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Senate Bill 483 |
Senate Author: Harris |
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Effective: 9-1-11 |
House Sponsor: Smith, Todd |
Senate Bill 483 amends the Government Code to include among the types of criminal cases a judge of a district court, criminal district court, or county criminal court in Tarrant County may refer to a criminal law magistrate in that county any case for proceedings involving the following: an agreed order of expunction of criminal records, a forfeiture of contraband hearing, an agreed order of nondisclosure of criminal history record information, and a hearing on a motion to revoke probation. The bill also authorizes a judge to refer to a magistrate a civil case regarding forfeiture of contraband for any authorized purpose, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial. The bill clarifies the prohibition against a magistrate presiding over a criminal trial and prohibits such a magistrate from hearing a jury trial on the merits of a bond forfeiture. In addition to the powers granted under current law, the bill authorizes a magistrate to accept a negotiated plea on a probation revocation, conduct a contested probation revocation hearing, and sign a dismissal in a misdemeanor case. The bill removes a prohibition against a magistrate entering a ruling on any issue of law or fact that could result in dismissal or require dismissal of a pending criminal prosecution.
Senate Bill 483 amends the Code of Criminal Procedure to authorize a magistrate with jurisdiction over criminal cases serving a district court to issue search warrants to search for and seize property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense.