By: Lucio III (Senate Sponsor - Lucio) H.B. No. 1774
(In the Senate - Received from the House May 6, 2015;
May 6, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported favorably by the following vote:
Yeas 6, Nays 1; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction and powers of and the referral of
certain proceedings to a criminal law hearing officer in Cameron
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.1356(a), Government Code, is amended
to read as follows:
(a) A criminal law hearing officer appointed under this
subchapter has limited concurrent jurisdiction over criminal cases
filed in the district courts, statutory county courts, and justice
courts of the county. The jurisdiction of the criminal law hearing
officer is limited to:
(1) determining probable cause for further detention
of any person detained on a criminal complaint, information, or
indictment filed in the district courts, statutory county courts,
or justice courts of the county;
(2) committing the defendant to jail, discharging the
defendant from custody, or admitting the defendant to bail, as the
law and facts of the case require;
(3) issuing search warrants and arrest warrants as
provided by law for magistrates;
(4) as to criminal cases filed in justice courts,
disposing of cases as provided by law, other than by trial, and
collecting fines and enforcing judgments and orders of the justice
courts in criminal cases;
(5) hearing, considering, and ruling on writs of
habeas corpus filed under Article 17.151, Code of Criminal
Procedure; [and]
(6) on motion of the district attorney:
(A) dismissing a criminal case when the arresting
agency has not timely filed the offense report with the district
attorney; and
(B) reducing the amount of bond on prisoners held
at the county jail whose cases have not been filed in a district
court or a statutory county court; and
(7) presiding over an extradition proceeding under
Article 51.13, Code of Criminal Procedure.
SECTION 2. Section 54.1358, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) In accordance with Article 26.13, Code of Criminal
Procedure, a criminal law hearing officer may accept a plea of
guilty or nolo contendere.
(g) A criminal law hearing officer may determine whether a
defendant is indigent and appoint counsel for an indigent
defendant.
SECTION 3. Subchapter BB, Chapter 54, Government Code, is
amended by adding Section 54.1362 to read as follows:
Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district
judge or a county court at law judge may refer to a criminal law
hearing officer any criminal case for proceedings involving:
(1) a bond forfeiture;
(2) the arraignment of defendants;
(3) the determination of whether a defendant is
indigent and the appointment of counsel for an indigent defendant;
and
(4) a negotiated plea of guilty or nolo contendere
before the court, in accordance with Article 26.13, Code of
Criminal Procedure.
SECTION 4. This Act takes effect September 1, 2015.
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