| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of a judge or magistrate to preside over |
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| 8 | 8 | | a regional specialty court program and the authority of that judge |
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| 9 | 9 | | or magistrate in cases referred to the program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 121, Government Code, is amended by |
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| 12 | 12 | | adding Sections 121.003 and 121.004 to read as follows: |
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| 13 | 13 | | Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE |
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| 14 | 14 | | FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a |
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| 15 | 15 | | district court or statutory county court who is authorized by law to |
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| 16 | 16 | | hear criminal cases may be appointed to preside over a regional |
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| 17 | 17 | | specialty court program recognized under this subtitle only if: |
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| 18 | 18 | | (1) the local administrative district and statutory |
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| 19 | 19 | | county court judges of each county participating in the program |
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| 20 | 20 | | approve the appointment by majority vote or another approval method |
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| 21 | 21 | | selected by the judges; and |
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| 22 | 22 | | (2) the presiding judges of each of the administrative |
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| 23 | 23 | | judicial regions in which the participating counties are located |
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| 24 | 24 | | sign an order granting the appointment. |
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| 25 | 25 | | Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR |
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| 26 | 26 | | MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or |
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| 27 | 27 | | magistrate appointed to preside over a regional specialty court |
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| 28 | 28 | | program may hear any misdemeanor or felony case properly |
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| 29 | 29 | | transferred to the program by an originating trial court |
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| 30 | 30 | | participating in the program, regardless of whether the originating |
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| 31 | 31 | | trial court and specialty court program are in the same county. The |
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| 32 | 32 | | appointed judge or magistrate may exercise only the authority |
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| 33 | 33 | | granted under this subtitle. |
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| 34 | 34 | | (b) The judge or magistrate of a regional specialty court |
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| 35 | 35 | | program may for a case properly transferred to the program: |
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| 36 | 36 | | (1) enter orders, judgments, and decrees for the case; |
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| 37 | 37 | | (2) sign orders of detention, order community service, |
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| 38 | 38 | | or impose other reasonable and necessary sanctions; |
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| 39 | 39 | | (3) send recommendations for dismissal and expunction |
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| 40 | 40 | | to the originating trial court for a defendant who successfully |
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| 41 | 41 | | completes the program; and |
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| 42 | 42 | | (4) return the case and documentation required by this |
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| 43 | 43 | | subtitle to the originating trial court for final disposition on a |
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| 44 | 44 | | defendant's successful completion of or removal from the program. |
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| 45 | 45 | | (c) A visiting judge assigned to preside over a regional |
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| 46 | 46 | | specialty court program has the same authority as the judge or |
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| 47 | 47 | | magistrate appointed to preside over the program. |
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| 48 | 48 | | SECTION 2. (a) Section 121.003, Government Code, as added |
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| 49 | 49 | | by this Act, applies only to the appointment of a judge or |
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| 50 | 50 | | magistrate to preside over a regional specialty court program that |
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| 51 | 51 | | occurs on or after the effective date of this Act. |
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| 52 | 52 | | (b) Section 121.004, Government Code, as added by this Act, |
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| 53 | 53 | | applies to a case pending in a regional specialty court program on |
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| 54 | 54 | | or after the effective date of this Act. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2021. |
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