By: Thompson, S. H.B. No. 2113
73R6577 T
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 P to read as follows:
1-7 SUBCHAPTER P. CRIMINAL LAW HEARING OFFICERS IN CERTAIN COUNTIES
1-8 Sec. 54.951. APPLICATION. This subchapter applies only to
1-9 counties with a population of two million or more.
1-10 Sec. 54.952. 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 subsection are representative of the
1-19 race, sex, national origin, and ethnicity of Harris County.
1-20 (c) A criminal law hearing officer serves a one-year term
1-21 and continues to serve until a successor is appointed.
1-22 (d) A criminal law hearing officer appointed under this
1-23 subchapter may be terminated at any time in the same manner as
1-24 appointed.
2-1 (e) Upon appointment under this subchapter a criminal law
2-2 hearing officer shall not engage in the practice of law or serve as
2-3 a mediator, arbitrator or otherwise participate as a neutral party
2-4 in any alternate dispute resolution proceeding with or without
2-5 compensation.
2-6 (f) Upon appointment under this subchapter a criminal law
2-7 hearing officer shall be subject to proceedings under Article V,
2-8 Section 1-a of the Texas Constitution.
2-9 Sec. 54.953. QUALIFICATIONS. To be eligible for appointment
2-10 as a criminal law hearing officer under this subchapter, a person
2-11 must:
2-12 (1) be a resident of this state and the county;
2-13 (2) have been licensed to practice law in this state
2-14 for at least four years;
2-15 (3) have not been defeated for reelection to a
2-16 judicial office;
2-17 (4) not have been removed from office by impeachment,
2-18 by the supreme court, by the governor on address of the
2-19 legislature, by a tribunal reviewing a recommendation of the State
2-20 Commission on Judicial Conduct, or by the legislature's abolition
2-21 of the judge's court; and
2-22 (5) not have resigned from office after having
2-23 received notice that formal proceedings by the State Commission on
2-24 Judicial Conduct had been instituted as provided by Section 33.022
2-25 and before the final disposition of the proceedings.
2-26 Sec. 54.954. COMPENSATION. (a) Each criminal law hearing
2-27 officer is entitled to a salary in the amount set by the
3-1 commissioners court.
3-2 (b) The salary may not be less than the salary authorized to
3-3 be paid to an associate judge for family law cases appointed under
3-4 Subchapter A.
3-5 (c) The salary is paid from the county fund available for
3-6 payment of officer's salaries.
3-7 Sec. 54.955. OATH. A criminal law hearing officer must take
3-8 the constitutional oath of office required of appointed officers of
3-9 this state.
3-10 Sec. 54.986. CRIMINAL JURISDICTION. (a) A criminal law
3-11 hearing officer appointed under this subchapter has concurrent
3-12 limited jurisdiction over criminal cases filed in the district
3-13 courts, county criminal courts at law and justice courts of the
3-14 county. The jurisdiction of the criminal law hearing officer is
3-15 limited to determining probable cause for further detention of any
3-16 person detained on a criminal complaint, information, or indictment
3-17 filed in the district courts, county criminal courts at law or
3-18 justice courts of the county; committing the defendant to jail,
3-19 discharging the defendant from custody, or admitting the defendant
3-20 to bail, as the law and facts of the case require; issuing search
3-21 warrants and arrest warrants as provided by law for magistrates;
3-22 and accepting pleas of guilty or nolo contendere under Article
3-23 45.34, Code of Criminal Procedure.
3-24 (b) This section does not limit or impair the jurisdiction
3-25 of the court in which the complaint, information, or indictment is
3-26 filed to review or alter the decision of the criminal law hearing
3-27 officer.
4-1 (c) In a felony or misdemeanor case punishable by
4-2 incarceration in the county jail, a criminal law hearing officer
4-3 may not dismiss the case, enter a judgment of acquittal or guilt,
4-4 or pronounce sentence.
4-5 Sec. 54.957. MENTAL HEALTH JURISDICTION. The judges
4-6 appointing a criminal law hearing officer may authorize the
4-7 criminal law hearing officer to serve the statutory probate courts
4-8 of Harris County as necessary to hear emergency mental health
4-9 matters under the Texas Mental Health Code (Article 5547-1 et seq.,
4-10 Vernon's Texas Civil Statutes). A criminal law hearing officer has
4-11 concurrent limited jurisdiction with the statutory probate courts
4-12 of the county to hear emergency mental health matters pursuant to
4-13 Section 28, Texas Mental Health Code (Article 5547-28, Vernon's
4-14 Texas Civil Statutes). This section does not impair the
4-15 jurisdiction of the statutory probate courts to review or alter the
4-16 decision of the criminal law hearing officer.
4-17 Sec. 54.958. DUTIES AND POWERS. (a) A criminal law hearing
4-18 officer shall inform the person arrested, in clear language, of the
4-19 accusation against him and of any affidavit filed with the
4-20 accusation. A criminal law hearing officer shall inform the person
4-21 arrested of the person's right to retain counsel, to remain silent,
4-22 to have an attorney present during any interview with a peace
4-23 officer or an attorney representing the state, to terminate the
4-24 interview at any time, and to request the appointment of counsel if
4-25 the person is indigent and cannot afford counsel. The criminal law
4-26 hearing officer shall also inform the person arrested that the
4-27 person is not required to make a statement and that any statement
5-1 made by the person may be used against the person. The criminal
5-2 law hearing officer must allow the person arrested reasonable time
5-3 and opportunity to consult counsel and shall admit the person
5-4 arrested to bail if allowed by law.
5-5 (b) A criminal law hearing officer may determine the amount
5-6 of bail and grant bail pursuant to Chapter 17, Code of Criminal
5-7 Procedure, and as otherwise provided by law.
5-8 (c) A criminal law hearing officer may issue a magistrate's
5-9 order for emergency apprehension and detention under Section 28,
5-10 Texas Mental Health Code (Article 5547-28, Vernon's Texas Civil
5-11 Statutes), if the criminal law hearing officer makes each finding
5-12 required by Subsection (d), Section 28, Texas Mental Health Code
5-13 (Article 5547-28, Vernon's Texas Civil Statutes).
5-14 (d) Criminal law hearing officers shall be available, within
5-15 24 hours of a defendant's arrest, to determine probable cause for
5-16 further detention, administer warnings, inform the accused of the
5-17 pending charges, and determine all matters pertaining to bail.
5-18 Criminal law hearing officers shall be available to review and
5-19 issue search warrants and arrest warrants as provided by law.
5-20 Sec. 54.959. JUDICIAL IMMUNITY. A criminal law hearing
5-21 officer has the same judicial immunity as a district judge,
5-22 statutory county court judge, and justice of the peace.
5-23 Sec. 54.960. SHERIFF. On request of a criminal law hearing
5-24 officer appointed under this subchapter, the sheriff, in person or
5-25 by deputy, shall assist the criminal law hearing officer.
5-26 Sec. 54.961. DISTRICT CLERK. The district clerk shall
5-27 perform the statutory duties necessary for the criminal law hearing
6-1 officers appointed under this subchapter.
6-2 SECTION 2. Article 2.09, Code of Criminal Procedure, is
6-3 amended to read as follows:
6-4 Each of the following officers is a magistrate within the
6-5 meaning of this Code: The justices of the Supreme Court, the
6-6 judges of the Court of Criminal Appeals, the justices of the Courts
6-7 of Appeals, the judges of the District Court, the magistrates
6-8 appointed by the judges of the district courts of Bexar County,
6-9 Dallas County, or Tarrant County that give preference to criminal
6-10 cases, the criminal law hearing officers for Harris County
6-11 appointed under the authority of Section 54.951 of the Government
6-12 Code, the magistrates appointed by the judges of the district
6-13 courts of Lubbock County, and the magistrates appointed by the
6-14 judges of the criminal district courts of Dallas County or Tarrant
6-15 County, the county judges, the judges of the county courts at law,
6-16 judges of the county criminal courts, the judges of statutory
6-17 probate courts, the justices of the peace, the mayors and recorders
6-18 and the judges of the municipal courts of incorporated cities or
6-19 towns.
6-20 SECTION 3. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended,
6-25 and that this Act take effect and be in force from and after its
6-26 passage, and it is so enacted.