By Thompson of Harris H.B. No. 2113
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of hearing officers for criminal and
1-3 mental health cases in certain courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Government Code, is amended by adding
1-6 Subchapter L to read as follows:
1-7 SUBCHAPTER L. CRIMINAL LAW HEARING OFFICERS IN CERTAIN COUNTIES
1-8 Sec. 54.851. Application. This subchapter applies only to
1-9 counties with a population of two million or more.
1-10 Sec. 54.852. APPOINTMENT. (a) A board composed of three
1-11 judges of the district courts of Harris County trying criminal
1-12 cases, three judges of the county criminal courts at law, and three
1-13 justices of the peace in Harris County may appoint criminal law
1-14 hearing officers, with the consent and approval of the
1-15 commissioners court, to perform the duties authorized by this
1-16 subchapter. A quorum is two-thirds of the members of the board.
1-17 (b) The board shall ensure that the criminal law hearing
1-18 officers appointed under this subchapter are representative of the
1-19 race, sex, national origin, and ethnicity of the population of
1-20 Harris County.
1-21 (c) A criminal law hearing officer serves a one-year term
1-22 and continues to serve until a successor is appointed.
1-23 (d) A criminal law hearing officer appointed under this
1-24 subchapter may be terminated at any time in the same manner as
2-1 appointed.
2-2 (e) A criminal law hearing officer may not engage in the
2-3 private practice of law or serve as a mediator or arbitrator or
2-4 otherwise participate as a neutral party in any alternate dispute
2-5 resolution proceeding, with or without compensation.
2-6 (f) A criminal law hearing officer is subject to proceedings
2-7 under Article V, Section 1-a, of the Texas Constitution.
2-8 Sec. 54.853. Qualifications. To be eligible for appointment
2-9 as a criminal law hearing officer under this subchapter, a person
2-10 must:
2-11 (1) be a resident of this state and the county;
2-12 (2) have been licensed to practice law in this state
2-13 for at least four years;
2-14 (3) not have been defeated for reelection to a
2-15 judicial office;
2-16 (4) not have been removed from office by impeachment,
2-17 by the supreme court, by the governor on address to the
2-18 legislature, by a tribunal reviewing a recommendation of the State
2-19 Commission on Judicial Conduct, or by the legislature's abolition
2-20 of the judge's court; and
2-21 (5) not have resigned from office after having
2-22 received notice that formal proceedings by the State Commission on
2-23 Judicial Conduct had been instituted as provided in Section 33.022
2-24 and before the final disposition of the proceedings.
2-25 Sec. 54.854. Compensation. (a) Each criminal law hearing
2-26 officer is entitled to a salary in the amount set by the
2-27 commissioners court.
3-1 (b) The salary may not be less than the salary authorized to
3-2 be paid to a master for family law cases appointed under Subchapter
3-3 A.
3-4 (c) The salary is paid from the county fund available for
3-5 payment of officers' salaries.
3-6 Sec. 54.855. Oath. A criminal law hearing officer must take
3-7 the constitutional oath of office required of appointed officers of
3-8 this state.
3-9 Sec. 54.856. Criminal Jurisdiction. (a) A criminal law
3-10 hearing officer appointed under this subchapter has limited
3-11 concurrent jurisdiction over criminal cases filed in the district
3-12 courts, county criminal courts at law, and justice courts of the
3-13 county. The jurisdiction of the criminal law hearing officer is
3-14 limited to:
3-15 (1) determining probable cause for further detention
3-16 of any person detained on a criminal complaint, information, or
3-17 indictment filed in the district courts, county criminal courts at
3-18 law, or justice courts of the county;
3-19 (2) committing the defendant to jail, discharging the
3-20 defendant from custody, or admitting the defendant to bail, as the
3-21 law and facts of the case require;
3-22 (3) issuing search warrants and arrest warrants as
3-23 provided by law for magistrates; and
3-24 (4) as to criminal cases filed in justice courts,
3-25 disposing of cases as provided by law, other than by trial, and
3-26 collecting fines and enforcing judgments and orders of the justice
3-27 courts in criminal cases.
4-1 (b) This section does not limit or impair the jurisdiction
4-2 of the court in which the complaint, information, or indictment is
4-3 filed to review or alter the decision of the criminal law hearing
4-4 officer.
4-5 (c) In a felony or misdemeanor case punishable by
4-6 incarceration in the county jail, a criminal law hearing officer
4-7 may not dismiss the case, enter a judgment of acquittal or guilt,
4-8 or pronounce sentence.
4-9 Sec. 54.857. MENTAL HEALTH JURISDICTION. The judges
4-10 appointing a criminal law hearing officer may authorize the
4-11 criminal law hearing officer to serve the statutory probate courts
4-12 of Harris County as necessary to hear emergency mental health
4-13 matters under Chapter 573, Health and Safety Code. A criminal law
4-14 hearing officer has concurrent limited jurisdiction with the
4-15 statutory probate courts of the county to hear emergency mental
4-16 health matters under Chapter 573, Health and Safety Code. This
4-17 section does not impair the jurisdiction of the statutory probate
4-18 courts to review or alter the decision of the criminal law hearing
4-19 officer.
4-20 Sec. 54.858. DUTIES AND POWERS. (a) A criminal law hearing
4-21 officer shall inform the person arrested, in clear language, of the
4-22 accusation against the person and of any affidavit filed with the
4-23 accusation. A criminal law hearing officer shall inform the person
4-24 arrested of the person's right to retain counsel, to remain silent,
4-25 to have an attorney present during any interview with a peace
4-26 officer or an attorney representing the state, to terminate the
4-27 interview at any time, and to request the appointment of counsel if
5-1 the person is indigent and cannot afford counsel. The criminal law
5-2 hearing officer shall also inform the person arrested that the
5-3 person is not required to make a statement and that any statement
5-4 made by the person may be used against the person. The criminal
5-5 law hearing officer must allow the person arrested reasonable time
5-6 and opportunity to consult counsel and shall admit the person
5-7 arrested to bail if allowed by law.
5-8 (b) A criminal law hearing officer may determine the amount
5-9 of bail and grant bail pursuant to Chapter 17, Code of Criminal
5-10 Procedure, and as otherwise provided by law.
5-11 (c) A criminal law hearing officer may issue a magistrate's
5-12 order for emergency apprehension and detention under Chapter 573,
5-13 Health and Safety Code, if the criminal law hearing officer makes
5-14 each finding required by Section 573.012(b), Health and Safety
5-15 Code.
5-16 (d) The criminal law hearing officer shall be available,
5-17 within 24 hours of a defendant's arrest, to determine probable
5-18 cause for further detention, administer warnings, inform the
5-19 accused of the pending charges, and determine all matters
5-20 pertaining to bail. Criminal law hearing officers shall be
5-21 available to review and issue search warrants and arrest warrants
5-22 as provided by law.
5-23 (e) A criminal law hearing officer may dispose of criminal
5-24 cases filed in the justice court as provided by law, other than by
5-25 trial, and collect fines and enforce the judgments and orders of
5-26 the justice courts in criminal cases.
5-27 Sec. 54.859. JUDICIAL IMMUNITY. A criminal law hearing
6-1 officer has the same judicial immunity as a district judge,
6-2 statutory county court judge, and justice of the peace.
6-3 Sec. 54.860. SHERIFF. On request of a criminal law hearing
6-4 officer appointed under this subchapter, the sheriff, in person or
6-5 by deputy, shall assist the criminal law hearing officer.
6-6 Sec. 54.861. CLERK. The district clerk shall perform the
6-7 statutory duties necessary for the criminal law hearing officers
6-8 appointed under this subchapter in cases filed in a district court
6-9 or county criminal court. A person designated to serve as clerk of
6-10 a justice court shall perform the statutory duties necessary for
6-11 cases filed in a justice court.
6-12 SECTION 2. Article 2.09, Code of Criminal Procedure, is
6-13 amended to read as follows:
6-14 Art. 2.09. Who are magistrates. Each of the following
6-15 officers is a magistrate within the meaning of this Code: The
6-16 justices of the Supreme Court, the judges of the Court of Criminal
6-17 Appeals, the justices of the Courts of Appeals, the judges of the
6-18 District Court, the magistrates appointed by the judges of the
6-19 district courts of Bexar County, Dallas County, or Tarrant County
6-20 that give preference to criminal cases, the criminal law hearing
6-21 officers for Harris County appointed under Subchapter L, Chapter
6-22 54, Government Code, the magistrates appointed by the judges of the
6-23 district courts of Lubbock County, and the magistrates appointed by
6-24 the judges of the criminal district courts of Dallas County or
6-25 Tarrant County, the county judges, the judges of the county courts
6-26 at law, judges of the county criminal courts, the judges of
6-27 statutory probate courts, the justices of the peace, the mayors and
7-1 recorders and the judges of the municipal courts of incorporated
7-2 cities or towns.
7-3 SECTION 3. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended,
7-8 and that this Act take effect and be in force from and after its
7-9 passage, and it is so enacted.