1-1 By: Carona S.B. No. 611
1-2 (In the Senate - Filed February 14, 1997; February 19, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 4, 1997, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to criminal law magistrates in Dallas County.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (a), Section 54.301, Government Code,
1-11 is amended to read as follows:
1-12 (a) Each judge of a district court of Dallas County that
1-13 gives preference to criminal cases, [and] each judge of a criminal
1-14 district court of Dallas County, and each judge of a county
1-15 criminal court of Dallas County, with the consent and approval of
1-16 the Commissioners Court of Dallas County, may appoint a magistrate
1-17 to perform the duties authorized by this subchapter.
1-18 SECTION 2. Subsection (a), Section 54.306, Government Code,
1-19 is amended to read as follows:
1-20 (a) A judge may refer to a magistrate any matter arising out
1-21 of a criminal case [for proceedings] involving:
1-22 (1) a negotiated plea of guilty or nolo contendere
1-23 before the court;
1-24 (2) a bond forfeiture;
1-25 (3) a pretrial motion;
1-26 (4) a postconviction writ of habeas corpus;
1-27 (5) an examining trial; [and]
1-28 (6) an occupational driver's license; and
1-29 (7) any other matter the judge considers necessary and
1-30 proper.
1-31 SECTION 3. Subsection (c), Section 54.308, Government Code,
1-32 is amended to read as follows:
1-33 (c) Except as limited by an order of referral, a magistrate
1-34 who is appointed by a district court judge and to whom a case is
1-35 referred may accept a [guilty] plea of guilty or nolo contendere in
1-36 a misdemeanor case for a county criminal court. The magistrate
1-37 shall forward any fee or fine collected for the misdemeanor offense
1-38 to the county clerk.
1-39 SECTION 4. Section 54.309, Government Code, is amended to
1-40 read as follows:
1-41 Sec. 54.309. COURT REPORTER. At the request of a party in a
1-42 felony case, the court shall provide a court reporter to record the
1-43 proceedings before the magistrate.
1-44 SECTION 5. The importance of this legislation and the
1-45 crowded condition of the calendars in both houses create an
1-46 emergency and an imperative public necessity that the
1-47 constitutional rule requiring bills to be read on three several
1-48 days in each house be suspended, and this rule is hereby suspended,
1-49 and that this Act take effect and be in force from and after its
1-50 passage, and it is so enacted.
1-51 * * * * *