79R3947 YDB-F
By: Oliveira H.B. No. 3485
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of criminal law hearing officers in
Cameron County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter BB to read as follows:
SUBCHAPTER BB. CRIMINAL LAW HEARING OFFICERS IN CAMERON COUNTY
Sec. 54.1351. APPLICATION OF SUBCHAPTER. This subchapter
applies to Cameron County.
Sec. 54.1352. APPOINTMENT. (a) A majority of the members
of a board composed of the judges of the district courts and
statutory county courts of Cameron County may appoint criminal law
hearing officers to perform the duties authorized by this
subchapter.
(b) A criminal law hearing officer appointed under this
subchapter serves at the pleasure of the board and may be terminated
at any time in the same manner as appointed.
(c) A criminal law hearing officer may not engage in the
private practice of law or serve as a mediator or arbitrator or
otherwise participate as a neutral party in any alternative dispute
resolution proceeding, with or without compensation.
(d) A criminal law hearing officer is subject to proceedings
under Section 1-a, Article V, Texas Constitution.
Sec. 54.1353. QUALIFICATIONS. To be eligible for
appointment as a criminal law hearing officer under this
subchapter, a person must:
(1) be a resident of Cameron County;
(2) be eligible to vote in this state and in Cameron
County;
(3) be at least 30 years of age; and
(4) have the other qualifications required by the
board.
Sec. 54.1354. COMPENSATION. (a) A criminal law hearing
officer is entitled to a salary in the amount set by the
commissioners court.
(b) The salary is paid from the county fund available for
payment of officers' salaries.
Sec. 54.1355. OATH. A criminal law hearing officer must
take the constitutional oath of office required of appointed
officers of this state.
Sec. 54.1356. CRIMINAL JURISDICTION. (a) A criminal law
hearing officer appointed under this subchapter has limited
concurrent jurisdiction over criminal cases filed in the district
courts, statutory county courts, and justice courts of the county.
The jurisdiction of the criminal law hearing officer is limited to:
(1) determining probable cause for further detention
of any person detained on a criminal complaint, information, or
indictment filed in the district courts, statutory county courts,
or justice courts of the county;
(2) committing the defendant to jail, discharging the
defendant from custody, or admitting the defendant to bail, as the
law and facts of the case require;
(3) issuing search warrants and arrest warrants as
provided by law for magistrates; and
(4) as to criminal cases filed in justice courts,
disposing of cases as provided by law, other than by trial, and
collecting fines and enforcing judgments and orders of the justice
courts in criminal cases.
(b) This section does not limit or impair the jurisdiction
of the court in which the complaint, information, or indictment is
filed to review or alter the decision of the criminal law hearing
officer.
(c) In a felony or misdemeanor case punishable by
incarceration in the county jail, a criminal law hearing officer
may not dismiss the case, enter a judgment of acquittal or guilt, or
pronounce sentence.
Sec. 54.1357. MENTAL HEALTH JURISDICTION. The judges of
the statutory county courts of Cameron County may authorize a
criminal law hearing officer to serve the probate courts of Cameron
County as necessary to hear emergency mental health matters under
Chapter 573, Health and Safety Code. A criminal law hearing officer
has concurrent limited jurisdiction with the probate courts of the
county to hear emergency mental health matters under Chapter 573,
Health and Safety Code. This section does not impair the
jurisdiction of the probate courts to review or alter the decision
of the criminal law hearing officer.
Sec. 54.1358. DUTIES AND POWERS. (a) A criminal law
hearing officer shall inform a person arrested of the warnings
described by Article 15.17, Code of Criminal Procedure.
(b) A criminal law hearing officer may determine the amount
of bail and grant bail under Chapter 17, Code of Criminal Procedure,
and as otherwise provided by law.
(c) A criminal law hearing officer may issue a magistrate's
order for emergency apprehension and detention under Chapter 573,
Health and Safety Code, if authorized by the judges of the statutory
county courts of Cameron County and if the criminal law hearing
officer makes each finding required by Section 573.012(b), Health
and Safety Code.
(d) The criminal law hearing officer shall be available,
within the time provided by law following a defendant's arrest, to
determine probable cause for further detention, administer
warnings, inform the accused of the pending charges, and determine
all matters pertaining to bail. Criminal law hearing officers
shall be available to review and issue search warrants and arrest
warrants as provided by law.
(e) A criminal law hearing officer may dispose of criminal
cases filed in the justice courts as provided by law, other than by
trial, and collect fines and enforce the judgments and orders of the
justice courts in criminal cases.
Sec. 54.1359. JUDICIAL IMMUNITY. A criminal law hearing
officer has the same judicial immunity as a district judge,
statutory county court judge, and justice of the peace.
Sec. 54.1360. SHERIFF. On request of a criminal law hearing
officer appointed under this subchapter, the sheriff, in person or
by deputy, shall assist the criminal law hearing officer.
Sec. 54.1361. CLERK. The district clerk shall perform the
statutory duties necessary for the criminal law hearing officers
appointed under this subchapter in cases filed in a district court
or a statutory county court. A person designated to serve as a
clerk of a justice court shall perform the statutory duties
necessary for cases filed in a justice court.
SECTION 2. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates appointed by the judges of the district courts of
Lubbock County or Webb County, the magistrates appointed by the
judges of the criminal district courts of Dallas County or Tarrant
County, the masters appointed by the judges of the district courts
and the county courts at law that give preference to criminal cases
in Jefferson County, the magistrates appointed by the judges of the
district courts and the statutory county courts of Williamson
County, the magistrates appointed by the judges of the district
courts and statutory county courts that give preference to criminal
cases in Travis County, the county judges, the judges of the county
courts at law, judges of the county criminal courts, the judges of
statutory probate courts, the associate judges appointed by the
judges of the statutory probate courts under Subchapter G, Chapter
54, Government Code, the justices of the peace, the mayors and
recorders and the judges of the municipal courts of incorporated
cities or towns.
SECTION 3. This Act takes effect September 1, 2005.