Texas 2011 - 82nd Regular

Texas House Bill HB3844 Compare Versions

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1	1	By: Aycock (Senate Sponsor - Fraser) H.B. No. 3844
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 21, 2011, reported favorably by the following
5	5	vote: Yeas 4, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of criminal law magistrates for Burnet
11	11	County.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 54, Government Code, is amended by
14	14	adding Subchapter JJ to read as follows:
15	15	SUBCHAPTER JJ. BURNET COUNTY CRIMINAL MAGISTRATES
16	16	Sec. 54.1951. APPOINTMENT. (a) The Commissioners Court of
17	17	Burnet County may select magistrates to serve the courts of Burnet
18	18	County having jurisdiction in criminal matters.
19	19	(b) The commissioners court shall establish the minimum
20	20	qualifications, salary, benefits, and other compensation of each
21	21	magistrate position and shall determine whether the position is
22	22	full-time or part-time. The qualifications must require the
23	23	magistrate to:
24	24	(1) have served as a justice of the peace or municipal
25	25	court judge; or
26	26	(2) be an attorney licensed in this state.
27	27	(c) A magistrate appointed under this section serves at the
28	28	pleasure of the commissioners court.
29	29	Sec. 54.1952. JURISDICTION. A magistrate has concurrent
30	30	criminal jurisdiction with the judges of the justice of the peace
31	31	courts of Burnet County.
32	32	Sec. 54.1953. POWERS AND DUTIES. (a) The Commissioners
33	33	Court of Burnet County shall establish the powers and duties of a
34	34	magistrate appointed under this subchapter. Except as otherwise
35	35	provided by the commissioners court, a magistrate has the powers of
36	36	a magistrate under the Code of Criminal Procedure and other laws of
37	37	this state and may administer an oath for any purpose.
38	38	(b) A magistrate shall give preference to performing the
39	39	duties of a magistrate under Article 15.17, Code of Criminal
40	40	Procedure.
41	41	(c) The commissioners court may designate one or more
42	42	magistrates to hold regular hearings to:
43	43	(1) give admonishments;
44	44	(2) set and review bail and conditions of release;
45	45	(3) appoint legal counsel; and
46	46	(4) determine other routine matters relating to
47	47	preindictment or pending cases within those courts' jurisdiction.
48	48	(d) In the hearings provided under Subsection (c), a
49	49	magistrate shall give preference to the case of an individual held
50	50	in county jail.
51	51	(e) A magistrate may inquire into a defendant's intended
52	52	plea to the charge and set the case for an appropriate hearing
53	53	before a judge or master.
54	54	Sec. 54.1954. JUDICIAL IMMUNITY. A magistrate has the same
55	55	judicial immunity as a district judge.
56	56	Sec. 54.1955. WITNESSES. (a) A witness who is sworn and
57	57	who appears before a magistrate is subject to the penalties for
58	58	perjury and aggravated perjury provided by law.
59	59	(b) A referring court may fine or imprison a witness or
60	60	other court participant for failure to appear after being summoned,
61	61	refusal to answer questions, or other acts of direct contempt
62	62	before a magistrate.
63	63	SECTION 2. Article 2.09, Code of Criminal Procedure, is
64	64	amended to read as follows:
65	65	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
66	66	officers is a magistrate within the meaning of this Code: The
67	67	justices of the Supreme Court, the judges of the Court of Criminal
68	68	Appeals, the justices of the Courts of Appeals, the judges of the
69	69	District Court, the magistrates appointed by the judges of the
70	70	district courts of Bexar County, Dallas County, or Tarrant County
71	71	that give preference to criminal cases, the criminal law hearing
72	72	officers for Harris County appointed under Subchapter L, Chapter
73	73	54, Government Code, the criminal law hearing officers for Cameron
74	74	County appointed under Subchapter BB, Chapter 54, Government Code,
75	75	the magistrates appointed by the judges of the district courts of
76	76	Lubbock County, Nolan County, or Webb County, the magistrates
77	77	appointed by the judges of the criminal district courts of Dallas
78	78	County or Tarrant County, the masters appointed by the judges of the
79	79	district courts and the county courts at law that give preference to
80	80	criminal cases in Jefferson County, the magistrates appointed by
81	81	the judges of the district courts and the statutory county courts of
82	82	Brazos County, Nueces County, or Williamson County, the magistrates
83	83	appointed by the judges of the district courts and statutory county
84	84	courts that give preference to criminal cases in Travis County, the
85	85	criminal magistrates appointed by the Brazoria County
86	86	Commissioners Court, the criminal magistrates appointed by the
87	87	Burnet County Commissioners Court, the county judges, the judges of
88	88	the county courts at law, judges of the county criminal courts, the
89	89	judges of statutory probate courts, the associate judges appointed
90	90	by the judges of the statutory probate courts under Subchapter G,
91	91	Chapter 54, Government Code, the associate judges appointed by the
92	92	judge of a district court under Subchapter II, Chapter 54,
93	93	Government Code, the justices of the peace, and the mayors and
94	94	recorders and the judges of the municipal courts of incorporated
95	95	cities or towns.
96	96	SECTION 3. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2011.
101	101	* * * * *