Texas 2011 - 82nd Regular

Texas House Bill HB1252 Compare Versions

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Old	New	Differences
1	1	82R7835 CAE-D
2	2	By: Smith of Tarrant H.B. No. 1252
3	3	Substitute the following for H.B. No. 1252:
4	4	By: Madden C.S.H.B. No. 1252
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of criminal law magistrates in
10	10	Tarrant County.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 54.656, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge
15	15	may refer to a magistrate any criminal case for proceedings
16	16	involving:
17	17	(1) a negotiated plea of guilty before the court;
18	18	(2) a bond forfeiture;
19	19	(3) a pretrial motion;
20	20	(4) a postconviction writ of habeas corpus;
21	21	(5) an examining trial;
22	22	(6) an occupational driver's license; [and]
23	23	(7) an agreed order of expunction under Chapter 55,
24	24	Code of Criminal Procedure;
25	25	(8) an asset forfeiture hearing as provided by Chapter
26	26	59, Code of Criminal Procedure;
27	27	(9) an agreed order of nondisclosure provided by
28	28	Section 411.081;
29	29	(10) a hearing on a motion to revoke probation; and
30	30	(11) any other matter the judge considers necessary
31	31	and proper.
32	32	(b) A judge may refer to a magistrate a civil case arising
33	33	out of Chapter 59, Code of Criminal Procedure, for any purpose
34	34	authorized by that chapter, including issuing orders, accepting
35	35	agreed judgments, enforcing judgments, and presiding over a case on
36	36	the merits if a party has not requested a jury trial.
37	37	(c) A magistrate may accept a plea of guilty from a
38	38	defendant charged with misdemeanor, felony, or both misdemeanor and
39	39	felony offenses.
40	40	(d) [(c)] A magistrate may select a jury. A magistrate may
41	41	not preside over a criminal trial on the merits, whether or not the
42	42	trial is before a jury.
43	43	(e) A magistrate may not hear a jury trial on the merits of a
44	44	bond forfeiture.
45	45	SECTION 2. Section 54.658, Government Code, is amended to
46	46	read as follows:
47	47	Sec. 54.658. POWERS. [(a)] Except as limited by an order
48	48	of referral, a magistrate to whom a case is referred may:
49	49	(1) conduct hearings;
50	50	(2) hear evidence;
51	51	(3) compel production of relevant evidence;
52	52	(4) rule on admissibility of evidence;
53	53	(5) issue summons for the appearance of witnesses;
54	54	(6) examine witnesses;
55	55	(7) swear witnesses for hearings;
56	56	(8) make findings of fact on evidence;
57	57	(9) formulate conclusions of law;
58	58	(10) rule on a pretrial motion;
59	59	(11) recommend the rulings, orders, or judgment to be
60	60	made in a case;
61	61	(12) regulate proceedings in a hearing;
62	62	(13) accept a plea of guilty from a defendant charged
63	63	with misdemeanor, felony, or both misdemeanor and felony offenses;
64	64	(14) select a jury; [and]
65	65	(15) accept a negotiated plea on a probation
66	66	revocation;
67	67	(16) conduct a contested probation revocation
68	68	hearing;
69	69	(17) sign a dismissal in a misdemeanor case; and
70	70	(18) do any act and take any measure necessary and
71	71	proper for the efficient performance of the duties required by the
72	72	order of referral.
73	73	[(b) A magistrate may not enter a ruling on any issue of law
74	74	or fact if that ruling could result in dismissal or require
75	75	dismissal of a pending criminal prosecution, but the magistrate may
76	76	make findings, conclusions, and recommendations on those issues.]
77	77	SECTION 3. Article 18.01(c), Code of Criminal Procedure, is
78	78	amended to read as follows:
79	79	(c) A search warrant may not be issued under Article
80	80	18.02(10) unless the sworn affidavit required by Subsection (b)
81	81	sets forth sufficient facts to establish probable cause: (1) that a
82	82	specific offense has been committed, (2) that the specifically
83	83	described property or items that are to be searched for or seized
84	84	constitute evidence of that offense or evidence that a particular
85	85	person 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), (i), and (j), only a judge of a
89	89	municipal court of record or a county court who is an attorney
90	90	licensed by the State of Texas, a statutory county court judge, a
91	91	district court judge, a judge of the Court of Criminal Appeals,
92	92	including the presiding judge, [or] a justice of the Supreme Court
93	93	of Texas, including the chief justice, or a magistrate with
94	94	jurisdiction over criminal cases serving a district court may issue
95	95	warrants under Article 18.02(10).
96	96	SECTION 4. This Act takes effect September 1, 2011.