By:  Lindsay                                                      S.B. No. 1465

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of criminal law magistrates in Harris County. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 54, Government Code, is amended by adding Subchapter X to read as follows:
SUBCHAPTER X. CRIMINAL LAW MAGISTRATES IN HARRIS COUNTY
Sec. 54.1201. APPOINTMENT. (a) The judges of the district courts of Harris County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Harris County, may appoint the number of magistrates set by the commissioners court to perform the duties associated with the administration of drug courts and acceptance and sentencing on negotiated pleas as authorized by this subchapter. (b) Each magistrate's appointment must be made with the approval of the majority of the judges described in Subsection (a). (c) If the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges. Sec. 54.1202. QUALIFICATIONS. A magistrate must: (1) be a resident of this state and of Harris County; and (2) have been licensed to practice law in this state for at least four years. Sec. 54.1203. COMPENSATION. A magistrate is entitled to the salary determined by the Commissioners Court of Harris County. Sec. 54.1204. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge. Sec. 54.1205. TERMINATION OF SERVICES. The services of a magistrate may be terminated by a majority vote of the appointing judges of the district courts of Harris County that give preference to criminal cases. Sec. 54.1206. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to a magistrate: (1) a criminal case for drug court proceedings; and (2) a criminal case involving a negotiated plea. (b) A magistrate may not preside over a contested trial on the merits, regardless of whether the trial is before a jury. Sec. 54.1207. ORDER OF REFERRAL. (a) To refer one or more cases to a drug court magistrate or a magistrate accepting a negotiated plea, a judge or board of judges trying criminal cases must issue an order of referral specifying the magistrate's duties. (b) An order of referral may: (1) limit the powers of the magistrate and direct the magistrate to report on specific issues and perform particular acts; (2) set the time and place for the hearing; (3) provide a date for filing the magistrate's findings; (4) designate proceedings for more than one case over which the magistrate shall preside; (5) direct the magistrate to call the court's docket; and (6) set forth general powers and limitations of authority of the magistrate applicable to any case referred. Sec. 54.1208. POWERS. (a) Except as limited by an order of referral, a magistrate to whom a drug court case is referred may: (1) conduct hearings; (2) hear evidence; (3) compel production of relevant evidence; (4) rule on admissibility of evidence; (5) issue summons for the appearance of witnesses; (6) examine witnesses; (7) swear witnesses for hearings; (8) make findings of fact on evidence; (9) formulate conclusions of law; (10) rule on preliminary motions; (11) recommend the rulings, orders, or judgment to be made in a case; (12) regulate proceedings in a hearing; (13) in a case: (A) accept a negotiated plea of guilty; (B) enter a finding of guilt and impose or suspend sentence; or (C) defer adjudication of guilt; and (14) perform any act and take any measure necessary and proper for the efficient performance of the drug court and the duties required by the order of referral. (b) Except as limited by an order of referral, a magistrate to whom a negotiated plea is referred may: (1) in a case: (A) accept a negotiated plea; (B) enter a finding of guilt and impose or suspend sentence; or (C) defer adjudication of guilt; and (2) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral. (c) A magistrate may not enter a ruling on any issue of law or fact if that ruling could result in dismissal or require dismissal of a pending criminal prosecution, but the magistrate may make findings, conclusions, and recommendations on those issues. Sec. 54.1209. RECORD OF PROCEEDINGS. At the request of a party the court shall provide that the proceedings before the magistrate be recorded. Sec. 54.1210. WITNESS. (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A supervising judge or judges may issue attachment against and may fine or imprison a witness whose failure to appear after being summoned or whose refusal to answer questions has been certified to the court. Sec. 54.1211. PAPERS TRANSMITTED TO THE JUDGE. At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken. Sec. 54.1212. JUDICIAL ACTION. (a) The supervising judge or judges of a drug court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the supervising judge or judges do not modify, correct, reject, reverse, or recommit an action of the magistrate, the action becomes the decree of the court. (c) At the conclusion of each term during which the services of a magistrate are used, the supervising judge or judges shall enter a decree on the minutes of the referring court adopting the actions of the magistrate of which the court approves. Sec. 54.1213. CRIMINAL LAW MAGISTRATES. (a) If a criminal law magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another criminal law magistrate to serve for the absent magistrate. (b) A criminal law magistrate serving for another magistrate under this section has the powers and shall perform the duties of the magistrate for whom he is serving. SECTION 2. This Act takes effect September 1, 2003.