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.