Texas 2011 - 82nd Regular

Texas Senate Bill SB483 Compare Versions

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1	1	By: Harris S.B. No. 483
2	2	(Smith of Tarrant)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of criminal law magistrates in
8	8	Tarrant County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.656, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge
13	13	may refer to a magistrate any criminal case for proceedings
14	14	involving:
15	15	(1) a negotiated plea of guilty before the court;
16	16	(2) a bond forfeiture;
17	17	(3) a pretrial motion;
18	18	(4) a postconviction writ of habeas corpus;
19	19	(5) an examining trial;
20	20	(6) an occupational driver's license; [and]
21	21	(7) an agreed order of expunction under Chapter 55,
22	22	Code of Criminal Procedure;
23	23	(8) an asset forfeiture hearing as provided by Chapter
24	24	59, Code of Criminal Procedure;
25	25	(9) an agreed order of nondisclosure provided by
26	26	Section 411.081;
27	27	(10) a hearing on a motion to revoke probation; and
28	28	(11) any other matter the judge considers necessary
29	29	and proper.
30	30	(b) A judge may refer to a magistrate a civil case arising
31	31	out of Chapter 59, Code of Criminal Procedure, for any purpose
32	32	authorized by that chapter, including issuing orders, accepting
33	33	agreed judgments, enforcing judgments, and presiding over a case on
34	34	the merits if a party has not requested a jury trial.
35	35	(c) A magistrate may accept a plea of guilty from a
36	36	defendant charged with misdemeanor, felony, or both misdemeanor and
37	37	felony offenses.
38	38	(d) [(c)] A magistrate may select a jury. A magistrate may
39	39	not preside over a criminal trial on the merits, whether or not the
40	40	trial is before a jury.
41	41	(e) A magistrate may not hear a jury trial on the merits of a
42	42	bond forfeiture.
43	43	SECTION 2. Section 54.658, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 54.658. POWERS. [(a)] Except as limited by an order
46	46	of referral, a magistrate to whom a case is referred may:
47	47	(1) conduct hearings;
48	48	(2) hear evidence;
49	49	(3) compel production of relevant evidence;
50	50	(4) rule on admissibility of evidence;
51	51	(5) issue summons for the appearance of witnesses;
52	52	(6) examine witnesses;
53	53	(7) swear witnesses for hearings;
54	54	(8) make findings of fact on evidence;
55	55	(9) formulate conclusions of law;
56	56	(10) rule on a pretrial motion;
57	57	(11) recommend the rulings, orders, or judgment to be
58	58	made in a case;
59	59	(12) regulate proceedings in a hearing;
60	60	(13) accept a plea of guilty from a defendant charged
61	61	with misdemeanor, felony, or both misdemeanor and felony offenses;
62	62	(14) select a jury; [and]
63	63	(15) accept a negotiated plea on a probation
64	64	revocation;
65	65	(16) conduct a contested probation revocation
66	66	hearing;
67	67	(17) sign a dismissal in a misdemeanor case; and
68	68	(18) do any act and take any measure necessary and
69	69	proper for the efficient performance of the duties required by the
70	70	order of referral.
71	71	[(b) A magistrate may not enter a ruling on any issue of law
72	72	or fact if that ruling could result in dismissal or require
73	73	dismissal of a pending criminal prosecution, but the magistrate may
74	74	make findings, conclusions, and recommendations on those issues.]
75	75	SECTION 3. Subsection (c), Article 18.01, Code of Criminal
76	76	Procedure, is amended to read as follows:
77	77	(c) A search warrant may not be issued under Article
78	78	18.02(10) unless the sworn affidavit required by Subsection (b)
79	79	sets forth sufficient facts to establish probable cause: (1) that a
80	80	specific offense has been committed, (2) that the specifically
81	81	described property or items that are to be searched for or seized
82	82	constitute evidence of that offense or evidence that a particular
83	83	person committed that offense, and (3) that the property or items
84	84	constituting evidence to be searched for or seized are located at or
85	85	on the particular person, place, or thing to be searched. Except as
86	86	provided by Subsections (d), (i), and (j), only a judge of a
87	87	municipal court of record or a county court who is an attorney
88	88	licensed by the State of Texas, a statutory county court judge, a
89	89	district court judge, a judge of the Court of Criminal Appeals,
90	90	including the presiding judge, [or] a justice of the Supreme Court
91	91	of Texas, including the chief justice, or a magistrate with
92	92	jurisdiction over criminal cases serving a district court may issue
93	93	warrants under Article 18.02(10).
94	94	SECTION 4. This Act takes effect September 1, 2011.