84R13185 LED-D
By: Hinojosa S.B. No. 1961
A BILL TO BE ENTITLED
AN ACT
relating to the appointment and duties of criminal magistrates for
certain courts in Hidalgo County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates or associate judges appointed by the judges of the
district courts of Lubbock County, Nolan County, or Webb County,
the magistrates appointed by the judges of the criminal district
courts of Dallas County or Tarrant County, the associate judges
appointed by the judges of the district courts and the county courts
at law that give preference to criminal cases in Jefferson County,
the associate judges appointed by the judges of the district courts
and the statutory county courts of Brazos County, Hidalgo County,
Nueces County, or Williamson County, the magistrates appointed by
the judges of the district courts and statutory county courts that
give preference to criminal cases in Travis County, the criminal
magistrates appointed by the Brazoria County Commissioners Court,
the criminal magistrates appointed by the Burnet County
Commissioners Court, the county judges, the judges of the county
courts at law, judges of the county criminal courts, the judges of
statutory probate courts, the associate judges appointed by the
judges of the statutory probate courts under Chapter 54A,
Government Code, the associate judges appointed by the judge of a
district court under Chapter 54A, Government Code, the magistrates
appointed under Subchapter JJ, Chapter 54, Government Code, as
added by H.B. No. 2132, Acts of the 82nd Legislature, Regular
Session, 2011, the justices of the peace, and the mayors and
recorders and the judges of the municipal courts of incorporated
cities or towns.
SECTION 2. Chapter 54, Government Code, is amended by
adding Subchapter MM to read as follows:
SUBCHAPTER MM. CRIMINAL LAW MAGISTRATES IN HIDALGO COUNTY
Sec. 54.2101. APPLICATION. This subchapter applies to the
district courts and the county courts at law in Hidalgo County.
Sec. 54.2102. APPOINTMENT; COMPENSATION. (a) The
Commissioners Court of Hidalgo County shall set the number of
magistrates needed to perform the duties authorized by this
subchapter.
(b) A magistrate shall be paid a salary determined by the
Commissioners Court of Hidalgo County.
(c) The judges of the district courts who wish to use the
services of a magistrate may jointly appoint the magistrates that
will assist their courts. The judges of the county courts at law
who wish to use the services of a magistrate may jointly appoint the
magistrates that will assist their courts. A judge who uses the
services of a magistrate may determine the extent to which those
services are used in the judge's court.
(d) On agreement between the judges of the district courts
and the judges of the county courts at law who wish to use the
services of a magistrate, a magistrate may serve in both those
district courts and those county courts at law. A magistrate
serving in both the district courts and the county courts at law
shall spend half the magistrate's time in the district courts and
half in the county courts at law.
(e) If the number of magistrates is less than the number of
the judges who wish to use the services of a magistrate, each
magistrate shall serve equally in the courts of those judges.
(f) A magistrate serves a one-year term, unless the
magistrate is terminated under Section 54.2109.
(g) A magistrate may be employed on a full-time or part-time
basis. A court served by the magistrate shall determine the
magistrate's work schedule.
Sec. 54.2103. ELIGIBILITY FOR APPOINTMENT. In determining
whom to appoint as a magistrate under this subchapter, the judges of
the district courts or the judges of the county courts at law, as
applicable, shall give priority to a retired or former judge, as
those terms are defined by Section 74.041. If no retired or former
judge desires to be appointed, the appointing judges shall consider
for appointment persons who:
(1) are licensed to practice law in this state;
(2) reside in Hidalgo County;
(3) have at least 10 years of active experience in
criminal law practice; and
(4) exhibit judicial temperaments.
Sec. 54.2104. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge or judge of a county court at
law, as applicable.
Sec. 54.2105. STAFF FOR MAGISTRATE. (a) The clerk of a
court a magistrate serves shall provide a clerk for the magistrate.
(b) A sheriff's deputy shall attend a proceeding conducted
by a magistrate and act as a bailiff.
Sec. 54.2106. PROCEEDINGS THAT MAY BE REFERRED. A judge who
appoints a magistrate under Section 54.2102 may refer to the
magistrate any criminal case for proceedings involving:
(1) arraignment of defendants;
(2) a negotiated plea of guilty or no contest;
(3) sentencing for a negotiated plea of guilty or no
contest;
(4) ordering of community service;
(5) a pretrial motion;
(6) an examining trial;
(7) a bond forfeiture suit;
(8) issuance of capias;
(9) issuance of arrest and search warrants;
(10) setting of bonds;
(11) a motion to increase or decrease a bond;
(12) a hearing on a protective order;
(13) a motion to grant, modify, revoke, or extend
community supervision or to proceed to an adjudication;
(14) a pretrial diversion;
(15) civil commitment matters under Subtitle C, Title
7, Health and Safety Code;
(16) an agreed recommendation for a presentence
investigation report for determination of a sentence; and
(17) any other matter the judge considers necessary
and proper.
Sec. 54.2107. POWERS. Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) in any case referred under Section 54.2106:
(A) accept a negotiated plea of guilty;
(B) enter a finding of guilt and impose or
suspend sentence; or
(C) defer adjudication of guilt; and
(14) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
Sec. 54.2108. DISMISSAL. A magistrate appointed under this
subchapter may not dismiss a case.
Sec. 54.2109. TERMINATION OF SERVICES. Regardless of
whether a magistrate serves in both the district courts and the
county courts at law or whether the magistrate serves in only one of
those types of courts, the magistrate's service with respect to a
particular type of court may be terminated only on a majority vote
of the judges of that type of court who appointed the magistrate
under Section 54.2102, or their successors.
Sec. 54.2110. ABSENCE OF MAGISTRATE. (a) If a magistrate
appointed under this subchapter is absent or unable to serve, the
local administrative judge of the type of court with respect to
which the magistrate served may appoint a temporary magistrate to
serve for the absent magistrate.
(b) A temporary magistrate serving for another magistrate
under this section has the powers and shall perform the duties of
the magistrate for whom the temporary magistrate is serving.
Sec. 54.2111. RECORD OF PROCEEDINGS. A criminal proceeding
in a magistrate court shall be recorded by a good quality electronic
audio or videotape recording device, unless the defendant requests
that a court reporter be present. The record shall be retained by
the clerk of the court as required by law.
Sec. 54.2112. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, a magistrate shall transmit to the
referring court as soon as possible any papers relating to the case,
including the magistrate's findings, conclusions, orders,
recommendations, or other action taken.
Sec. 54.2113. JUDICIAL ACTION. (a) The judge of the court
in which the case is pending may modify, correct, reject, reverse,
or recommit for further information any action taken by the
magistrate.
(b) If the supervising judge or judges do not modify,
correct, reject, reverse, or recommit an action of the magistrate
within the time required by law, the action becomes the order,
judgment, or decree of the court.
Sec. 54.2114. PRETRIAL DIVERSION. As a condition for a
defendant to enter any pretrial diversion program or the functional
equivalent that may be operated in Hidalgo County, a defendant must
file in the court in which the charges are pending a sworn waiver of
the defendant's right to a speedy trial under the United States
Constitution and other law and a motion requesting the court to
approve the waiver without a hearing. If the court approves the
waiver, the defendant is eligible for consideration for acceptance
into a pretrial diversion or equivalent program.
SECTION 3. This Act takes effect September 1, 2015.