Texas 2015 - 84th Regular

Texas House Bill HB1774 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio III (Senate Sponsor - Lucio) H.B. No. 1774
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 6, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 22, 2015, reported favorably by the following vote:
5		-	Yeas 6, Nays 1; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1774
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the jurisdiction and powers of and the referral of
12	6		certain proceedings to a criminal law hearing officer in Cameron
13	7		County.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 54.1356(a), Government Code, is amended
16	10		to read as follows:
17	11		(a) A criminal law hearing officer appointed under this
18	12		subchapter has limited concurrent jurisdiction over criminal cases
19	13		filed in the district courts, statutory county courts, and justice
20	14		courts of the county. The jurisdiction of the criminal law hearing
21	15		officer is limited to:
22	16		(1) determining probable cause for further detention
23	17		of any person detained on a criminal complaint, information, or
24	18		indictment filed in the district courts, statutory county courts,
25	19		or justice courts of the county;
26	20		(2) committing the defendant to jail, discharging the
27	21		defendant from custody, or admitting the defendant to bail, as the
28	22		law and facts of the case require;
29	23		(3) issuing search warrants and arrest warrants as
30	24		provided by law for magistrates;
31	25		(4) as to criminal cases filed in justice courts,
32	26		disposing of cases as provided by law, other than by trial, and
33	27		collecting fines and enforcing judgments and orders of the justice
34	28		courts in criminal cases;
35	29		(5) hearing, considering, and ruling on writs of
36	30		habeas corpus filed under Article 17.151, Code of Criminal
37	31		Procedure; [and]
38	32		(6) on motion of the district attorney:
39	33		(A) dismissing a criminal case when the arresting
40	34		agency has not timely filed the offense report with the district
41	35		attorney; and
42	36		(B) reducing the amount of bond on prisoners held
43	37		at the county jail whose cases have not been filed in a district
44	38		court or a statutory county court; and
45	39		(7) presiding over an extradition proceeding under
46	40		Article 51.13, Code of Criminal Procedure.
47	41		SECTION 2. Section 54.1358, Government Code, is amended by
48	42		adding Subsections (f) and (g) to read as follows:
49	43		(f) In accordance with Article 26.13, Code of Criminal
50	44		Procedure, a criminal law hearing officer may accept a plea of
51	45		guilty or nolo contendere.
52	46		(g) A criminal law hearing officer may determine whether a
53	47		defendant is indigent and appoint counsel for an indigent
54	48		defendant.
55	49		SECTION 3. Subchapter BB, Chapter 54, Government Code, is
56	50		amended by adding Section 54.1362 to read as follows:
57	51		Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district
58	52		judge or a county court at law judge may refer to a criminal law
59	53		hearing officer any criminal case for proceedings involving:
60	54		(1) a bond forfeiture;
61	55		(2) the arraignment of defendants;
62	56		(3) the determination of whether a defendant is
63	57		indigent and the appointment of counsel for an indigent defendant;
64	58		and
65	59		(4) a negotiated plea of guilty or nolo contendere
66	60		before the court, in accordance with Article 26.13, Code of
67	61		Criminal Procedure.
68	62		SECTION 4. This Act takes effect September 1, 2015.
69		-	* * * * *
	63	+	______________________________ ______________________________
	64	+	President of the Senate Speaker of the House
	65	+	I certify that H.B. No. 1774 was passed by the House on May 5,
	66	+	2015, by the following vote: Yeas 144, Nays 1, 2 present, not
	67	+	voting.
	68	+	______________________________
	69	+	Chief Clerk of the House
	70	+	I certify that H.B. No. 1774 was passed by the Senate on May
	71	+	25, 2015, by the following vote: Yeas 28, Nays 3.
	72	+	______________________________
	73	+	Secretary of the Senate
	74	+	APPROVED: _____________________
	75	+	Date
	76	+	_____________________
	77	+	Governor