By: Lindsay S.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of criminal law magistrates in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54 of the Government Code, is amended by
adding subchapter U, Criminal Law Masters in Certain Counties, to
read as follows:
SECTION 2. Section 54.1100. APPLICATION. This subchapter
applies only to counties with a population of 3.3 million or more.
SECTION 3. Section 54.1101. APPOINTMENT. (a) In counties
with populations of 3.3 million or more, the judges of the district
courts that give preference to criminal cases, with the consent and
approval of the commissioners court of that county, may appoint the
number of magistrates set by the commissioners court to perform the
duties associated with the administration of drug courts and/or
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.
SECTION 4. Section 54.1102. QUALIFICATIONS. A magistrate
must:
(a) be a resident of this state and of the county in which
they are appointed; and
(b) have been licensed to practice law in this state for at
least four years.
SECTION 5. Section 54.1103. COMPENSATION. (a) A
magistrate is entitled to the salary determined by the
commissioners court of the county in which they are appointed to
serve.
SECTION 6. Section 54.1104. JUDICIAL IMMUNITY. A
magistrate has the same judicial immunity as a district judge.
SECTION 7. Section 54.1105. TERMINATION OF SERVICES.
(a) The services of a magistrate may be terminated by a majority
vote of the appointing judges of the district courts that give
preference to criminal cases.
SECTION 8. Section 54.1106. PROCEEDINGS THAT MAY BE
REFERRED.
(a) A judge may refer to a magistrate
1) any criminal case for drug court proceedings;
and/or
2) any 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.
SECTION 9. Section 54.1107. 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 do 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.
SECTION 10. Section 54.1108. 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 judgement to be
made in a case;
(12) regulate proceedings in a hearing;
(13) in any case referred under Section 54.1106(a)(1):
(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) do any act and take any measure necessary and
proper for the efficient performance of the drug court and/or 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 any case referred under Section 54.1106(a)(2):
(A) accept a negotiated plea;
(B) enter a finding of guilt and impose or
suspend sentence; or
(C) defer adjudication of guilt; and
(2) do 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.
SECTION 11. Section 54.1109. RECORD OF PROCEEDINGS. At
the request of a party, the court shall provide that the proceedings
before the magistrate be recorded.
SECTION 12. Section 54.1110. 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.
SECTION 13. Section 54.1111. PAPERS TRANSMITTED TO THE
JUDGE. (a) 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.
SECTION 14. Section 54.1112. 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 adopting the actions of the magistrate
of which the court approves.
SECTION 15. Section 54.1113. 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.