1-1 By: Thompson of Harris (Senate Sponsor - Whitmire) H.B. No. 2113
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 4, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the appointment of hearing officers for criminal and
1-18 mental health cases in certain courts.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Chapter 54, Government Code, is amended by adding
1-21 Subchapter L to read as follows:
1-22 SUBCHAPTER L. CRIMINAL LAW HEARING OFFICERS IN CERTAIN COUNTIES
1-23 Sec. 54.851. Application. This subchapter applies only to
1-24 counties with a population of two million or more.
1-25 Sec. 54.852. APPOINTMENT. (a) A board composed of three
1-26 judges of the district courts of Harris County trying criminal
1-27 cases, three judges of the county criminal courts at law, and three
1-28 justices of the peace in Harris County may appoint criminal law
1-29 hearing officers, with the consent and approval of the
1-30 commissioners court, to perform the duties authorized by this
1-31 subchapter. A quorum is two-thirds of the members of the board.
1-32 (b) The board shall ensure that the criminal law hearing
1-33 officers appointed under this subchapter are representative of the
1-34 race, sex, national origin, and ethnicity of the population of
1-35 Harris County.
1-36 (c) A criminal law hearing officer serves a one-year term
1-37 and continues to serve until a successor is appointed.
1-38 (d) A criminal law hearing officer appointed under this
1-39 subchapter may be terminated at any time in the same manner as
1-40 appointed.
1-41 (e) A criminal law hearing officer may not engage in the
1-42 private practice of law or serve as a mediator or arbitrator or
1-43 otherwise participate as a neutral party in any alternate dispute
1-44 resolution proceeding, with or without compensation.
1-45 (f) A criminal law hearing officer is subject to proceedings
1-46 under Article V, Section 1-a, of the Texas Constitution.
1-47 Sec. 54.853. Qualifications. To be eligible for appointment
1-48 as a criminal law hearing officer under this subchapter, a person
1-49 must:
1-50 (1) be a resident of this state and the county;
1-51 (2) have been licensed to practice law in this state
1-52 for at least four years;
1-53 (3) not have been defeated for reelection to a
1-54 judicial office;
1-55 (4) not have been removed from office by impeachment,
1-56 by the supreme court, by the governor on address to the
1-57 legislature, by a tribunal reviewing a recommendation of the State
1-58 Commission on Judicial Conduct, or by the legislature's abolition
1-59 of the judge's court; and
1-60 (5) not have resigned from office after having
1-61 received notice that formal proceedings by the State Commission on
1-62 Judicial Conduct had been instituted as provided in Section 33.022
1-63 and before the final disposition of the proceedings.
1-64 Sec. 54.854. Compensation. (a) Each criminal law hearing
1-65 officer is entitled to a salary in the amount set by the
1-66 commissioners court.
1-67 (b) The salary may not be less than the salary authorized to
1-68 be paid to a master for family law cases appointed under Subchapter
2-1 A.
2-2 (c) The salary is paid from the county fund available for
2-3 payment of officers' salaries.
2-4 Sec. 54.855. Oath. A criminal law hearing officer must take
2-5 the constitutional oath of office required of appointed officers of
2-6 this state.
2-7 Sec. 54.856. Criminal Jurisdiction. (a) A criminal law
2-8 hearing officer appointed under this subchapter has limited
2-9 concurrent jurisdiction over criminal cases filed in the district
2-10 courts, county criminal courts at law, and justice courts of the
2-11 county. The jurisdiction of the criminal law hearing officer is
2-12 limited to:
2-13 (1) determining probable cause for further detention
2-14 of any person detained on a criminal complaint, information, or
2-15 indictment filed in the district courts, county criminal courts at
2-16 law, or justice courts of the county;
2-17 (2) committing the defendant to jail, discharging the
2-18 defendant from custody, or admitting the defendant to bail, as the
2-19 law and facts of the case require;
2-20 (3) issuing search warrants and arrest warrants as
2-21 provided by law for magistrates; and
2-22 (4) as to criminal cases filed in justice courts,
2-23 disposing of cases as provided by law, other than by trial, and
2-24 collecting fines and enforcing judgments and orders of the justice
2-25 courts in criminal cases.
2-26 (b) This section does not limit or impair the jurisdiction
2-27 of the court in which the complaint, information, or indictment is
2-28 filed to review or alter the decision of the criminal law hearing
2-29 officer.
2-30 (c) In a felony or misdemeanor case punishable by
2-31 incarceration in the county jail, a criminal law hearing officer
2-32 may not dismiss the case, enter a judgment of acquittal or guilt,
2-33 or pronounce sentence.
2-34 Sec. 54.857. MENTAL HEALTH JURISDICTION. The judges
2-35 appointing a criminal law hearing officer may authorize the
2-36 criminal law hearing officer to serve the statutory probate courts
2-37 of Harris County as necessary to hear emergency mental health
2-38 matters under Chapter 573, Health and Safety Code. A criminal law
2-39 hearing officer has concurrent limited jurisdiction with the
2-40 statutory probate courts of the county to hear emergency mental
2-41 health matters under Chapter 573, Health and Safety Code. This
2-42 section does not impair the jurisdiction of the statutory probate
2-43 courts to review or alter the decision of the criminal law hearing
2-44 officer.
2-45 Sec. 54.858. DUTIES AND POWERS. (a) A criminal law hearing
2-46 officer shall inform the person arrested, in clear language, of the
2-47 accusation against the person and of any affidavit filed with the
2-48 accusation. A criminal law hearing officer shall inform the person
2-49 arrested of the person's right to retain counsel, to remain silent,
2-50 to have an attorney present during any interview with a peace
2-51 officer or an attorney representing the state, to terminate the
2-52 interview at any time, and to request the appointment of counsel if
2-53 the person is indigent and cannot afford counsel. The criminal law
2-54 hearing officer shall also inform the person arrested that the
2-55 person is not required to make a statement and that any statement
2-56 made by the person may be used against the person. The criminal
2-57 law hearing officer must allow the person arrested reasonable time
2-58 and opportunity to consult counsel and shall admit the person
2-59 arrested to bail if allowed by law.
2-60 (b) A criminal law hearing officer may determine the amount
2-61 of bail and grant bail pursuant to Chapter 17, Code of Criminal
2-62 Procedure, and as otherwise provided by law.
2-63 (c) A criminal law hearing officer may issue a magistrate's
2-64 order for emergency apprehension and detention under Chapter 573,
2-65 Health and Safety Code, if the criminal law hearing officer makes
2-66 each finding required by Section 573.012(b), Health and Safety
2-67 Code.
2-68 (d) The criminal law hearing officer shall be available,
2-69 within 24 hours of a defendant's arrest, to determine probable
2-70 cause for further detention, administer warnings, inform the
3-1 accused of the pending charges, and determine all matters
3-2 pertaining to bail. Criminal law hearing officers shall be
3-3 available to review and issue search warrants and arrest warrants
3-4 as provided by law.
3-5 (e) A criminal law hearing officer may dispose of criminal
3-6 cases filed in the justice court as provided by law, other than by
3-7 trial, and collect fines and enforce the judgments and orders of
3-8 the justice courts in criminal cases.
3-9 Sec. 54.859. JUDICIAL IMMUNITY. A criminal law hearing
3-10 officer has the same judicial immunity as a district judge,
3-11 statutory county court judge, and justice of the peace.
3-12 Sec. 54.860. SHERIFF. On request of a criminal law hearing
3-13 officer appointed under this subchapter, the sheriff, in person or
3-14 by deputy, shall assist the criminal law hearing officer.
3-15 Sec. 54.861. CLERK. The district clerk shall perform the
3-16 statutory duties necessary for the criminal law hearing officers
3-17 appointed under this subchapter in cases filed in a district court
3-18 or county criminal court. A person designated to serve as clerk of
3-19 a justice court shall perform the statutory duties necessary for
3-20 cases filed in a justice court.
3-21 SECTION 2. Article 2.09, Code of Criminal Procedure, is
3-22 amended to read as follows:
3-23 Art. 2.09. Who are magistrates. Each of the following
3-24 officers is a magistrate within the meaning of this Code: The
3-25 justices of the Supreme Court, the judges of the Court of Criminal
3-26 Appeals, the justices of the Courts of Appeals, the judges of the
3-27 District Court, the magistrates appointed by the judges of the
3-28 district courts of Bexar County, Dallas County, or Tarrant County
3-29 that give preference to criminal cases, the criminal law hearing
3-30 officers for Harris County appointed under Subchapter L, Chapter
3-31 54, Government Code, the magistrates appointed by the judges of the
3-32 district courts of Lubbock County, and the magistrates appointed by
3-33 the judges of the criminal district courts of Dallas County or
3-34 Tarrant County, the county judges, the judges of the county courts
3-35 at law, judges of the county criminal courts, the judges of
3-36 statutory probate courts, the justices of the peace, the mayors and
3-37 recorders and the judges of the municipal courts of incorporated
3-38 cities or towns.
3-39 SECTION 3. The importance of this legislation and the
3-40 crowded condition of the calendars in both houses create an
3-41 emergency and an imperative public necessity that the
3-42 constitutional rule requiring bills to be read on three several
3-43 days in each house be suspended, and this rule is hereby suspended,
3-44 and that this Act take effect and be in force from and after its
3-45 passage, and it is so enacted.
3-46 * * * * *
3-47 Austin,
3-48 Texas
3-49 May 4, 1993
3-50 Hon. Bob Bullock
3-51 President of the Senate
3-52 Sir:
3-53 We, your Committee on Criminal Justice to which was referred H.B.
3-54 No. 2113, have had the same under consideration, and I am
3-55 instructed to report it back to the Senate with the recommendation
3-56 that it do pass and be printed.
3-57 Whitmire,
3-58 Chairman
3-59 * * * * *
3-60 WITNESSES
3-61 FOR AGAINST ON
3-62 ___________________________________________________________________
3-63 Name: Judge David Patronella x
3-64 Representing: Harris Co. Justice of the Peac
3-65 City: Houston
3-66 -------------------------------------------------------------------
3-67 Name: Ray Speece x
3-68 Representing: Harris Co. District Courts
3-69 City: Houston
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