By: Ogden, Wentworth, Ellis S.B. No. 1547
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment and duties of criminal magistrates for
1-2 certain courts of Williamson County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 54, Government Code, is amended by adding
1-5 Subchapter P to read as follows:
1-6 SUBCHAPTER P. WILLIAMSON COUNTY CRIMINAL MAGISTRATES
1-7 Sec. 54.951. APPOINTMENT. (a) The judges of the district
1-8 courts and statutory county courts having criminal jurisdiction in
1-9 Williamson County may, by a majority vote of the judges, select
1-10 magistrates to serve the courts of Williamson County having
1-11 jurisdiction in criminal matters.
1-12 (b) The commissioners court shall establish the minimum
1-13 qualifications, salary, benefits, and other compensation of each
1-14 magistrate position and shall determine whether the position is
1-15 full or part-time.
1-16 (c) A magistrate appointed under this section serves at the
1-17 pleasure of a majority of the judges making appointments under this
1-18 section.
1-19 (d) Subject to commissioners court approval of a
1-20 magistrate's total compensation, a magistrate may concurrently
1-21 serve as an associate judge, referee, or master under another
1-22 statute unless that statute prohibits holding another judicial
1-23 position.
2-1 Sec. 54.952. JURISDICTION. A magistrate has concurrent
2-2 criminal jurisdiction with the judges of the statutory county
2-3 courts and justice of the peace courts of Williamson County.
2-4 Sec. 54.953. POWERS AND DUTIES. (a) Except as provided by
2-5 Subsection (b), a magistrate has all of the powers of a magistrate
2-6 under the Code of Criminal Procedure and other laws of this state
2-7 and may administer an oath for any purpose.
2-8 (b) A magistrate who is not an attorney may not issue arrest
2-9 and search warrants.
2-10 (c) A magistrate shall give preference to performing the
2-11 duties of a magistrate under Article 15.17, Code of Criminal
2-12 Procedure.
2-13 (d) A magistrate may enforce a prior judgment or order of a
2-14 justice court in a criminal case. Except for a trial on the merits
2-15 following a plea of not guilty, with the express authorization of
2-16 the justice of the peace, a magistrate may exercise concurrent
2-17 criminal jurisdiction with a justice of the peace to dispose of
2-18 cases arising within the precinct of the authorizing justice of the
2-19 peace as provided by law.
2-20 (e) The judges of the statutory county courts with criminal
2-21 jurisdiction may, by majority vote, designate one or more
2-22 magistrates to hold regular hearings to:
2-23 (1) give admonishments;
2-24 (2) set and review bail and conditions of release;
2-25 (3) appoint legal counsel; and
3-1 (4) determine other routine matters relating to
3-2 preindictment or pending cases within those courts' jurisdiction.
3-3 (f) In the hearings provided under Subsection (e), the
3-4 magistrates shall give preference to the case of an individual held
3-5 in county jail.
3-6 (g) A magistrate may inquire into a defendant's intended
3-7 plea to the charge and set the case for an appropriate hearing
3-8 before a judge or master. Except as provided by Subsection (d) or
3-9 (h), a statement by a defendant under these circumstances
3-10 concerning an intended plea may not be admitted into evidence in
3-11 any other proceeding.
3-12 (h) The magistrate may accept the plea, direct a supervision
3-13 officer to prepare a presentence report, and set the case for
3-14 sentencing before a judge or master, if a defendant pleads guilty,
3-15 nolo contendere, or true after being properly admonished by a
3-16 magistrate who:
3-17 (1) is qualified to serve as judge of the court with
3-18 jurisdiction over the case; and
3-19 (2) has been expressly authorized by the judge to
3-20 accept those pleas.
3-21 Sec. 54.954. MASTERS IN CRIMINAL CASES. (a) The judge of a
3-22 statutory county court with criminal jurisdiction in Williamson
3-23 County may designate a magistrate by written referral order to
3-24 serve as a master in connection with a criminal case pending before
3-25 the court. To serve as master, the magistrate must be qualified to
4-1 serve as judge of the court.
4-2 (b) A magistrate appointed to serve as master may consider
4-3 any referred matter pending before the court but may not conduct a
4-4 trial on the merits following a plea of not guilty.
4-5 (c) The master may:
4-6 (1) conduct hearings;
4-7 (2) regulate proceedings in a hearing and certify acts
4-8 of contempt to the referring court for sanctions;
4-9 (3) compel production of relevant evidence;
4-10 (4) rule on admissibility of evidence;
4-11 (5) issue summons and attachments for the appearance
4-12 of witnesses;
4-13 (6) swear witnesses for hearings;
4-14 (7) examine witnesses;
4-15 (8) hear evidence;
4-16 (9) make findings of fact on evidence;
4-17 (10) formulate conclusions of law;
4-18 (11) recommend the rulings, orders, or judgment to be
4-19 made in a case; and
4-20 (12) do any act and take any measure necessary and
4-21 proper for the efficient performance of the duties required by the
4-22 order of referral.
4-23 (d) Except as provided by Subsection (c), a master may not
4-24 issue a judgment or order but may only certify to the referring
4-25 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
6-1 immediately sign the recommended judgment and sentence.
6-2 Sec. 54.955. JUDICIAL IMMUNITY. A magistrate has the same
6-3 judicial immunity as a district judge.
6-4 Sec. 54.956. WITNESSES. (a) A witness who is sworn and who
6-5 appears before a magistrate is subject to the penalties for perjury
6-6 and aggravated perjury provided by law.
6-7 (b) A referring court may fine or imprison a witness or
6-8 other court participant for failure to appear after being summoned,
6-9 refusal to answer questions, or other acts of direct contempt
6-10 before a magistrate.
6-11 Sec. 54.957. COURT REPORTER. At the request of a party, the
6-12 court shall provide a court reporter to record proceedings before a
6-13 magistrate that the party could require to be recorded if held
6-14 before a judge.
6-15 Sec. 54.958. COSTS OF MAGISTRATE. A court shall determine
6-16 whether the nonprevailing party is able to defray the expense of
6-17 the magistrate in each case in which the services of a magistrate
6-18 have been utilized. If the court determines the party can pay all
6-19 or a portion of the expense, the court shall tax the expense as
6-20 costs of court.
6-21 Sec. 54.959. SHERIFF. On request of a magistrate, the
6-22 sheriff, in person or by deputy, shall assist the magistrate.
6-23 Sec. 54.960. CLERK. (a) The county clerk serves as the
6-24 clerk for a magistrate for a case under the jurisdiction of a
6-25 statutory county court.
7-1 (b) 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
8-1 the municipal courts of incorporated cities or towns.
8-2 SECTION 3. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended,
8-7 and that this Act take effect and be in force from and after its
8-8 passage, and it is so enacted.