By: Carona S.B. No. 611
A BILL TO BE ENTITLED
AN ACT
1-1 relating to criminal law magistrates in Dallas County.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 54.301, Government Code,
1-4 is amended to read as follows:
1-5 (a) Each judge of a district court of Dallas County that
1-6 gives preference to criminal cases, [and] each judge of a criminal
1-7 district court of Dallas County, and each judge of a county
1-8 criminal court of Dallas County, with the consent and approval of
1-9 the Commissioners Court of Dallas County, may appoint a magistrate
1-10 to perform the duties authorized by this subchapter.
1-11 SECTION 2. Subsection (a), Section 54.306, Government Code,
1-12 is amended to read as follows:
1-13 (a) A judge may refer to a magistrate any matter arising out
1-14 of a criminal case [for proceedings] involving:
1-15 (1) a negotiated plea of guilty or nolo contendere
1-16 before the court;
1-17 (2) a bond forfeiture;
1-18 (3) a pretrial motion;
1-19 (4) a postconviction writ of habeas corpus;
1-20 (5) an examining trial; [and]
1-21 (6) an occupational driver's license; and
1-22 (7) any other matter the judge considers necessary and
1-23 proper.
2-1 SECTION 3. Subsection (c), Section 54.308, Government Code,
2-2 is amended to read as follows:
2-3 (c) Except as limited by an order of referral, a magistrate
2-4 who is appointed by a district court judge and to whom a case is
2-5 referred may accept a [guilty] plea of guilty or nolo contendere in
2-6 a misdemeanor case for a county criminal court. The magistrate
2-7 shall forward any fee or fine collected for the misdemeanor offense
2-8 to the county clerk.
2-9 SECTION 4. Section 54.309, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 54.309. COURT REPORTER. At the request of a party in
2-12 a felony case, the court shall provide a court reporter to record
2-13 the proceedings before the magistrate.
2-14 SECTION 5. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.