Texas 2009 - 81st Regular

Texas Senate Bill SB922 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6079 CAE-F
2	2	By: Harris S.B. No. 922
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of certain magistrates.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 54.656, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge
12	12	may refer to a magistrate any criminal case for proceedings
13	13	involving:
14	14	(1) a negotiated plea of guilty before the court;
15	15	(2) bail, including an increase, decrease, or denial
16	16	of bail, a change in the conditions of bail, or [a bond] forfeiture
17	17	of bail;
18	18	(3) a pretrial motion;
19	19	(4) a postconviction writ of habeas corpus;
20	20	(5) an examining trial;
21	21	(6) an occupational driver's license; [and]
22	22	(7) an agreed order of expunction under Chapter 55,
23	23	Code of Criminal Procedure;
24	24	(8) an asset forfeiture hearing as provided by Chapter
25	25	59, Code of Criminal Procedure;
26	26	(9) an agreed order of nondisclosure provided by
27	27	Section 411.081;
28	28	(10) a hearing on a motion to revoke probation; and
29	29	(11) any other matter the judge considers necessary
30	30	and proper.
31	31	(b) A judge may refer to a magistrate a civil case arising
32	32	out of Chapter 59, Code of Criminal Procedure, for any purpose
33	33	authorized by that chapter, including issuing orders, accepting
34	34	agreed judgments, enforcing judgments, and presiding over a case on
35	35	the merits if a party has not requested a jury trial.
36	36	(c) A magistrate may accept a plea of guilty from a
37	37	defendant charged with misdemeanor, felony, or both misdemeanor and
38	38	felony offenses.
39	39	(d) [(c)] A magistrate may select a jury. A magistrate may
40	40	not preside over a criminal trial on the merits, whether or not the
41	41	trial is before a jury.
42	42	(e) A magistrate may not hear a jury trial on the merits of a
43	43	bond forfeiture.
44	44	SECTION 2. Section 54.658, Government Code, is amended to
45	45	read as follows:
46	46	Sec. 54.658. POWERS. [(a)] Except as limited by an order
47	47	of referral, a magistrate to whom a case is referred may:
48	48	(1) conduct hearings;
49	49	(2) hear evidence;
50	50	(3) compel production of relevant evidence;
51	51	(4) rule on admissibility of evidence;
52	52	(5) issue summons for the appearance of witnesses;
53	53	(6) examine witnesses;
54	54	(7) swear witnesses for hearings;
55	55	(8) make findings of fact on evidence;
56	56	(9) formulate conclusions of law;
57	57	(10) rule on a pretrial motion;
58	58	(11) recommend the rulings, orders, or judgment to be
59	59	made in a case;
60	60	(12) regulate proceedings in a hearing;
61	61	(13) accept a plea of guilty from a defendant charged
62	62	with misdemeanor, felony, or both misdemeanor and felony offenses;
63	63	(14) select a jury; [and]
64	64	(15) accept a negotiated plea on a probation
65	65	revocation;
66	66	(16) conduct a contested probation revocation
67	67	hearing;
68	68	(17) sign a dismissal in a misdemeanor case; and
69	69	(18) do any act and take any measure necessary and
70	70	proper for the efficient performance of the duties required by the
71	71	order of referral.
72	72	[(b) A magistrate may not enter a ruling on any issue of law
73	73	or fact if that ruling could result in dismissal or require
74	74	dismissal of a pending criminal prosecution, but the magistrate may
75	75	make findings, conclusions, and recommendations on those issues.]
76	76	SECTION 3. Article 18.01(c), Code of Criminal Procedure, is
77	77	amended to read as follows:
78	78	(c) A search warrant may not be issued pursuant to
79	79	Subdivision (10) of Article 18.02 of this code unless the sworn
80	80	affidavit required by Subsection (b) of this article sets forth
81	81	sufficient facts to establish probable cause: (1) that a specific
82	82	offense has been committed, (2) that the specifically described
83	83	property or items that are to be searched for or seized constitute
84	84	evidence of that offense or evidence that a particular person
85	85	committed that offense, and (3) that the property or items
86	86	constituting evidence to be searched for or seized are located at or
87	87	on the particular person, place, or thing to be searched. Except as
88	88	provided by Subsections (d) and (i) of this article, only a judge of
89	89	a municipal court of record or county court who is an attorney
90	90	licensed by the State of Texas, a judge of a statutory county court,
91	91	district court, or the Court of Criminal Appeals, a justice of [or]
92	92	the Supreme Court, or a magistrate with jurisdiction over criminal
93	93	cases serving a district court may issue warrants pursuant to
94	94	Subdivision (10), Article 18.02 of this code.
95	95	SECTION 4. This Act takes effect September 1, 2009.