79R8536 RMB-D
By: Whitmire S.B. No. 1600
A BILL TO BE ENTITLED
AN ACT
relating to criminal law hearing officers in Harris County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.852(a), Government Code, is amended
to read as follows:
(a) A board composed of three judges of the district courts
of Harris County trying criminal cases, three judges of the county
criminal courts at law, and three justices of the peace in Harris
County may appoint criminal law hearing officers, or qualified
persons to serve temporarily for absent criminal law hearing
officers, with the consent and approval of the commissioners court,
to perform the duties authorized by this subchapter. A quorum is
two-thirds of the members of the board.
SECTION 2. Section 54.854(a), Government Code, is amended
to read as follows:
(a) Each criminal law hearing officer, including each
temporary criminal law hearing officer appointed to serve for an
absent criminal law hearing officer, is entitled to a salary in the
amount set by the commissioners court.
SECTION 3. Section 54.856, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A criminal law hearing officer appointed under this
subchapter has limited concurrent jurisdiction over criminal cases
filed in the district courts and[,] county criminal courts at law[,
and justice courts of the county]. The jurisdiction of the criminal
law hearing officer over criminal cases filed in the district
courts and county criminal courts at law 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, county criminal courts at
law, 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;
(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; and
(5) enforcing judgments and orders of the county
criminal courts at law in criminal cases.
(a-1) A criminal law hearing officer appointed under this
subchapter has concurrent jurisdiction over criminal cases filed in
the justice courts of the county.
SECTION 4. Section 54.858, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A criminal law hearing officer has all of the powers of a
magistrate under the Code of Criminal Procedure and other laws of
this state.
(a-1) A criminal law hearing officer shall inform the person
arrested, in clear language, of the accusation against the person
and of any affidavit filed with the accusation. A criminal law
hearing officer shall inform the person arrested of the person's
right to retain counsel, to remain silent, to have an attorney
present during any interview with a peace officer or an attorney
representing the state, to terminate the interview at any time, and
to request the appointment of counsel if the person is indigent and
cannot afford counsel. The criminal law hearing officer shall also
inform the person arrested that the person is not required to make a
statement and that any statement made by the person may be used
against the person. The criminal law hearing officer must allow the
person arrested reasonable time and opportunity to consult counsel
and shall admit the person arrested to bail if allowed by law.
SECTION 5. 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 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 criminal law hearing officers
appointed under Subchapter L, Chapter 54, Government Code, the
justices of the peace, and the mayors and recorders and the judges
of the municipal courts of incorporated cities or towns.
SECTION 6. This Act takes effect September 1, 2005.