1-1     By:  Ogden                                             S.B. No. 611
 1-2           (In the Senate - Filed February 19, 1999; February 22, 1999,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; March 4, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; March 4, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the appointment and duties of criminal magistrates for
 1-9     certain courts of Williamson County.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 54, Government Code, is amended by adding
1-12     Subchapter P to read as follows:
1-13            SUBCHAPTER P.  WILLIAMSON COUNTY CRIMINAL MAGISTRATES
1-14           Sec. 54.951.  APPOINTMENT.  (a)  The judges of the district
1-15     courts and statutory county courts having criminal jurisdiction in
1-16     Williamson County may, by a majority vote of the judges, select
1-17     magistrates to serve the courts of Williamson County having
1-18     jurisdiction in criminal matters.
1-19           (b)  The commissioners court shall establish the minimum
1-20     qualifications, salary, benefits, and other compensation of each
1-21     magistrate position and shall determine whether the position is
1-22     full or part-time.
1-23           (c)  A magistrate appointed under this section serves at the
1-24     pleasure of a majority of the judges making appointments under this
1-25     section.
1-26           (d)  Subject to commissioners court approval of a
1-27     magistrate's total compensation, a magistrate may concurrently
1-28     serve as an associate judge, referee, or master under another
1-29     statute unless that statute prohibits holding another judicial
1-30     position.
1-31           Sec. 54.952.  JURISDICTION.  A magistrate has concurrent
1-32     criminal jurisdiction with the judges of the statutory county
1-33     courts and justice of the peace courts of Williamson County.
1-34           Sec. 54.953.  POWERS AND DUTIES.  (a)  Except as provided by
1-35     Subsection (b), a magistrate has all of the powers of a magistrate
1-36     under the Code of Criminal Procedure and other laws of this state
1-37     and may administer an oath for any purpose.
1-38           (b)  A magistrate who is not an attorney may not issue arrest
1-39     and search warrants.
1-40           (c)  A magistrate shall give preference to performing the
1-41     duties of a magistrate under Article 15.17, Code of Criminal
1-42     Procedure.
1-43           (d)  A magistrate may enforce a prior judgment or order of a
1-44     justice court in a criminal case.  Except for a trial on the merits
1-45     following a plea of not guilty, with the express authorization of
1-46     the justice of the peace, a magistrate may exercise concurrent
1-47     criminal jurisdiction with a justice of the peace to dispose as
1-48     provided by law of cases arising within the precinct of the
1-49     authorizing justice of the peace.
1-50           (e)  The judges of the statutory county courts with criminal
1-51     jurisdiction may, by majority vote, designate one or more
1-52     magistrates to hold regular hearings to:
1-53                 (1)  give admonishments;
1-54                 (2)  set and review bail and conditions of release;
1-55                 (3)  appoint legal counsel; and
1-56                 (4)  determine other routine matters relating to
1-57     preindictment or pending cases within those courts' jurisdiction.
1-58           (f)  In the hearings provided under Subsection (e), a
1-59     magistrate shall give preference to the case of an individual held
1-60     in county jail.
1-61           (g)  A magistrate may inquire into a defendant's intended
1-62     plea to the charge and set the case for an appropriate hearing
1-63     before a judge or master.  Except as provided by Subsection (d) or
1-64     (h), a statement by a defendant under these circumstances
 2-1     concerning an intended plea may not be admitted into evidence in
 2-2     any other proceeding.
 2-3           (h)  The magistrate may accept the plea, direct a supervision
 2-4     officer to prepare a presentence report, and set the case for
 2-5     sentencing before a judge or master, if a defendant pleads guilty,
 2-6     nolo contendere, or true after being properly admonished by a
 2-7     magistrate who:
 2-8                 (1)  is qualified to serve as judge of the court with
 2-9     jurisdiction over the case; and
2-10                 (2)  has been expressly authorized by the judge to
2-11     accept those pleas.
2-12           Sec. 54.954.  MASTERS IN CRIMINAL CASES.  (a)  The judge of a
2-13     statutory county court with criminal jurisdiction in Williamson
2-14     County may designate a magistrate by written referral order to
2-15     serve as a master in connection with a criminal case pending before
2-16     the court.  To serve as master, the magistrate must be qualified to
2-17     serve as judge of the court.
2-18           (b)  A magistrate appointed to serve as master may consider
2-19     any referred matter pending before the court but may not conduct a
2-20     trial on the merits following a plea of not guilty.
2-21           (c)  The master may:
2-22                 (1)  conduct hearings;
2-23                 (2)  regulate proceedings in a hearing and certify acts
2-24     of contempt to the referring court for sanctions;
2-25                 (3)  compel production of relevant evidence;
2-26                 (4)  rule on admissibility of evidence;
2-27                 (5)  issue summons and attachments for the appearance
2-28     of witnesses;
2-29                 (6)  swear witnesses for hearings;
2-30                 (7)  examine witnesses;
2-31                 (8)  hear evidence;
2-32                 (9)  make findings of fact on evidence;
2-33                 (10)  formulate conclusions of law;
2-34                 (11)  recommend the rulings, orders, or judgment to be
2-35     made in a case; and
2-36                 (12)  do any act and take any measure necessary and
2-37     proper for the efficient performance of the duties required by the
2-38     order of referral.
2-39           (d)  Except as provided by Subsection (c), a master may not
2-40     issue a judgment or order but may only certify to the referring
2-41     court the master's findings of fact, conclusions of law, and
2-42     recommended judgment or order.
2-43           (e)  Except as provided by Subsection (g), the defendant or
2-44     the attorney representing the state may obtain de novo review by
2-45     the referring court if the de novo review is requested in writing
2-46     not later than the third day after the date on which notice of the
2-47     recommended judgment or order is received by the requestor.  A
2-48     request for review must set out specifically complaints regarding
2-49     the master's findings of fact, conclusions of law, and
2-50     recommendations.  Review is limited to the issues complained of by
2-51     one or both parties.
2-52           (f)  If no request for review is received, the referring
2-53     court shall, not later than the 10th day after the date on which
2-54     the parties receive notice of the recommendation, enter a judgment
2-55     or order that approves, modifies, corrects, rejects, reverses, or
2-56     recommits for further information the recommendation of the master.
2-57     If no action is taken within that time, the recommendation is
2-58     considered rejected and the court must reconsider the matter de
2-59     novo as if the matter had not been referred.
2-60           (g)  A plea bargaining agreement between the state and the
2-61     defendant may provide that both parties waive the right to review
2-62     or appeal a master's sentencing recommendation.  The waiver must be
2-63     signed by both parties and filed with the master.  The defendant
2-64     may withdraw the plea if the master rejects the agreement.  The
2-65     referring judge may reject the recommendation of the master and
2-66     permit withdrawal of the plea or approve the agreement and
2-67     immediately sign the recommended judgment and sentence.
2-68           Sec. 54.955.  JUDICIAL IMMUNITY.  A magistrate has the same
2-69     judicial immunity as a district judge.
 3-1           Sec. 54.956.  WITNESSES.  (a)  A witness who is sworn and who
 3-2     appears before a magistrate is subject to the penalties for perjury
 3-3     and aggravated perjury provided by law.
 3-4           (b)  A referring court may fine or imprison a witness or
 3-5     other court participant for failure to appear after being summoned,
 3-6     refusal to answer questions, or other acts of direct contempt
 3-7     before a magistrate.
 3-8           Sec. 54.957.  COURT REPORTER.  At the request of a party, the
 3-9     court shall provide a court reporter to record proceedings before a
3-10     magistrate that the party could require to be recorded if held
3-11     before a judge.
3-12           Sec. 54.958.  COSTS OF MAGISTRATE.  A court shall determine
3-13     whether the nonprevailing party is able to defray the expense of
3-14     the magistrate in each case in which the services of a magistrate
3-15     are used.  If the court determines the party can pay all or a
3-16     portion of the expense, the court shall tax the expense as costs of
3-17     court.
3-18           Sec. 54.959.  SHERIFF.  On request of a magistrate, the
3-19     sheriff, in person or by deputy, shall assist the magistrate.
3-20           Sec. 54.960.  CLERK.  (a)  The district clerk serves as the
3-21     clerk for a magistrate for a case under the jurisdiction of a
3-22     district court.
3-23           (b)  The county clerk serves as the clerk for a magistrate
3-24     for a case under the jurisdiction of a statutory county court.
3-25           (c)  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 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.
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