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-time 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. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 611 passed the Senate on March 11, 1999, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 611 passed the House on May 26, 1999, by the following vote: Yeas 144, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor