By Krusee H.B. No. 1633 76R2717 DB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the appointment and duties of criminal magistrates for 1-3 certain courts of Williamson County. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 54, Government Code, is amended by adding 1-6 Subchapter P to read as follows: 1-7 SUBCHAPTER P. WILLIAMSON COUNTY CRIMINAL MAGISTRATES 1-8 Sec. 54.951. APPOINTMENT. (a) The judges of the district 1-9 courts and statutory county courts having criminal jurisdiction in 1-10 Williamson County may, by a majority vote of the judges, select 1-11 magistrates to serve the courts of Williamson County having 1-12 jurisdiction in criminal matters. 1-13 (b) The commissioners court shall establish the minimum 1-14 qualifications, salary, benefits, and other compensation of each 1-15 magistrate position and shall determine whether the position is 1-16 full or part-time. 1-17 (c) A magistrate appointed under this section serves at the 1-18 pleasure of a majority of the judges making appointments under this 1-19 section. 1-20 (d) Subject to commissioners court approval of a 1-21 magistrate's total compensation, a magistrate may concurrently 1-22 serve as an associate judge, referee, or master under another 1-23 statute unless that statute prohibits holding another judicial 1-24 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 as 2-18 provided by law of cases arising within the precinct of the 2-19 authorizing justice of the peace. 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 2-26 (4) determine other routine matters relating to 2-27 preindictment or pending cases within those courts' jurisdiction. 3-1 (f) In the hearings provided under Subsection (e), a 3-2 magistrate shall give preference to the case of an individual held 3-3 in county jail. 3-4 (g) A magistrate may inquire into a defendant's intended 3-5 plea to the charge and set the case for an appropriate hearing 3-6 before a judge or master. Except as provided by Subsection (d) or 3-7 (h), a statement by a defendant under these circumstances 3-8 concerning an intended plea may not be admitted into evidence in 3-9 any other proceeding. 3-10 (h) The magistrate may accept the plea, direct a supervision 3-11 officer to prepare a presentence report, and set the case for 3-12 sentencing before a judge or master, if a defendant pleads guilty, 3-13 nolo contendere, or true after being properly admonished by a 3-14 magistrate who: 3-15 (1) is qualified to serve as judge of the court with 3-16 jurisdiction over the case; and 3-17 (2) has been expressly authorized by the judge to 3-18 accept those pleas. 3-19 Sec. 54.954. MASTERS IN CRIMINAL CASES. (a) The judge of a 3-20 statutory county court with criminal jurisdiction in Williamson 3-21 County may designate a magistrate by written referral order to 3-22 serve as a master in connection with a criminal case pending before 3-23 the court. To serve as master, the magistrate must be qualified to 3-24 serve as judge of the court. 3-25 (b) A magistrate appointed to serve as master may consider 3-26 any referred matter pending before the court but may not conduct a 3-27 trial on the merits following a plea of not guilty. 4-1 (c) The master may: 4-2 (1) conduct hearings; 4-3 (2) regulate proceedings in a hearing and certify acts 4-4 of contempt to the referring court for sanctions; 4-5 (3) compel production of relevant evidence; 4-6 (4) rule on admissibility of evidence; 4-7 (5) issue summons and attachments for the appearance 4-8 of witnesses; 4-9 (6) swear witnesses for hearings; 4-10 (7) examine witnesses; 4-11 (8) hear evidence; 4-12 (9) make findings of fact on evidence; 4-13 (10) formulate conclusions of law; 4-14 (11) recommend the rulings, orders, or judgment to be 4-15 made in a case; and 4-16 (12) do any act and take any measure necessary and 4-17 proper for the efficient performance of the duties required by the 4-18 order of referral. 4-19 (d) Except as provided by Subsection (c), a master may not 4-20 issue a judgment or order but may only certify to the referring 4-21 court the master's findings of fact, conclusions of law, and 4-22 recommended judgment or order. 4-23 (e) Except as provided by Subsection (g), the defendant or 4-24 the attorney representing the state may obtain de novo review by 4-25 the referring court if the de novo review is requested in writing 4-26 not later than the third day after the date on which notice of the 4-27 recommended judgment or order is received by the requestor. A 5-1 request for review must set out specifically complaints regarding 5-2 the master's findings of fact, conclusions of law, and 5-3 recommendations. Review is limited to the issues complained of by 5-4 one or both parties. 5-5 (f) If no request for review is received, the referring 5-6 court shall, not later than the 10th day after the date on which 5-7 the parties receive notice of the recommendation, enter a judgment 5-8 or order that approves, modifies, corrects, rejects, reverses, or 5-9 recommits for further information the recommendation of the master. 5-10 If no action is taken within that time, the recommendation is 5-11 considered rejected and the court must reconsider the matter de 5-12 novo as if the matter had not been referred. 5-13 (g) A plea bargaining agreement between the state and the 5-14 defendant may provide that both parties waive the right to review 5-15 or appeal of a master's sentencing recommendation. The waiver must 5-16 be signed by both parties and filed with the master. The defendant 5-17 may withdraw the plea if the master rejects the agreement. The 5-18 referring judge may reject the recommendation of the master and 5-19 permit withdrawal of the plea or approve the agreement and 5-20 immediately sign the recommended judgment and sentence. 5-21 Sec. 54.955. JUDICIAL IMMUNITY. A magistrate has the same 5-22 judicial immunity as a district judge. 5-23 Sec. 54.956. WITNESSES. (a) A witness who is sworn and who 5-24 appears before a magistrate is subject to the penalties for perjury 5-25 and aggravated perjury provided by law. 5-26 (b) A referring court may fine or imprison a witness or 5-27 other court participant for failure to appear after being summoned, 6-1 refusal to answer questions, or other acts of direct contempt 6-2 before a magistrate. 6-3 Sec. 54.957. COURT REPORTER. At the request of a party, the 6-4 court shall provide a court reporter to record proceedings before a 6-5 magistrate that the party could require to be recorded if held 6-6 before a judge. 6-7 Sec. 54.958. COSTS OF MAGISTRATE. A court shall determine 6-8 whether the nonprevailing party is able to defray the expense of 6-9 the magistrate in each case in which the services of a magistrate 6-10 are used. If the court determines the party can pay all or a 6-11 portion of the expense, the court shall tax the expense as costs of 6-12 court. 6-13 Sec. 54.959. SHERIFF. On request of a magistrate, the 6-14 sheriff, in person or by deputy, shall assist the magistrate. 6-15 Sec. 54.960. CLERK. (a) The district clerk serves as the 6-16 clerk for a magistrate for a case under the jurisdiction of a 6-17 district court. 6-18 (b) The county clerk serves as the clerk for a magistrate 6-19 for a case under the jurisdiction of a statutory county court. 6-20 (c) A clerk of a justice court serves as the clerk for a 6-21 magistrate for a case under the jurisdiction of a justice court. 6-22 Sec. 54.961. STAFF. The commissioners court shall provide a 6-23 staff to perform the clerical functions for the magistrates. 6-24 SECTION 2. Article 2.09, Code of Criminal Procedure, is 6-25 amended to read as follows: 6-26 Art. 2.09. WHO ARE MAGISTRATES. Each of the following 6-27 officers is a magistrate within the meaning of this Code: The 7-1 justices of the Supreme Court, the judges of the Court of Criminal 7-2 Appeals, the justices of the Courts of Appeals, the judges of the 7-3 District Court, the magistrates appointed by the judges of the 7-4 district courts of Bexar County, Dallas County, Tarrant County, or 7-5 Travis County that give preference to criminal cases, the criminal 7-6 law hearing officers for Harris County appointed under Subchapter 7-7 L, Chapter 54, Government Code, the magistrates appointed by the 7-8 judges of the district courts of Lubbock County or Webb County, the 7-9 magistrates appointed by the judges of the criminal district 7-10 courts of Dallas County or Tarrant County, the masters appointed by 7-11 the judges of the district courts and the county courts at law that 7-12 give preference to criminal cases in Jefferson County, the 7-13 magistrates appointed by the judges of the district courts and the 7-14 statutory county courts of Williamson County, the county judges, 7-15 the judges of the county courts at law, judges of the county 7-16 criminal courts, the judges of statutory probate courts, the 7-17 justices of the peace, the mayors and recorders and the judges of 7-18 the municipal courts of incorporated cities or towns. 7-19 SECTION 3. The importance of this legislation and the 7-20 crowded condition of the calendars in both houses create an 7-21 emergency and an imperative public necessity that the 7-22 constitutional rule requiring bills to be read on three several 7-23 days in each house be suspended, and this rule is hereby suspended, 7-24 and that this Act take effect and be in force from and after its 7-25 passage, and it is so enacted.