1-1 By: Ogden S.B. No. 1547 1-2 (In the Senate - Filed March 14, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 7, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 7, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1547 By: Ogden 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the appointment and duties of criminal magistrates for 1-11 certain courts of Williamson County. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 54, Government Code, is amended by adding 1-14 Subchapter P to read as follows: 1-15 SUBCHAPTER P. WILLIAMSON COUNTY CRIMINAL MAGISTRATES 1-16 Sec. 54.951. APPOINTMENT. (a) The judges of the district 1-17 courts and statutory county courts having criminal jurisdiction in 1-18 Williamson County may, by a majority vote of the judges, select 1-19 magistrates to serve the courts of Williamson County having 1-20 jurisdiction in criminal matters. 1-21 (b) The commissioners court shall establish the minimum 1-22 qualifications, salary, benefits, and other compensation of each 1-23 magistrate position and shall determine whether the position is 1-24 full or part-time. 1-25 (c) A magistrate appointed under this section serves at the 1-26 pleasure of a majority of the judges making appointments under this 1-27 section. 1-28 (d) Subject to commissioners court approval of a 1-29 magistrate's total compensation, a magistrate may concurrently 1-30 serve as an associate judge, referee, or master under another 1-31 statute unless that statute prohibits holding another judicial 1-32 position. 1-33 Sec. 54.952. JURISDICTION. A magistrate has concurrent 1-34 criminal jurisdiction with the judges of the statutory county 1-35 courts and justice of the peace courts of Williamson County. 1-36 Sec. 54.953. POWERS AND DUTIES. (a) Except as provided by 1-37 Subsection (b), a magistrate has all of the powers of a magistrate 1-38 under the Code of Criminal Procedure and other laws of this state 1-39 and may administer an oath for any purpose. 1-40 (b) A magistrate who is not an attorney may not issue arrest 1-41 and search warrants. 1-42 (c) A magistrate shall give preference to performing the 1-43 duties of a magistrate under Article 15.17, Code of Criminal 1-44 Procedure. 1-45 (d) A magistrate may enforce a prior judgment or order of a 1-46 justice court in a criminal case. Except for a trial on the merits 1-47 following a plea of not guilty, with the express authorization of 1-48 the justice of the peace, a magistrate may exercise concurrent 1-49 criminal jurisdiction with a justice of the peace to dispose of 1-50 cases arising within the precinct of the authorizing justice of the 1-51 peace as provided by law. 1-52 (e) The judges of the statutory county courts with criminal 1-53 jurisdiction may, by majority vote, designate one or more 1-54 magistrates to hold regular hearings to: 1-55 (1) give admonishments; 1-56 (2) set and review bail and conditions of release; 1-57 (3) appoint legal counsel; and 1-58 (4) determine other routine matters relating to 1-59 preindictment or pending cases within those courts' jurisdiction. 1-60 (f) In the hearings provided under Subsection (e), the 1-61 magistrates shall give preference to the case of an individual held 1-62 in county jail. 1-63 (g) A magistrate may inquire into a defendant's intended 1-64 plea to the charge and set the case for an appropriate hearing 2-1 before a judge or master. Except as provided by Subsection (d) or 2-2 (h), a statement by a defendant under these circumstances 2-3 concerning an intended plea may not be admitted into evidence in 2-4 any other proceeding. 2-5 (h) The magistrate may accept the plea, direct a supervision 2-6 officer to prepare a presentence report, and set the case for 2-7 sentencing before a judge or master, if a defendant pleads guilty, 2-8 nolo contendere, or true after being properly admonished by a 2-9 magistrate who: 2-10 (1) is qualified to serve as judge of the court with 2-11 jurisdiction over the case; and 2-12 (2) has been expressly authorized by the judge to 2-13 accept those pleas. 2-14 Sec. 54.954. MASTERS IN CRIMINAL CASES. (a) The judge of a 2-15 statutory county court with criminal jurisdiction in Williamson 2-16 County may designate a magistrate by written referral order to 2-17 serve as a master in connection with a criminal case pending before 2-18 the court. To serve as master, the magistrate must be qualified to 2-19 serve as judge of the court. 2-20 (b) A magistrate appointed to serve as master may consider 2-21 any referred matter pending before the court but may not conduct a 2-22 trial on the merits following a plea of not guilty. 2-23 (c) The master may: 2-24 (1) conduct hearings; 2-25 (2) regulate proceedings in a hearing and certify acts 2-26 of contempt to the referring court for sanctions; 2-27 (3) compel production of relevant evidence; 2-28 (4) rule on admissibility of evidence; 2-29 (5) issue summons and attachments for the appearance 2-30 of witnesses; 2-31 (6) swear witnesses for hearings; 2-32 (7) examine witnesses; 2-33 (8) hear evidence; 2-34 (9) make findings of fact on evidence; 2-35 (10) formulate conclusions of law; 2-36 (11) recommend the rulings, orders, or judgment to be 2-37 made in a case; and 2-38 (12) do any act and take any measure necessary and 2-39 proper for the efficient performance of the duties required by the 2-40 order of referral. 2-41 (d) Except as provided by Subsection (c), a master may not 2-42 issue a judgment or order but may only certify to the referring 2-43 court the master's findings of fact, conclusions of law, and 2-44 recommended judgment or order. 2-45 (e) Except as provided by Subsection (g), the defendant or 2-46 the attorney representing the state may obtain de novo review by 2-47 the referring court if the de novo review is requested in writing 2-48 not later than the third day after the date on which notice of the 2-49 recommended judgment or order is received by the requestor. A 2-50 request for review must set out specifically complaints regarding 2-51 the master's findings of fact, conclusions of law, and 2-52 recommendations. Review is limited to the issues complained of by 2-53 one or both parties. 2-54 (f) If no request for review is received, the referring 2-55 court shall, not later than the 10th day after the date on which 2-56 the parties receive notice of the recommendation, enter a judgment 2-57 or order that approves, modifies, corrects, rejects, reverses, or 2-58 recommits for further information the recommendation of the master. 2-59 If no action is taken within that time, the recommendation is 2-60 considered rejected and the court must reconsider the matter de 2-61 novo as if the matter had not been referred. 2-62 (g) A plea bargaining agreement between the state and the 2-63 defendant may provide that both parties waive the right to review 2-64 or appeal of a master's sentencing recommendation. The waiver must 2-65 be signed by both parties and filed with the master. The defendant 2-66 may withdraw the plea if the master rejects the agreement. The 2-67 referring judge may reject the recommendation of the master and 2-68 permit withdrawal of the plea or approve the agreement and 2-69 immediately sign the recommended judgment and sentence. 3-1 Sec. 54.955. JUDICIAL IMMUNITY. A magistrate has the same 3-2 judicial immunity as a district judge. 3-3 Sec. 54.956. WITNESSES. (a) A witness who is sworn and who 3-4 appears before a magistrate is subject to the penalties for perjury 3-5 and aggravated perjury provided by law. 3-6 (b) A referring court may fine or imprison a witness or 3-7 other court participant for failure to appear after being summoned, 3-8 refusal to answer questions, or other acts of direct contempt 3-9 before a magistrate. 3-10 Sec. 54.957. COURT REPORTER. At the request of a party, the 3-11 court shall provide a court reporter to record proceedings before a 3-12 magistrate that the party could require to be recorded if held 3-13 before a judge. 3-14 Sec. 54.958. COSTS OF MAGISTRATE. A court shall determine 3-15 whether the nonprevailing party is able to defray the expense of 3-16 the magistrate in each case in which the services of a magistrate 3-17 have been utilized. If the court determines the party can pay all 3-18 or a portion of the expense, the court shall tax the expense as 3-19 costs of court. 3-20 Sec. 54.959. SHERIFF. On request of a magistrate, the 3-21 sheriff, in person or by deputy, shall assist the magistrate. 3-22 Sec. 54.960. CLERK. (a) The county clerk serves as the 3-23 clerk for a magistrate for a case under the jurisdiction of a 3-24 statutory county court. 3-25 (b) A clerk of a justice court serves as the clerk for a 3-26 magistrate for a case under the jurisdiction of a justice court. 3-27 Sec. 54.961. STAFF. The commissioners court shall provide a 3-28 staff to perform the clerical functions for the magistrates. 3-29 SECTION 2. Article 2.09, Code of Criminal Procedure, is 3-30 amended to read as follows: 3-31 Art. 2.09. WHO ARE MAGISTRATES. Each of the following 3-32 officers is a magistrate within the meaning of this Code: The 3-33 justices of the Supreme Court, the judges of the Court of Criminal 3-34 Appeals, the justices of the Courts of Appeals, the judges of the 3-35 District Court, the magistrates appointed by the judges of the 3-36 district courts of Bexar County, Dallas County, Tarrant County, or 3-37 Travis County that give preference to criminal cases, the criminal 3-38 law hearing officers for Harris County appointed under Subchapter 3-39 L, Chapter 54, Government Code, the magistrates appointed by the 3-40 judges of the district courts of Lubbock County or Webb County, the 3-41 magistrates appointed by the judges of the criminal district 3-42 courts of Dallas County or Tarrant County, the masters appointed by 3-43 the judges of the district courts and the county courts at law that 3-44 give preference to criminal cases in Jefferson County, the 3-45 magistrates appointed by the judges of the district courts and the 3-46 statutory county courts of Williamson County, the county judges, 3-47 the judges of the county courts at law, judges of the county 3-48 criminal courts, the judges of statutory probate courts, the 3-49 justices of the peace, the mayors and recorders and the judges of 3-50 the municipal courts of incorporated cities or towns. 3-51 SECTION 3. The importance of this legislation and the 3-52 crowded condition of the calendars in both houses create an 3-53 emergency and an imperative public necessity that the 3-54 constitutional rule requiring bills to be read on three several 3-55 days in each house be suspended, and this rule is hereby suspended, 3-56 and that this Act take effect and be in force from and after its 3-57 passage, and it is so enacted. 3-58 * * * * *