1-1 By: Barrientos S.B. No. 667
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 23, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; March 23, 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 COMMITTEE AMENDMENT NO. 1 By: West
1-16 Amend S.B. No. 667 by adding the following section to the
1-17 bill and renumbering the subsequent sections appropriately:
1-18 SECTION 3. Section 54.976, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 54.976. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge
1-21 may refer to a magistrate any criminal case for proceedings
1-22 involving:
1-23 (1) a negotiated plea of guilty and sentencing <before
1-24 the court that has been given initial, but not final, approval by
1-25 the referring judge>;
1-26 (2) a pretrial motion;
1-27 (3) an examining trial;
1-28 (4) a postconviction writ of habeas corpus;
1-29 (5) a bond forfeiture suit;
1-30 (6) issuance of search warrants;
1-31 (7) setting of bonds;
1-32 (8) arraignment of defendants; and
1-33 (9) any other matter the judge considers necessary and
1-34 proper.
1-35 (b) A magistrate may not preside over a contested trial on
1-36 the merits, regardless of whether the trial is before a jury.
1-37 A BILL TO BE ENTITLED
1-38 AN ACT
1-39 relating to criminal law magistrates in Travis County.
1-40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-41 SECTION 1. Article 2.09, Code of Criminal Procedure, is
1-42 amended to read as follows:
1-43 Art. 2.09. WHO ARE MAGISTRATES. Each of the following
1-44 officers is a magistrate within the meaning of this Code: The
1-45 justices of the Supreme Court, the judges of the Court of Criminal
1-46 Appeals, the justices of the Courts of Appeals, the judges of the
1-47 District Court, the magistrates appointed by the judges of the
1-48 district courts of Bexar County, Dallas County, <or> Tarrant
1-49 County, or Travis County that give preference to criminal cases,
1-50 the magistrates appointed by the judges of the district courts of
1-51 Lubbock County, and the magistrates appointed by the judges of the
1-52 criminal district courts of Dallas County or Tarrant County, the
1-53 county judges, the judges of the county courts at law, judges of
1-54 the county criminal courts, the judges of statutory probate courts,
1-55 the justices of the peace, the mayors and recorders and the judges
1-56 of the municipal courts of incorporated cities or towns.
1-57 SECTION 2. Article 4.01, Code of Criminal Procedure, is
1-58 amended to read as follows:
1-59 Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
1-60 following courts have jurisdiction in criminal actions:
1-61 1. The Court of Criminal Appeals;
1-62 2. Courts of appeals;
1-63 3. The district courts;
1-64 4. The criminal district courts;
1-65 5. The magistrates appointed by the judges of the
1-66 district courts of Bexar County, Dallas County, <or> Tarrant
1-67 County, or Travis County that give preference to criminal cases and
1-68 the magistrates appointed by the judges of the criminal district
2-1 courts of Dallas County or Tarrant County;
2-2 6. The county courts;
2-3 7. All county courts at law with criminal
2-4 jurisdiction;
2-5 8. County criminal courts;
2-6 9. Justice courts;
2-7 10. Municipal courts; and
2-8 11. The magistrates appointed by the judges of the
2-9 district courts of Lubbock County.
2-10 SECTION 3. This Act takes effect September 1, 1993.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *
2-17 Austin,
2-18 Texas
2-19 March 23, 1993
2-20 Hon. Bob Bullock
2-21 President of the Senate
2-22 Sir:
2-23 We, your Committee on Criminal Justice to which was referred S.B.
2-24 No. 667, have had the same under consideration, and I am instructed
2-25 to report it back to the Senate with the recommendation that it do
2-26 pass, as amended, and be printed.
2-27 Whitmire,
2-28 Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: Jann Phenix x
2-34 Representing: Travis County
2-35 City: Austin
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