Texas 2011 - 82nd Regular

Texas House Bill HB994 Compare Versions

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Old	New	Differences
1	1	By: Castro (Senate Sponsor - Zaffirini) H.B. No. 994
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Criminal Justice; April 26, 2011, rerefered to Committee on
5	5	Jurisprudence; May 5, 2011, reported favorably by the following
6	6	vote: Yeas 6, Nays 1; May 5, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to proceedings that may be referred to and the powers of a
12	12	criminal law magistrate in Bexar County.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 54.906(a), Government Code, is amended
15	15	to read as follows:
16	16	(a) A judge may refer to a magistrate any criminal case for
17	17	proceedings involving:
18	18	(1) a bond forfeiture;
19	19	(2) a pretrial motion;
20	20	(3) a postconviction writ of habeas corpus;
21	21	(4) an examining trial;
22	22	(5) the issuance of search warrants, including a
23	23	search warrant under Article 18.02(10), Code of Criminal Procedure,
24	24	notwithstanding Article 18.01(c), Code of Criminal Procedure;
25	25	(6) the setting of bonds;
26	26	(7) the arraignment of defendants; and
27	27	(8) any other matter the judge considers necessary and
28	28	proper, including a [negotiated] plea of guilty or nolo contendere
29	29	from a defendant charged with:
30	30	(A) a felony offense;
31	31	(B) a misdemeanor offense when charged with both
32	32	a misdemeanor offense and a felony offense; or
33	33	(C) a misdemeanor offense [before the court].
34	34	SECTION 2. Section 54.908(a), Government Code, is amended
35	35	to read as follows:
36	36	(a) Except as limited by an order of referral, a magistrate
37	37	to whom a case is referred may:
38	38	(1) conduct hearings;
39	39	(2) hear evidence;
40	40	(3) compel production of relevant evidence;
41	41	(4) rule on admissibility of evidence;
42	42	(5) issue summons for the appearance of witnesses;
43	43	(6) examine witnesses;
44	44	(7) swear witnesses for hearings;
45	45	(8) make findings of fact on evidence;
46	46	(9) formulate conclusions of law;
47	47	(10) rule on a pretrial motion;
48	48	(11) recommend the rulings, orders, or judgment to be
49	49	made in a case;
50	50	(12) regulate proceedings in a hearing;
51	51	(13) accept a plea of guilty or nolo contendere [for a
52	52	misdemeanor] from a defendant charged with:
53	53	(A) a felony offense;
54	54	(B) a [both] misdemeanor offense when charged
55	55	with both a misdemeanor offense and a felony offense [offenses]; or
56	56	(C) a misdemeanor offense;
57	57	(14) notwithstanding Article 18.01(c), Code of
58	58	Criminal Procedure, issue a search warrant under Article 18.02(10),
59	59	Code of Criminal Procedure; and
60	60	(15) do any act and take any measure necessary and
61	61	proper for the efficient performance of the duties required by the
62	62	order of referral.
63	63	SECTION 3. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2011.
68	68	* * * * *