Texas 2015 - 84th Regular

Texas House Bill HB2180 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9180 YDB-D
2	2	By: Faircloth H.B. No. 2180
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of criminal law magistrates for Galveston
8	8	County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 54, Government Code, is amended by
11	11	adding Subchapter LL to read as follows:
12	12	SUBCHAPTER LL. GALVESTON COUNTY CRIMINAL MAGISTRATES
13	13	Sec. 54.2051. APPOINTMENT. (a) The Commissioners Court of
14	14	Galveston County may select magistrates to serve the courts of
15	15	Galveston County having jurisdiction in criminal matters.
16	16	(b) The commissioners court shall establish the minimum
17	17	qualifications, salary, benefits, and other compensation of each
18	18	magistrate position and shall determine whether the position is
19	19	full-time or part-time. The qualifications must require the
20	20	magistrate to have served as a justice of the peace or be an
21	21	attorney licensed in this state.
22	22	(c) A magistrate appointed under this section serves at the
23	23	pleasure of the commissioners court.
24	24	Sec. 54.2052. JURISDICTION. A magistrate has concurrent
25	25	criminal jurisdiction with the judges of the justice of the peace
26	26	courts of Galveston County.
27	27	Sec. 54.2053. POWERS AND DUTIES. (a) The Commissioners
28	28	Court of Galveston County shall establish the powers and duties of a
29	29	magistrate appointed under this subchapter. Except as otherwise
30	30	provided by the commissioners court, a magistrate has the powers of
31	31	a magistrate under the Code of Criminal Procedure and other laws of
32	32	this state and may administer an oath for any purpose.
33	33	(b) A magistrate shall give preference to performing the
34	34	duties of a magistrate under Article 15.17, Code of Criminal
35	35	Procedure.
36	36	(c) The commissioners court may designate one or more
37	37	magistrates to hold regular hearings to:
38	38	(1) give admonishments;
39	39	(2) set and review bail and conditions of release;
40	40	(3) appoint legal counsel; and
41	41	(4) determine other routine matters relating to
42	42	preindictment or pending cases within those courts' jurisdiction.
43	43	(d) In the hearings provided under Subsection (c), a
44	44	magistrate shall give preference to the case of an individual held
45	45	in county jail.
46	46	(e) A magistrate may inquire into a defendant's intended
47	47	plea to the charge and set the case for an appropriate hearing
48	48	before a judge or master.
49	49	Sec. 54.2054. JUDICIAL IMMUNITY. A magistrate has the same
50	50	judicial immunity as a district judge.
51	51	Sec. 54.2055. WITNESSES. (a) A witness who is sworn and
52	52	who appears before a magistrate is subject to the penalties for
53	53	perjury and aggravated perjury provided by law.
54	54	(b) A referring court may fine or imprison a witness or
55	55	other court participant for failure to appear after being summoned,
56	56	refusal to answer questions, or other acts of direct contempt
57	57	before a magistrate.
58	58	SECTION 2. Article 2.09, Code of Criminal Procedure, is
59	59	amended to read as follows:
60	60	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
61	61	officers is a magistrate within the meaning of this Code: The
62	62	justices of the Supreme Court, the judges of the Court of Criminal
63	63	Appeals, the justices of the Courts of Appeals, the judges of the
64	64	District Court, the magistrates appointed by the judges of the
65	65	district courts of Bexar County, Dallas County, or Tarrant County
66	66	that give preference to criminal cases, the criminal law hearing
67	67	officers for Harris County appointed under Subchapter L, Chapter
68	68	54, Government Code, the criminal law hearing officers for Cameron
69	69	County appointed under Subchapter BB, Chapter 54, Government Code,
70	70	the magistrates or associate judges appointed by the judges of the
71	71	district courts of Lubbock County, Nolan County, or Webb County,
72	72	the magistrates appointed by the judges of the criminal district
73	73	courts of Dallas County or Tarrant County, the associate judges
74	74	appointed by the judges of the district courts and the county courts
75	75	at law that give preference to criminal cases in Jefferson County,
76	76	the associate judges appointed by the judges of the district courts
77	77	and the statutory county courts of Brazos County, Nueces County, or
78	78	Williamson County, the magistrates appointed by the judges of the
79	79	district courts and statutory county courts that give preference to
80	80	criminal cases in Travis County, the criminal magistrates appointed
81	81	by the Brazoria County Commissioners Court, the criminal
82	82	magistrates appointed by the Burnet County Commissioners Court, the
83	83	criminal magistrates appointed by the Galveston County
84	84	Commissioners Court, the county judges, the judges of the county
85	85	courts at law, judges of the county criminal courts, the judges of
86	86	statutory probate courts, the associate judges appointed by the
87	87	judges of the statutory probate courts under Chapter 54A,
88	88	Government Code, the associate judges appointed by the judge of a
89	89	district court under Chapter 54A, Government Code, the magistrates
90	90	appointed under Subchapter JJ, Chapter 54, Government Code, as
91	91	added by H.B. No. 2132, Acts of the 82nd Legislature, Regular
92	92	Session, 2011, the justices of the peace, and the mayors and
93	93	recorders and the judges of the municipal courts of incorporated
94	94	cities or towns.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2015.