By Krusee H.B. No. 2504 75R8033 MWV-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the appointment and duties of criminal magistrates for 1-3 certain courts of Williamson County. 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. WILLIAMSON COUNTY CRIMINAL MAGISTRATES 1-8 Sec. 54.951. APPOINTMENT. (a) The judges of the district 1-9 courts and statutory county courts having criminal jurisdiction in 1-10 Williamson County may, by a majority vote of the judges, select 1-11 magistrates to serve the courts of Williamson County having 1-12 jurisdiction in criminal matters. 1-13 (b) The commissioners court shall establish the minimum 1-14 qualifications, salary, benefits, and other compensation of each 1-15 magistrate position and shall determine whether the position is 1-16 full or part-time. 1-17 (c) A magistrate appointed under this section serves at the 1-18 pleasure of a majority of the judges making appointments under this 1-19 section. 1-20 (d) Subject to commissioners court approval of a 1-21 magistrate's total compensation, a magistrate may concurrently 1-22 serve as an associate judge, referee, or master under another 1-23 statute unless that statute prohibits holding another judicial 1-24 position. 2-1 Sec. 54.952. JURISDICTION. A magistrate has concurrent 2-2 criminal jurisdiction with the judges of the district courts, 2-3 statutory county courts, and justice of the peace courts of 2-4 Williamson County. 2-5 Sec. 54.953. POWERS AND DUTIES. (a) Except as provided by 2-6 Subsection (b), a magistrate has all of the powers of a magistrate 2-7 under the Code of Criminal Procedure and other laws of this state 2-8 and may administer an oath for any purpose. 2-9 (b) A magistrate who is not an attorney may not issue arrest 2-10 and search warrants. 2-11 (c) A magistrate shall give preference to performing the 2-12 duties of a magistrate under Article 15.17, Code of Criminal 2-13 Procedure. 2-14 (d) A magistrate may enforce a prior judgment or order of a 2-15 justice court in a criminal case. Except for a trial on the merits 2-16 following a plea of not guilty, with the express authorization of 2-17 the justice of the peace, a magistrate may exercise concurrent 2-18 criminal jurisdiction with a justice of the peace to dispose of 2-19 cases arising within the precinct of the authorizing justice of the 2-20 peace as provided by law. 2-21 (e) The judges of the district courts with criminal 2-22 jurisdiction may, by majority vote, designate one or more 2-23 magistrates to hold regular hearings to: 2-24 (1) give admonishments; 2-25 (2) set and review bail and conditions of release; 2-26 (3) appoint legal counsel; and 2-27 (4) determine other routine matters relating to 3-1 preindictment or pending cases within those courts' jurisdiction. 3-2 (f) The judges of the statutory county courts with criminal 3-3 jurisdiction may, by majority vote, designate one or more 3-4 magistrates to carry out the duties described in Subsection (e) 3-5 with regard to preinformation or pending cases within those courts' 3-6 jurisdiction. 3-7 (g) In the hearings provided under Subsections (e) and (f), 3-8 the magistrates shall give preference to the case of an individual 3-9 held in county jail. 3-10 (h) A magistrate may inquire into a defendant's intended 3-11 plea to the charge and set the case for an appropriate hearing 3-12 before a judge or master. Except as provided by Subsection (d) or 3-13 (i), a statement by a defendant under these circumstances 3-14 concerning an intended plea may not be admitted into evidence in 3-15 any other proceeding. 3-16 (i) The magistrate may accept the plea, direct a supervision 3-17 officer to prepare a presentence report, and set the case for 3-18 sentencing before a judge or master, if a defendant pleads guilty, 3-19 nolo contendere, or true after being properly admonished by a 3-20 magistrate who: 3-21 (1) is qualified to serve as judge of the court with 3-22 jurisdiction over the case; and 3-23 (2) has been expressly authorized by the judge to 3-24 accept those pleas. 3-25 Sec. 54.954. MASTERS IN CRIMINAL CASES. (a) The judge of a 3-26 court with criminal jurisdiction in Williamson County may designate 3-27 a magistrate by written referral order to serve as a master in 4-1 connection with a criminal case pending before the court. To serve 4-2 as master, the magistrate must be qualified to serve as judge of 4-3 the court. 4-4 (b) A magistrate appointed to serve as master may consider 4-5 any referred matter pending before the court, but may not conduct a 4-6 trial on the merits following a plea of not guilty. 4-7 (c) The master may: 4-8 (1) conduct hearings; 4-9 (2) regulate proceedings in a hearing and certify acts 4-10 of contempt to the referring court for sanctions; 4-11 (3) compel production of relevant evidence; 4-12 (4) rule on admissibility of evidence; 4-13 (5) issue summons and attachments for the appearance 4-14 of witnesses; 4-15 (6) swear witnesses for hearings; 4-16 (7) examine witnesses; 4-17 (8) hear evidence; 4-18 (9) make findings of fact on evidence; 4-19 (10) formulate conclusions of law; 4-20 (11) recommend the rulings, orders, or judgment to be 4-21 made in a case; and 4-22 (12) do any act and take any measure necessary and 4-23 proper for the efficient performance of the duties required by the 4-24 order of referral. 4-25 (d) Except as provided by Subsection (c), a master may not 4-26 issue a judgment or order, but may only certify to the referring 4-27 court the master's findings of fact, conclusions of law, and 5-1 recommended judgment or order. 5-2 (e) Except as provided by Subsection (g), the defendant or 5-3 the attorney representing the state may obtain de novo review by 5-4 the referring court if the de novo review is requested in writing 5-5 not later than the third day after the date on which notice of the 5-6 recommended judgment or order is received by the requestor. A 5-7 request for review must set out specifically complaints regarding 5-8 the master's findings of fact, conclusions of law, and 5-9 recommendations. Review is limited to the issues complained of by 5-10 one or both parties. 5-11 (f) If no request for review is received, the referring 5-12 court shall, not later than the 10th day after the date on which 5-13 the parties receive notice of the recommendation, enter a judgment 5-14 or order that approves, modifies, corrects, rejects, reverses, or 5-15 recommits for further information the recommendation of the master. 5-16 If no action is taken within that time, the recommendation is 5-17 considered rejected and the court must reconsider the matter de 5-18 novo as if the matter had not been referred. 5-19 (g) A plea bargaining agreement between the state and the 5-20 defendant may provide that both parties waive the right to review 5-21 or appeal of a master's sentencing recommendation. The waiver must 5-22 be signed by both parties and filed with the master. The defendant 5-23 may withdraw the plea if the master rejects the agreement. The 5-24 referring judge, may reject the recommendation of the master and 5-25 permit withdrawal of the plea, or approve the agreement and 5-26 immediately sign the recommended judgment and sentence. 5-27 Sec. 54.955. JUDICIAL IMMUNITY. A magistrate has the same 6-1 judicial immunity as a district judge. 6-2 Sec. 54.956. WITNESSES. (a) A witness who is sworn and who 6-3 appears before a magistrate is subject to the penalties for perjury 6-4 and aggravated perjury provided by law. 6-5 (b) A referring court may fine or imprison a witness or 6-6 other court participant for failure to appear after being summoned, 6-7 refusal to answer questions, or other acts of direct contempt 6-8 before a magistrate. 6-9 Sec. 54.957. COURT REPORTER. At the request of a party, the 6-10 court shall provide a court reporter to record proceedings before a 6-11 magistrate that the party could require to be recorded if held 6-12 before a judge. 6-13 Sec. 54.958. COSTS OF MAGISTRATE. A court shall determine 6-14 if the nonprevailing party is able to defray the expense of the 6-15 magistrate in each case in which the services of a magistrate have 6-16 been utilized. If the court determines the party can pay all or a 6-17 portion of the expense, the court shall tax the expense as costs of 6-18 court. 6-19 Sec. 54.959. SHERIFF. On request of a magistrate, the 6-20 sheriff, in person or by deputy, shall assist the magistrate. 6-21 Sec. 54.960. CLERK. (a) The district clerk serves as clerk 6-22 for a magistrate for a case under the jurisdiction of a district 6-23 court and for a case under the concurrent jurisdiction of a 6-24 district court and a statutory county court. 6-25 (b) Except as provided by Subsection (a), the county clerk 6-26 serves as the clerk for a magistrate for a case under the 6-27 jurisdiction of a statutory county court. 7-1 (c) A clerk of a justice court serves as the clerk for a 7-2 magistrate for a case under the jurisdiction of a justice court. 7-3 Sec. 54.961. STAFF. The commissioners court shall provide a 7-4 staff to perform the clerical functions for the magistrates. 7-5 SECTION 2. Article 2.09, Code of Criminal Procedure, is 7-6 amended to read as follows: 7-7 Art. 2.09. WHO ARE MAGISTRATES. Each of the following 7-8 officers is a magistrate within the meaning of this Code: The 7-9 justices of the Supreme Court, the judges of the Court of Criminal 7-10 Appeals, the justices of the Courts of Appeals, the judges of the 7-11 District Court, the magistrates appointed by the judges of the 7-12 district courts of Bexar County, Dallas County, Tarrant County, or 7-13 Travis County that give preference to criminal cases, the criminal 7-14 law hearing officers for Harris County appointed under Subchapter 7-15 L, Chapter 54, Government Code, the magistrates appointed by the 7-16 judges of the district courts of Lubbock County or Webb County, the 7-17 magistrates appointed by the judges of the criminal district 7-18 courts of Dallas County or Tarrant County, the masters appointed by 7-19 the judges of the district courts and the county courts at law that 7-20 give preference to criminal cases in Jefferson County, the 7-21 magistrates appointed by the judges of the district courts and the 7-22 statutory county courts of Williamson County, the county judges, 7-23 the judges of the county courts at law, judges of the county 7-24 criminal courts, the judges of statutory probate courts, the 7-25 justices of the peace, the mayors and recorders and the judges of 7-26 the municipal courts of incorporated cities or towns. 7-27 SECTION 3. The importance of this legislation and the 8-1 crowded condition of the calendars in both houses create an 8-2 emergency and an imperative public necessity that the 8-3 constitutional rule requiring bills to be read on three several 8-4 days in each house be suspended, and this rule is hereby suspended, 8-5 and that this Act take effect and be in force from and after its 8-6 passage, and it is so enacted.