By: Barrientos S.B. No. 667
A BILL TO BE ENTITLED
AN ACT
1-1 relating to criminal law magistrates.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 2.09, Code of Criminal Procedure, is
1-4 amended to read as follows:
1-5 Art. 2.09. WHO ARE MAGISTRATES. Each of the following
1-6 officers is a magistrate within the meaning of this Code: The
1-7 justices of the Supreme Court, the judges of the Court of Criminal
1-8 Appeals, the justices of the Courts of Appeals, the judges of the
1-9 District Court, the magistrates appointed by the judges of the
1-10 district courts of Bexar County, Dallas County, <or> Tarrant
1-11 County, or Travis County that give preference to criminal cases,
1-12 the magistrates appointed by the judges of the district courts of
1-13 Lubbock County, and the magistrates appointed by the judges of the
1-14 criminal district courts of Dallas County or Tarrant County, the
1-15 county judges, the judges of the county courts at law, judges of
1-16 the county criminal courts, the judges of statutory probate courts,
1-17 the justices of the peace, the mayors and recorders and the judges
1-18 of the municipal courts of incorporated cities or towns.
1-19 SECTION 2. Article 4.01, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
1-22 following courts have jurisdiction in criminal actions:
1-23 1. The Court of Criminal Appeals;
1-24 2. Courts of appeals;
2-1 3. The district courts;
2-2 4. The criminal district courts;
2-3 5. The magistrates appointed by the judges of the
2-4 district courts of Bexar County, Dallas County, <or> Tarrant
2-5 County, or Travis County that give preference to criminal cases and
2-6 the magistrates appointed by the judges of the criminal district
2-7 courts of Dallas County or Tarrant County;
2-8 6. The county courts;
2-9 7. All county courts at law with criminal
2-10 jurisdiction;
2-11 8. County criminal courts;
2-12 9. Justice courts;
2-13 10. Municipal courts; and
2-14 11. The magistrates appointed by the judges of the
2-15 district courts of Lubbock County.
2-16 SECTION 3. Section 54.976, Government Code, is amended to
2-17 read as follows:
2-18 Sec. 54.976. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge
2-19 may refer to a magistrate any criminal case for proceedings
2-20 involving:
2-21 (1) a negotiated plea of guilty and sentencing <before
2-22 the court that has been given initial, but not final, approval by
2-23 the referring judge>;
2-24 (2) a pretrial motion;
2-25 (3) an examining trial;
2-26 (4) a postconviction writ of habeas corpus;
2-27 (5) a bond forfeiture suit;
3-1 (6) issuance of search warrants;
3-2 (7) setting of bonds;
3-3 (8) arraignment of defendants; and
3-4 (9) any other matter the judge considers necessary and
3-5 proper.
3-6 (b) A magistrate may not preside over a contested trial on
3-7 the merits, regardless of whether the trial is before a jury.
3-8 SECTION 4. This Act takes effect September 1, 1993.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.