By Carona                                        S.B. No. 611

      75R2891 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to criminal law magistrates in Dallas County.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 54.301(a), Government Code, is amended to

 1-5     read as follows:

 1-6           (a)  Each judge of a district court of Dallas County that

 1-7     gives preference to criminal cases, [and] each judge of a criminal

 1-8     district court of Dallas County, and each judge of a county

 1-9     criminal court of  Dallas County, with the consent and approval of

1-10     the Commissioners Court of Dallas County, may appoint a magistrate

1-11     to perform the duties authorized by this subchapter.

1-12           SECTION 2.  Section 54.306(a), Government Code, is amended to

1-13     read as follows:

1-14           (a)  A judge may refer to a magistrate any matter arising out

1-15     of a criminal case [for proceedings] involving:

1-16                 (1)  a negotiated plea of guilty or nolo contendere

1-17     before the court;

1-18                 (2)  a bond forfeiture;

1-19                 (3)  a pretrial motion;

1-20                 (4)  a postconviction writ of habeas corpus;

1-21                 (5)  an examining trial; [and]

1-22                 (6)  an occupational driver's license; and

1-23                 (7)  any other matter the judge considers necessary and

1-24     proper.

 2-1           SECTION 3.  Section 54.308(c), Government Code, is amended to

 2-2     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.