminal law hearing officer appointed under this |
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| 11 | 11 | | subchapter has limited concurrent jurisdiction over criminal cases |
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| 12 | 12 | | filed in the district courts, statutory county courts, and justice |
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| 13 | 13 | | courts of the county. The jurisdiction of the criminal law hearing |
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| 14 | 14 | | officer is limited to: |
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| 15 | 15 | | (1) determining probable cause for further detention |
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| 16 | 16 | | of any person detained on a criminal complaint, information, or |
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| 17 | 17 | | indictment filed in the district courts, statutory county courts, |
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| 18 | 18 | | or justice courts of the county; |
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| 19 | 19 | | (2) committing the defendant to jail, discharging the |
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| 20 | 20 | | defendant from custody, or admitting the defendant to bail, as the |
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| 21 | 21 | | law and facts of the case require; |
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| 22 | 22 | | (3) issuing search warrants and arrest warrants as |
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| 23 | 23 | | provided by law for magistrates; [and] |
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| 24 | 24 | | (4) as to criminal cases filed in justice courts, |
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| 25 | 25 | | disposing of cases as provided by law, other than by trial, and |
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| 26 | 26 | | collecting fines and enforcing judgments and orders of the justice |
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| 27 | 27 | | courts in criminal cases; |
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| 28 | 28 | | (5) hearing, considering, and ruling on writs of |
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| 29 | 29 | | habeas corpus filed under Article 17.151, Code of Criminal |
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| 30 | 30 | | Procedure; and |
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| 31 | 31 | | (6) on motion of the district attorney: |
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| 32 | 32 | | (A) dismissing a criminal case when the arresting |
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| 33 | 33 | | agency has not timely filed the offense report with the district |
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| 34 | 34 | | attorney; and |
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| 35 | 35 | | (B) reducing the amount of bond on prisoners held |
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| 36 | 36 | | at the county jail whose cases have not been filed in a district |
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| 37 | 37 | | court or a statutory county court. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I certify that H.B. No. 3417 was passed by the House on May |
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| 42 | 42 | | 12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 43 | 43 | | voting. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Chief Clerk of the House |
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| 46 | 46 | | I certify that H.B. No. 3417 was passed by the Senate on May |
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| 47 | 47 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | APPROVED: _____________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | _____________________ |
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| 53 | 53 | | Governor |
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