By: Ogden, Wentworth S.B. No. 611
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.
1-24 Sec. 54.952. JURISDICTION. A magistrate has concurrent
2-1 criminal jurisdiction with the judges of the statutory county
2-2 courts and justice of the peace courts of Williamson County.
2-3 Sec. 54.953. POWERS AND DUTIES. (a) Except as provided by
2-4 Subsection (b), a magistrate has all of the powers of a magistrate
2-5 under the Code of Criminal Procedure and other laws of this state
2-6 and may administer an oath for any purpose.
2-7 (b) A magistrate who is not an attorney may not issue arrest
2-8 and search warrants.
2-9 (c) A magistrate shall give preference to performing the
2-10 duties of a magistrate under Article 15.17, Code of Criminal
2-11 Procedure.
2-12 (d) A magistrate may enforce a prior judgment or order of a
2-13 justice court in a criminal case. Except for a trial on the merits
2-14 following a plea of not guilty, with the express authorization of
2-15 the justice of the peace, a magistrate may exercise concurrent
2-16 criminal jurisdiction with a justice of the peace to dispose as
2-17 provided by law of cases arising within the precinct of the
2-18 authorizing justice of the peace.
2-19 (e) The judges of the statutory county courts with criminal
2-20 jurisdiction may, by majority vote, designate one or more
2-21 magistrates to hold regular hearings to:
2-22 (1) give admonishments;
2-23 (2) set and review bail and conditions of release;
2-24 (3) appoint legal counsel; and
2-25 (4) determine other routine matters relating to
2-26 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
4-1 trial on the merits following a plea of not guilty.
4-2 (c) The master may:
4-3 (1) conduct hearings;
4-4 (2) regulate proceedings in a hearing and certify acts
4-5 of contempt to the referring court for sanctions;
4-6 (3) compel production of relevant evidence;
4-7 (4) rule on admissibility of evidence;
4-8 (5) issue summons and attachments for the appearance
4-9 of witnesses;
4-10 (6) swear witnesses for hearings;
4-11 (7) examine witnesses;
4-12 (8) hear evidence;
4-13 (9) make findings of fact on evidence;
4-14 (10) formulate conclusions of law;
4-15 (11) recommend the rulings, orders, or judgment to be
4-16 made in a case; and
4-17 (12) do any act and take any measure necessary and
4-18 proper for the efficient performance of the duties required by the
4-19 order of referral.
4-20 (d) Except as provided by Subsection (c), a master may not
4-21 issue a judgment or order but may only certify to the referring
4-22 court the master's findings of fact, conclusions of law, and
4-23 recommended judgment or order.
4-24 (e) Except as provided by Subsection (g), the defendant or
4-25 the attorney representing the state may obtain de novo review by
4-26 the referring court if the de novo review is requested in writing
5-1 not later than the third day after the date on which notice of the
5-2 recommended judgment or order is received by the requestor. A
5-3 request for review must set out specifically complaints regarding
5-4 the master's findings of fact, conclusions of law, and
5-5 recommendations. Review is limited to the issues complained of by
5-6 one or both parties.
5-7 (f) If no request for review is received, the referring
5-8 court shall, not later than the 10th day after the date on which
5-9 the parties receive notice of the recommendation, enter a judgment
5-10 or order that approves, modifies, corrects, rejects, reverses, or
5-11 recommits for further information the recommendation of the master.
5-12 If no action is taken within that time, the recommendation is
5-13 considered rejected and the court must reconsider the matter de
5-14 novo as if the matter had not been referred.
5-15 (g) A plea bargaining agreement between the state and the
5-16 defendant may provide that both parties waive the right to review
5-17 or appeal a master's sentencing recommendation. The waiver must be
5-18 signed by both parties and filed with the master. The defendant
5-19 may withdraw the plea if the master rejects the agreement. The
5-20 referring judge may reject the recommendation of the master and
5-21 permit withdrawal of the plea or approve the agreement and
5-22 immediately sign the recommended judgment and sentence.
5-23 Sec. 54.955. JUDICIAL IMMUNITY. A magistrate has the same
5-24 judicial immunity as a district judge.
5-25 Sec. 54.956. WITNESSES. (a) A witness who is sworn and who
5-26 appears before a magistrate is subject to the penalties for perjury
6-1 and aggravated perjury provided by law.
6-2 (b) A referring court may fine or imprison a witness or
6-3 other court participant for failure to appear after being summoned,
6-4 refusal to answer questions, or other acts of direct contempt
6-5 before a magistrate.
6-6 Sec. 54.957. COURT REPORTER. At the request of a party, the
6-7 court shall provide a court reporter to record proceedings before a
6-8 magistrate that the party could require to be recorded if held
6-9 before a judge.
6-10 Sec. 54.958. COSTS OF MAGISTRATE. A court shall determine
6-11 whether the nonprevailing party is able to defray the expense of
6-12 the magistrate in each case in which the services of a magistrate
6-13 are used. If the court determines the party can pay all or a
6-14 portion of the expense, the court shall tax the expense as costs of
6-15 court.
6-16 Sec. 54.959. SHERIFF. On request of a magistrate, the
6-17 sheriff, in person or by deputy, shall assist the magistrate.
6-18 Sec. 54.960. CLERK. (a) The district clerk serves as the
6-19 clerk for a magistrate for a case under the jurisdiction of a
6-20 district court.
6-21 (b) The county clerk serves as the clerk for a magistrate
6-22 for a case under the jurisdiction of a statutory county court.
6-23 (c) A clerk of a justice court serves as the clerk for a
6-24 magistrate for a case under the jurisdiction of a justice court.
6-25 Sec. 54.961. STAFF. The commissioners court shall provide a
6-26 staff to perform clerical functions for the magistrates.
7-1 SECTION 2. Article 2.09, Code of Criminal Procedure, is
7-2 amended to read as follows:
7-3 Art. 2.09. WHO ARE MAGISTRATES. Each of the following
7-4 officers is a magistrate within the meaning of this Code: The
7-5 justices of the Supreme Court, the judges of the Court of Criminal
7-6 Appeals, the justices of the Courts of Appeals, the judges of the
7-7 District Court, the magistrates appointed by the judges of the
7-8 district courts of Bexar County, Dallas County, Tarrant County, or
7-9 Travis County that give preference to criminal cases, the criminal
7-10 law hearing officers for Harris County appointed under Subchapter
7-11 L, Chapter 54, Government Code, the magistrates appointed by the
7-12 judges of the district courts of Lubbock County or Webb County, the
7-13 magistrates appointed by the judges of the criminal district
7-14 courts of Dallas County or Tarrant County, the masters appointed by
7-15 the judges of the district courts and the county courts at law that
7-16 give preference to criminal cases in Jefferson County, the
7-17 magistrates appointed by the judges of the district courts and the
7-18 statutory county courts of Williamson County, the county judges,
7-19 the judges of the county courts at law, judges of the county
7-20 criminal courts, the judges of statutory probate courts, the
7-21 justices of the peace, the mayors and recorders and the judges of
7-22 the municipal courts of incorporated cities or towns.
7-23 SECTION 3. The importance of this legislation and the
7-24 crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended,
8-2 and that this Act take effect and be in force from and after its
8-3 passage, and it is so enacted.