82R13126 PMO-F
By: Castro H.B. No. 994
A BILL TO BE ENTITLED
AN ACT
relating to proceedings that may be referred to and the powers of a
criminal law magistrate in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.906(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case for
proceedings involving:
(1) a bond forfeiture;
(2) a pretrial motion;
(3) a postconviction writ of habeas corpus;
(4) an examining trial;
(5) the issuance of search warrants, including a
search warrant under Article 18.02(10), Code of Criminal Procedure,
notwithstanding Article 18.01(c), Code of Criminal Procedure;
(6) the setting of bonds;
(7) the arraignment of defendants; and
(8) any other matter the judge considers necessary and
proper, including a [negotiated] plea of guilty or nolo contendere
from a defendant charged with:
(A) a felony offense;
(B) a misdemeanor offense when charged with both
a misdemeanor offense and a felony offense; or
(C) a misdemeanor offense [before the court].
SECTION 2. Section 54.908(a), Government Code, is amended
to read as follows:
(a) Except as limited by an order of referral, a magistrate
to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty or nolo contendere [for a
misdemeanor] from a defendant charged with:
(A) a felony offense;
(B) a [both] misdemeanor offense when charged
with both a misdemeanor offense and a felony offense [offenses]; or
(C) a misdemeanor offense;
(14) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant under Article 18.02(10),
Code of Criminal Procedure; and
(15) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.