Texas 2017 - 85th Regular

Texas Senate Bill SB823 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Burton, Birdwell, Nelson S.B. No. 823
2		-	(In the Senate - Filed February 10, 2017; February 27, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	March 29, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 0; March 29, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 823 By: Creighton
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the powers and compensation of criminal law magistrates
14	7		in Tarrant County.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 54.653, Government Code, is amended to
17	10		read as follows:
18	11		Sec. 54.653. COMPENSATION. (a) A full-time magistrate is
19	12		entitled to the salary determined by the Commissioners Court of
20	13		Tarrant County.
21	14		(b) The salary of a full-time magistrate may not exceed 90
22	15		percent of the sum of:
23	16		(1) [be less than] the salary [authorized to be] paid
24	17		to a district judge by the state under Section 659.012; and
25	18		(2) the maximum amount of county contributions and
26	19		supplements allowed by law to be paid to a district judge under
27	20		Section 659.012 [master for family law cases appointed under
28	21		Subchapter A].
29	22		(c) The salary of a part-time magistrate is equal to the
30	23		per-hour salary of a full-time magistrate. The per-hour salary is
31	24		determined by dividing the annual salary by a 2,080 work-hour year.
32	25		The judges of the courts trying criminal cases in Tarrant County
33	26		shall approve the number of hours for which a part-time magistrate
34	27		is to be paid.
35	28		(d) A [The] magistrate's salary is paid from the county fund
36	29		available for payment of officers' salaries.
37	30		SECTION 2. Section 54.656(a), Government Code, is amended
38	31		to read as follows:
39	32		(a) A judge may refer to a magistrate any criminal case or
40	33		matter relating to a criminal case for proceedings involving:
41	34		(1) a negotiated plea of guilty or no contest and
42	35		sentencing before the court;
43	36		(2) a bond forfeiture, remittitur, and related
44	37		proceedings;
45	38		(3) a pretrial motion;
46	39		(4) a [postconviction] writ of habeas corpus;
47	40		(5) an examining trial;
48	41		(6) an occupational driver's license;
49	42		(7) a petition for an [agreed] order of expunction
50	43		under Chapter 55, Code of Criminal Procedure;
51	44		(8) an asset forfeiture hearing as provided by Chapter
52	45		59, Code of Criminal Procedure;
53	46		(9) a petition for an [agreed] order of nondisclosure
54	47		of criminal history record information or an order of nondisclosure
55	48		of criminal history record information that does not require a
56	49		petition provided by Subchapter E-1, Chapter 411;
57	50		(10) a [hearing on a] motion to modify or revoke
58	51		community supervision or to proceed with an adjudication of guilt
59	52		[probation]; [and]
60	53		(11) setting conditions, modifying, revoking, and
61	54		surrendering of bonds, including surety bonds;
62	55		(12) specialty court proceedings;
63	56		(13) a waiver of extradition; and
64	57		(14) any other matter the judge considers necessary
65	58		and proper.
66	59		SECTION 3. Section 54.658, Government Code, is amended to
67	60		read as follows:
68	61		Sec. 54.658. POWERS. (a) Except as limited by an order of
69	62		referral, a magistrate to whom a case is referred may:
70	63		(1) conduct hearings;
71	64		(2) hear evidence;
72	65		(3) compel production of relevant evidence;
73	66		(4) rule on admissibility of evidence;
74	67		(5) issue summons for the appearance of witnesses;
75	68		(6) examine witnesses;
76	69		(7) swear witnesses for hearings;
77	70		(8) make findings of fact on evidence;
78	71		(9) formulate conclusions of law;
79	72		(10) rule on a pretrial motion;
80	73		(11) recommend the rulings, orders, or judgment to be
81	74		made in a case;
82	75		(12) regulate proceedings in a hearing;
83	76		(13) accept a plea of guilty from a defendant charged
84	77		with misdemeanor, felony, or both misdemeanor and felony offenses;
85	78		(14) select a jury;
86	79		(15) accept a negotiated plea on a probation
87	80		revocation;
88	81		(16) conduct a contested probation revocation
89	82		hearing;
90	83		(17) sign a dismissal in a misdemeanor case; [and]
91	84		(18) in any case referred under Section 54.656(a)(1),
92	85		accept a negotiated plea of guilty or no contest and:
93	86		(A) enter a finding of guilt and impose or
94	87		suspend the sentence; or
95	88		(B) defer adjudication of guilt; and
96	89		(19) do any act and take any measure necessary and
97	90		proper for the efficient performance of the duties required by the
98	91		order of referral.
99	92		(b) A magistrate may sign a motion to dismiss submitted by
100	93		an attorney representing the state on cases referred to the
101	94		magistrate, or on dockets called by the magistrate, and may
102	95		consider unadjudicated cases at sentencing under Section 12.45,
103	96		Penal Code.
104	97		(c) A magistrate has all of the powers of a magistrate under
105	98		the laws of this state and may administer an oath for any purpose.
106	99		(d) A magistrate does not have authority under Article
107	100		18.01(c), Code of Criminal Procedure, to issue a subsequent search
108	101		warrant under Article 18.02(a)(10), Code of Criminal Procedure.
109	102		SECTION 4. The changes in law made by Sections 2 and 3 of
110	103		this Act apply to a matter or case referred to a magistrate on or
111	104		after the effective date of this Act. A matter or case referred to a
112	105		magistrate before the effective date of this Act is governed by the
113	106		law in effect immediately before that date, and that law is
114	107		continued in effect for that purpose.
115	108		SECTION 5. This Act takes effect September 1, 2017.
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