By: Hayes H.B. No. 4703
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice in and
grants provided by courts in the judicial branch of state
government.
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, 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
magistrates appointed by the Denton Council of Judges, 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, the magistrates appointed by the
Collin County Commissioners Court, the magistrates appointed by the
Fort Bend County Commissioners Court, the associate district and
county criminal court judges and designated magistrates appointed
by the district and county criminal court judges of Denton County;
the justices of the peace, and the mayors and recorders and the
judges of the municipal courts of incorporated cities or towns.
SECTION 2. Article 4.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, Tarrant County, or
Travis County that give preference to criminal cases and the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal
jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts;
11. The magistrates appointed by the judges of the
district courts of Lubbock County;
12. The magistrates appointed by the Denton Council of
Judges;
13. The magistrates appointed by the Collin County
Commissioners Court;
14. The magistrates appointed by the Brazoria County
Commissioners Court or the local administrative judge for Brazoria
County; and
15. The magistrates appointed by the judges of the
district courts of Denton County; and,
16. The associate district and county criminal judge,
jail magistrate, and designated county magistrates appointed by the
District and County Criminal Courts of Denton County.
SECTION 3. Chapter 54, Government Code, is amended by
adding Subchapter RR to read as follows:
SUBCHAPTER RR. DENTON COUNTY CRIMINAL LAW MAGISTRATE COURT
Sec. 54.2701. CREATION. The Denton County Criminal Law
Magistrate Court is a court with the jurisdiction provided by this
subchapter.
Sec. 54.2702. CRIMINAL LAW MAGISTRATE COURT. (a) The
Denton County criminal law magistrate court is composed of the
district judges, county criminal court judges, associate district
and county criminal judges, the county court at law judge with
juvenile jurisdiction, appointed jail magistrates, and any
municipal judges of municipal courts of record within Denton County
or justice of the peace judges:
(1) that have been specifically identified and
designated by joint standing order of the district and county
criminal court judges of Denton County;
(2) who are an attorney in good standing with the State
Bar of Texas, and,
(3) which have attended all necessary training and
received any certification required to access criminal history
information or serve as a magistrate.
(b) The district court judges and county criminal court
judges of Denton County shall supervise the criminal law magistrate
court and ensure that the magistrate court gives preference to
magistrate duties, as set forth under Chapters 14, 15 16, 17 and 18
of the Texas Code of Criminal Procedure.
(c) An associate district and county criminal court judge
designated by the district and county criminal judges shall preside
over the Denton County magistrate criminal law court.
(d) All judges or magistrates performing duties for the
Denton County criminal law magistrate court shall comply with any
standing orders or directives issued by the district or county
criminal court judges, or by the presiding associate criminal judge
as those orders apply to criminal defendants or offenses that have
not been filed by indictment or information in a district or county
criminal court of Denton County.
Sec. 54.2703. JURISDICITON OF CRIMINAL LAW MAGISTRATE
COURT. (a) Except as provided by Subsection (b), the criminal law
magistrate court has the criminal jurisdiction provided by the
constitution and laws of the state, and has the authority to perform
all duties of a magistrate, including, but not limited to
determinations of probable cause, issuing orders of commitment,
warrants of arrest, performing all magisterial duties required
under Chapters 14, 15, 16, 17 and 18 of the Texas Code of Criminal
Procedure, and may modify, reduce or hold bond to be insufficient or
take any action as to any criminal offense alleged to have occurred
in Denton County, and which remains "pending" as defined under
Subsection(b) of this section.
(b) "Pending" for the purpose of magisterial processes,
means any class "B" or class "A" misdemeanor, or any felony criminal
offense alleged to have been committed in Denton County for which:
(1) probable cause has been found by any magistrate or
judge for Denton County or any other county;
(2) the defendant has either been released on bail and
is no longer in custody, or if still in custody, has been delivered
or transferred into the custody of the Denton County Sheriff or his
Deputies; and,
(3) the criminal offense or charge for which the
defendant was arrested has not been filed by formal indictment in a
district court or by information in a county criminal court, or
otherwise been disposed by dismissal, judgement, conviction or
acquittal.
(c) The criminal law magistrate court does not have
jurisdiction to modify, reduce or hold bond to be insufficient or
take any action in a criminal offense or matter filed by indictment
in a Denton County District Court or by information or complaint in
a County Criminal Court of Denton County, without express referral
by the judge of the court in which the matter has been filed.
Sec. 54.2704. ASSIGNMENT OF MAGISTERIAL AUTHORITY. (a)
The Denton County criminal law magistrate court shall have the
authority to consider all motions and take any action necessary in
any criminal matter that is pending as defined in Sec. 54.2703(b) of
this chapter.
(b) With the consent of the judge or magistrate before whom
the defendant first appeared after arrest, continuing magisterial
authority related to a defendant or the offense for which they have
been arrested or charged shall be conferred, assigned and
transferred to a district or county judge, or a magistrate of the
criminal law magistrate court upon the:
(1) filing of a true bill of indictment by a Denton
County grand jury in a felony offense, or information by the
district attorney in a misdemeanor offense;
(2) physical transfer and delivery of a defendant into
the custody of the Denton County Sheriff, his deputies, or the
surrender of the defendant to the Denton County Jail; or,
(3) filing of a bail bond, other instrument, or cash
tendered to secure the defendant's release from custody with the
Denton County Sheriff, or his designee.
(c) Upon the occurrence of one of the events listed in
(c)(1), (c)(2) or (c)(3) of this subsection, a judge or magistrate
of the criminal law magistrate court may set bail, issue orders of
protection, issue conditions of bond, or modify, reduce, increase,
hold bond insufficient, or consider any motion or request related
to the disposition of a defendant's case prior to filing by
indictment in a district court or information or complaint in a
district or county criminal court.
Sec. 54.2705. APPOINTMENT OF ASSOCIATE JUDGE. (a) The
judges of the district and county criminal courts of Denton County,
with the consent and approval of the Commissioner's Court of Denton
County, may jointly appoint an associate district and county
criminal court judge, as necessary to perform the duties authorized
by this subchapter.
(b) Appointment of the associate district and county
criminal court judge must be made with the approval of at least
two-thirds of all the judges described in Subsection (a).
(c) The associate district and county criminal court judge
will serve all district and county criminal courts of Denton
County.
(d) The associate district and county criminal court judge
shall preside over the criminal law magistrate court.
(e) The associate district and county criminal court judge
may be referred to as the "associate criminal judge."
Sec. 54.2706. APPOINTMENT OF FULL-TIME JAIL MAGISTRATE.
(a) The judges of the district and county criminal courts of Denton
County, with the consent and approval of the commissioners court of
Denton County, may appoint and designate by joint standing order,
one or more full-time criminal "jail magistrates."
(b) A jail magistrate shall conduct magistrate duties as
required by the Texas Constitution, Texas Code of Criminal
procedure and relevant laws related to defendants in the custody of
the Denton County Sheriff and which have not been filed by
indictment in a district court or by information in a county
criminal court.
(c) A jail magistrate shall devote such time as is necessary
to ensure that magistrate duties are performed within the time
requirements set forth by Art. 15.17 of the Texas Code of Criminal
Procedure or other statutes related to magistrate duties.
(d) A jail magistrate serves at the direction of the
presiding associate criminal judge and may perform any other
magisterial actions or duties assigned by order of referral.
Sec. 54.2707. APPOINTMENT OF DESIGNATED COUNTY
MAGISTRATES. (a) The judges of the district and county criminal
courts of Denton County shall appoint and designate by joint
standing order, one or more contract or part-time criminal
magistrates, as defined by Art. 2.09 of the Texas Code of Criminal
Procedure, to perform the duties of a magistrate for defendants in
the custody of the Denton County Sheriff, or who are being held in a
detention facility or jail under the control of the Denton County
Sheriff. The district and county criminal judges may appoint one or
more designated county magistrates to perform magistrate duties in
the county jail on weekends, holidays or weekdays as assigned.
(b) The presiding associate district and county criminal
court judge shall, as necessary to fulfill the County's needs,
recommend for consideration, approval or denial any qualified
persons currently serving as appointed or elected magistrates for a
district, county, justice or municipal court, and who meet the
qualifications as set forth by this chapter.
(c) The presiding associate district and county criminal
court judge shall supervise, assign and shall periodically report
the activities of the jail magistrate or designated county
magistrates to the district and county criminal judges of Denton
County. Upon good cause, the presiding associate criminal court
judge may recommend removal of any magistrate appointed or
designated under this chapter.
(d) A designated county magistrate may be assigned to serve
as a magistrate on weekends, holidays or by assignment of the
associate criminal judge in the Denton County jail as necessary.
Sec. 54.2708. QUALIFICATIONS. (a) To be eligible for
appointment as an associate district and county criminal court
judge, a full-time jail magistrate, or a designated county
magistrate for Denton County, a person must:
(1) be a resident of Denton County, and of this state
for at least two (2) years prior to appointment; and
(2) have been licensed to practice law in this state
for at least four years.
(b) In addition to the qualification set for under
subsection (b), a designated county magistrate shall be a sitting
elected or appointed judge of a district, county, justice or
municipal court of record in Denton County at the time of their
appointment.
Sec. 54.2709. COMPENSATION. (a) An associate district and
county criminal court judge, jail magistrate, or a designated
county magistrate is entitled to salary or compensation as
determined by the commissioners court of Denton County.
(b) An associate district and county criminal court judge's
salary, jail magistrate's salary, or compensation paid to any
designated county magistrate shall be paid from the county fund
available for payment of officers' salaries.
Sec. 54.2710. JUDICIAL IMMUNITY. An associate district and
county criminal court judge, a jail magistrate, or any designated
county magistrate shall have the same judicial immunity as a
district judge.
Sec. 54.2711. TERMINATION OF SERVICES. (a) An associate
district and county criminal court judge or a full-time jail
magistrate, may be terminated by a two-thirds (2/3) majority vote
of all the judges whom the associate judge serves.
(b) A designated county magistrate serves only by
assignment or referral of the associate criminal judge in his or her
capacity as the presiding judge of the criminal law magistrate
court
Sec. 54.2712. PROCEEDING THAT MAY BE REFERRED TO AN
ASSOCIATE JUDGE. (a) A judge of a district or county criminal
court, or the county court at law judge with juvenile jurisdiction,
may refer to an associate district and county criminal court judge
any matter arising out of a criminal case involving:
(1) a negotiated plea of guilty or no contest before
the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a civil commitment matter under Subtitle C, Title
7, Health and Safety Code;
(10) setting, adjusting, or revoking bond;
(11) a waiver of extradition or related matter under
Chapter 51 of the Texas Code of Criminal Procedure;
(12) the issuance of search warrants, including a
search warrant under Article 18.02(a)(10), Code of Criminal
Procedure, notwithstanding Article 18.01(c), Code of Criminal
Procedure; and
(13) any other matter the judge considers necessary
and proper.
(12) conduct initial juvenile detention hearings or
any other juvenile case actions as deemed appropriate, if assigned
by the presiding judge with juvenile jurisdiction, and, if approved
by the Denton County Juvenile Board.
(b) An associate judge may select a jury. Except as
provided in Subsection (a), an associate judge may not preside over
a trial on the merits, whether or not the trial is before a jury.
(c) An associate judge has all of the powers of a magistrate
under the laws of this state and may administer an oath for any
purpose.
(d) A judge of a court designated a juvenile court may refer
to an associate district and county criminal judge any proceeding
over which a juvenile court has exclusive original jurisdiction
under Title 3, Family Code, including any matter ancillary to the
proceeding. An associate district and county criminal court judge
may accept a plea of guilty for a misdemeanor or felony or a plea of
true from a defendant or juvenile, regardless of the classification
of the offense charged or the conduct alleged;
Sec. 54.2713. ORDER OF REFERRAL. (a) To refer one or more
cases to an associate district and county criminal court judge, a
judge must issue an order of referral specifying the associate
criminal judge's duties. An order of referral may be limited to
specific cases or dockets, or may be for a designated term of court.
(b) An order of referral may limit the powers of the
associate judge as specifically set forth in Texas Government Code,
Chapter 54A.007(b).
Sec. 54.2714. POWERS OF ASSOCIATE DISTRICT AND COUNTY
CRIMINAL JUDGE. (a) Except as limited by an order of referral, an
associate district and county criminal court judge 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 a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(14) select a jury;
(15) accept a negotiated plea on probation revocation;
(16) conduct a contested probation revocation
hearing;
(17) sign a dismissal in a misdemeanor case;
(18) in any case referred under Section 54.656(a)(1),
accept a negotiated plea of guilty or no contest and:
(A) enter a finding of guilty and impose or
suspend the sentence; or
(B) defer adjudication of guilty; and
(19) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the order of referral.
(b) An associate district and county criminal court judge
may sign a motion to dismiss submitted by an attorney representing
the state on cases referred to the associate district and county
criminal court judge, or on dockets called by the associate
district and county criminal court judge, and may consider
adjudicated cases at sentencing under Section 12.45, Penal Code.
(c) An associate district and county criminal court judge
has all the powers of a magistrate under the laws of this state and
may administer an oath for any purpose.
Sec. 54.2715. FORFEITURES. Bail bonds and personal bonds
may be forfeited by the associate criminal judge in the manner
provided by Chapter 22, Code of Criminal Procedure, and those
forfeitures shall be filed with:
(1) the district clerk if associated with a felony
case;
(2) the county clerk if associated with a Class A or
Class B misdemeanor case; or
(3) the same justice court clerk associated with the
Class C misdemeanor case in which the bond was originally filed.
Sec. 54.2716. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, an associate district and county
criminal court judge shall transmit to the referring court any
papers relating to the case, including the an associate district
and county criminal court judge findings, conclusions, orders,
recommendations, or other action taken.
Sec. 54.2717. JUDICIAL ACTION. (a) A referring court may
modify, correct, reject, reverse, or recommit for further
information any action taken by the associate district and county
criminal court judge.
(b) If the court does not modify, correct, reject, reverse,
or recommit an action of the associate district and county criminal
court judge, the action becomes the decree of the court.
Sec. 54.2718. POWERS OF FULL-TIME MAGISTRATE AND DESIGNATED
JAIL MAGISTRATES. (a) A full-time jail magistrate or a designated
county jail magistrate have all of the powers of a magistrate under
the laws of this state, and may administer an oath for any purpose.
(a) A full-time jail magistrate and any designated county
jail magistrates shall give preference to performing the duties of
a magistrate under Article 15.17, Code of Criminal Procedure.
(b) A full-time jail magistrate and any designated county
jail magistrates may specifically:
(1) consider sworn complaints or affidavits of
probable cause, and enter orders of release or commitment.
(2) conduct magistrate hearings as required by Texas
Code of Criminal Procedure Art. 15.17, provide warnings and advise
defendants of right to counsel and inquire as to indigency or need
for appointed counsel;
(3) set, adjust, and revoke bonds before the filing of
an information or the return of an indictment;
(4) issue conditions of bond;
(5) conduct examining trials;
(6) inquire as to a defendant's financial status or
claim of indigency and recommend appointment of counsel;
(7) issue search and arrest warrants;
(8) issue emergency protective orders;
(9) with the express authorization of a justice of the
peace, a magistrate may exercise concurrent criminal jurisdiction
with the justice of the peace to dispose as provided by law of cases
filed in the precinct of the authorizing justice of the peace.
(c) A full-time jail magistrate has all of the powers listed
in subsection (a) above, and has the express authority and duty to:
(1) order the release of a defendant based on
extraordinary medical conditions;
(2) consider information and make further inquiries as
to a defendant's mental health status;
(3) issue orders or writs necessary for further
evaluation, treatment and accommodations for mental health care;
and,
(4) communicate with Denton County's local mental
health authority or qualified mental health professional to provide
continuing care.
Sec. 54.2717. EXCHANGE OF BENCHES. (a) The judges of the
criminal law magistrate court may exchange benches and may sit and
act for each other in any proceeding pending in the criminal law
magistrate court.
(b) When conducting a capias pro fine hearing for any court,
the criminal law magistrate court acts in the same capacity and with
the same authority as the judge who issued the capias pro fine.
Sec. 54.2718. COURT REPORTER. At the request of a party in
a criminal case, the court shall provide a court reporter to record
the proceedings before the associate district and county criminal
court judge.
Sec. 54.2719. WITNESS. (a) A witness who appears before an
associate district and county criminal court judge, a jail
magistrate, or a designated county magistrate, is sworn and subject
to the penalties for perjury provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to
the court.
Sec. 54.2720. CLERK. (a) The district clerk serves as
clerk of the Denton County Criminal Magistrate Court, except that:
(1) after a Class A or Class B misdemeanor is filed in
a county criminal court, the county clerk serves as clerk for that
misdemeanor case.
(b) The district clerk shall establish a docket and keep the
minutes for the cases filed in or transferred to the magistrate
court. The district clerk shall perform any other duties that local
administrative rules require in connection with the implementation
of this subchapter. The local administrative judge shall ensure
that the duties required under this subsection are performed. To
facilitate the duties associated with serving as the clerk of the
magistrate court, the district clerk and the deputies of the
district clerk may serve as deputy county clerks at the discretion
of the district clerk.
(c) The clerk of the case shall include as part of the record
on appeal a copy of the order and local administrative rule under
which a magistrate court acted.
Sec. 54.2721. COSTS. (a) When the district clerk is the
clerk under this subchapter, the district clerk shall charge the
same court costs for cases filed, transferred to, or assigned to the
criminal law magistrate court that are charged in the district
courts.
(b) When the county clerk is the clerk under this
subchapter, the county clerk shall charge the same court costs for
cases filed in, transferred to, or assigned to the criminal law
magistrate court that are charged in the county courts.
SECTION 4. This Act takes effect September 1, 2023.