Texas 2015 - 84th Regular

Texas Senate Bill SB1961 Compare Versions

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

Old	New	Differences
1	1	84R13185 LED-D
2	2	By: Hinojosa S.B. No. 1961
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment and duties of criminal magistrates for
8	8	certain courts in Hidalgo County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.09, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
13	13	officers is a magistrate within the meaning of this Code: The
14	14	justices of the Supreme Court, the judges of the Court of Criminal
15	15	Appeals, the justices of the Courts of Appeals, the judges of the
16	16	District Court, the magistrates appointed by the judges of the
17	17	district courts of Bexar County, Dallas County, or Tarrant County
18	18	that give preference to criminal cases, the criminal law hearing
19	19	officers for Harris County appointed under Subchapter L, Chapter
20	20	54, Government Code, the criminal law hearing officers for Cameron
21	21	County appointed under Subchapter BB, Chapter 54, Government Code,
22	22	the magistrates or associate judges appointed by the judges of the
23	23	district courts of Lubbock County, Nolan County, or Webb County,
24	24	the magistrates appointed by the judges of the criminal district
25	25	courts of Dallas County or Tarrant County, the associate judges
26	26	appointed by the judges of the district courts and the county courts
27	27	at law that give preference to criminal cases in Jefferson County,
28	28	the associate judges appointed by the judges of the district courts
29	29	and the statutory county courts of Brazos County, Hidalgo County,
30	30	Nueces County, or Williamson County, the magistrates appointed by
31	31	the judges of the district courts and statutory county courts that
32	32	give preference to criminal cases in Travis County, the criminal
33	33	magistrates appointed by the Brazoria County Commissioners Court,
34	34	the criminal magistrates appointed by the Burnet County
35	35	Commissioners Court, the county judges, the judges of the county
36	36	courts at law, judges of the county criminal courts, the judges of
37	37	statutory probate courts, the associate judges appointed by the
38	38	judges of the statutory probate courts under Chapter 54A,
39	39	Government Code, the associate judges appointed by the judge of a
40	40	district court under Chapter 54A, Government Code, the magistrates
41	41	appointed under Subchapter JJ, Chapter 54, Government Code, as
42	42	added by H.B. No. 2132, Acts of the 82nd Legislature, Regular
43	43	Session, 2011, the justices of the peace, and the mayors and
44	44	recorders and the judges of the municipal courts of incorporated
45	45	cities or towns.
46	46	SECTION 2. Chapter 54, Government Code, is amended by
47	47	adding Subchapter MM to read as follows:
48	48	SUBCHAPTER MM. CRIMINAL LAW MAGISTRATES IN HIDALGO COUNTY
49	49	Sec. 54.2101. APPLICATION. This subchapter applies to the
50	50	district courts and the county courts at law in Hidalgo County.
51	51	Sec. 54.2102. APPOINTMENT; COMPENSATION. (a) The
52	52	Commissioners Court of Hidalgo County shall set the number of
53	53	magistrates needed to perform the duties authorized by this
54	54	subchapter.
55	55	(b) A magistrate shall be paid a salary determined by the
56	56	Commissioners Court of Hidalgo County.
57	57	(c) The judges of the district courts who wish to use the
58	58	services of a magistrate may jointly appoint the magistrates that
59	59	will assist their courts. The judges of the county courts at law
60	60	who wish to use the services of a magistrate may jointly appoint the
61	61	magistrates that will assist their courts. A judge who uses the
62	62	services of a magistrate may determine the extent to which those
63	63	services are used in the judge's court.
64	64	(d) On agreement between the judges of the district courts
65	65	and the judges of the county courts at law who wish to use the
66	66	services of a magistrate, a magistrate may serve in both those
67	67	district courts and those county courts at law. A magistrate
68	68	serving in both the district courts and the county courts at law
69	69	shall spend half the magistrate's time in the district courts and
70	70	half in the county courts at law.
71	71	(e) If the number of magistrates is less than the number of
72	72	the judges who wish to use the services of a magistrate, each
73	73	magistrate shall serve equally in the courts of those judges.
74	74	(f) A magistrate serves a one-year term, unless the
75	75	magistrate is terminated under Section 54.2109.
76	76	(g) A magistrate may be employed on a full-time or part-time
77	77	basis. A court served by the magistrate shall determine the
78	78	magistrate's work schedule.
79	79	Sec. 54.2103. ELIGIBILITY FOR APPOINTMENT. In determining
80	80	whom to appoint as a magistrate under this subchapter, the judges of
81	81	the district courts or the judges of the county courts at law, as
82	82	applicable, shall give priority to a retired or former judge, as
83	83	those terms are defined by Section 74.041. If no retired or former
84	84	judge desires to be appointed, the appointing judges shall consider
85	85	for appointment persons who:
86	86	(1) are licensed to practice law in this state;
87	87	(2) reside in Hidalgo County;
88	88	(3) have at least 10 years of active experience in
89	89	criminal law practice; and
90	90	(4) exhibit judicial temperaments.
91	91	Sec. 54.2104. JUDICIAL IMMUNITY. A magistrate has the same
92	92	judicial immunity as a district judge or judge of a county court at
93	93	law, as applicable.
94	94	Sec. 54.2105. STAFF FOR MAGISTRATE. (a) The clerk of a
95	95	court a magistrate serves shall provide a clerk for the magistrate.
96	96	(b) A sheriff's deputy shall attend a proceeding conducted
97	97	by a magistrate and act as a bailiff.
98	98	Sec. 54.2106. PROCEEDINGS THAT MAY BE REFERRED. A judge who
99	99	appoints a magistrate under Section 54.2102 may refer to the
100	100	magistrate any criminal case for proceedings involving:
101	101	(1) arraignment of defendants;
102	102	(2) a negotiated plea of guilty or no contest;
103	103	(3) sentencing for a negotiated plea of guilty or no
104	104	contest;
105	105	(4) ordering of community service;
106	106	(5) a pretrial motion;
107	107	(6) an examining trial;
108	108	(7) a bond forfeiture suit;
109	109	(8) issuance of capias;
110	110	(9) issuance of arrest and search warrants;
111	111	(10) setting of bonds;
112	112	(11) a motion to increase or decrease a bond;
113	113	(12) a hearing on a protective order;
114	114	(13) a motion to grant, modify, revoke, or extend
115	115	community supervision or to proceed to an adjudication;
116	116	(14) a pretrial diversion;
117	117	(15) civil commitment matters under Subtitle C, Title
118	118	7, Health and Safety Code;
119	119	(16) an agreed recommendation for a presentence
120	120	investigation report for determination of a sentence; and
121	121	(17) any other matter the judge considers necessary
122	122	and proper.
123	123	Sec. 54.2107. POWERS. Except as limited by an order of
124	124	referral, a magistrate to whom a case is referred may:
125	125	(1) conduct hearings;
126	126	(2) hear evidence;
127	127	(3) compel production of relevant evidence;
128	128	(4) rule on admissibility of evidence;
129	129	(5) issue summons for the appearance of witnesses;
130	130	(6) examine witnesses;
131	131	(7) swear witnesses for hearings;
132	132	(8) make findings of fact on evidence;
133	133	(9) formulate conclusions of law;
134	134	(10) rule on pretrial motions;
135	135	(11) recommend the rulings, orders, or judgment to be
136	136	made in a case;
137	137	(12) regulate proceedings in a hearing;
138	138	(13) in any case referred under Section 54.2106:
139	139	(A) accept a negotiated plea of guilty;
140	140	(B) enter a finding of guilt and impose or
141	141	suspend sentence; or
142	142	(C) defer adjudication of guilt; and
143	143	(14) do any act and take any measure necessary and
144	144	proper for the efficient performance of the duties required by the
145	145	order of referral.
146	146	Sec. 54.2108. DISMISSAL. A magistrate appointed under this
147	147	subchapter may not dismiss a case.
148	148	Sec. 54.2109. TERMINATION OF SERVICES. Regardless of
149	149	whether a magistrate serves in both the district courts and the
150	150	county courts at law or whether the magistrate serves in only one of
151	151	those types of courts, the magistrate's service with respect to a
152	152	particular type of court may be terminated only on a majority vote
153	153	of the judges of that type of court who appointed the magistrate
154	154	under Section 54.2102, or their successors.
155	155	Sec. 54.2110. ABSENCE OF MAGISTRATE. (a) If a magistrate
156	156	appointed under this subchapter is absent or unable to serve, the
157	157	local administrative judge of the type of court with respect to
158	158	which the magistrate served may appoint a temporary magistrate to
159	159	serve for the absent magistrate.
160	160	(b) A temporary magistrate serving for another magistrate
161	161	under this section has the powers and shall perform the duties of
162	162	the magistrate for whom the temporary magistrate is serving.
163	163	Sec. 54.2111. RECORD OF PROCEEDINGS. A criminal proceeding
164	164	in a magistrate court shall be recorded by a good quality electronic
165	165	audio or videotape recording device, unless the defendant requests
166	166	that a court reporter be present. The record shall be retained by
167	167	the clerk of the court as required by law.
168	168	Sec. 54.2112. PAPERS TRANSMITTED TO JUDGE. At the
169	169	conclusion of the proceedings, a magistrate shall transmit to the
170	170	referring court as soon as possible any papers relating to the case,
171	171	including the magistrate's findings, conclusions, orders,
172	172	recommendations, or other action taken.
173	173	Sec. 54.2113. JUDICIAL ACTION. (a) The judge of the court
174	174	in which the case is pending may modify, correct, reject, reverse,
175	175	or recommit for further information any action taken by the
176	176	magistrate.
177	177	(b) If the supervising judge or judges do not modify,
178	178	correct, reject, reverse, or recommit an action of the magistrate
179	179	within the time required by law, the action becomes the order,
180	180	judgment, or decree of the court.
181	181	Sec. 54.2114. PRETRIAL DIVERSION. As a condition for a
182	182	defendant to enter any pretrial diversion program or the functional
183	183	equivalent that may be operated in Hidalgo County, a defendant must
184	184	file in the court in which the charges are pending a sworn waiver of
185	185	the defendant's right to a speedy trial under the United States
186	186	Constitution and other law and a motion requesting the court to
187	187	approve the waiver without a hearing. If the court approves the
188	188	waiver, the defendant is eligible for consideration for acceptance
189	189	into a pretrial diversion or equivalent program.
190	190	SECTION 3. This Act takes effect September 1, 2015.