80R18563 KLA-F

By: Wentworth S.B. No. 1297

Substitute the following for S.B. No. 1297:

By: Hartnett C.S.S.B. No. 1297

A BILL TO BE ENTITLED

AN ACT

relating to additional criminal law magistrates in Bexar County.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter N, Chapter 54, Government Code, is amended by adding Section 54.9001 to read as follows:

Sec. 54.9001. APPLICABILITY OF SUBCHAPTER. The provisions of this subchapter apply only to a criminal law magistrate in Bexar County who is appointed under this subchapter.

SECTION 2. Chapter 54, Government Code, is amended by adding Subchapter AA to read as follows:

SUBCHAPTER AA. ADDITIONAL CRIMINAL LAW MAGISTRATES IN BEXAR COUNTY

Sec. 54.1301. APPLICABILITY OF SUBCHAPTER. The provisions of this subchapter apply only to a criminal law magistrate in Bexar County who is appointed under this subchapter.

Sec. 54.1302. APPOINTMENT; PRESIDING MAGISTRATE. (a) The judges of the district courts of Bexar County that give preference to criminal cases and the judges of the county courts at law of Bexar County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Bexar County, may:

(1) appoint the number of magistrates set by the commissioners court to perform the duties authorized by this subchapter; and

(2) select one magistrate appointed under Subdivision (1) to serve as the presiding magistrate to supervise the other magistrates appointed under that subdivision.

(b) Each magistrate's appointment, as well as the selection of the presiding magistrate, must be made with the approval of two-thirds of the judges described by Subsection (a).

(c) The term of appointment of a magistrate under this section may not exceed two years, subject to Section 54.1307.

(d) If the number of magistrates appointed under this section is less than the number of the appointing judges, each judge described by Subsection (a) shall have equal access to the services of the magistrates appointed under this section.

Sec. 54.1303. QUALIFICATIONS. To be eligible for appointment as a magistrate under this subchapter, a person must:

(1) be a resident of Bexar County; and

(2) have been licensed to practice law in this state for at least four years.

Sec. 54.1304. COMPENSATION. (a) A magistrate appointed under this subchapter is entitled to the salary determined by the Commissioners Court of Bexar County.

(b) The magistrate's salary is paid from the county fund available for payment of officers' salaries.

Sec. 54.1305. JUDICIAL IMMUNITY. A magistrate appointed under this subchapter has the same judicial immunity as a district judge.

Sec. 54.1306. CLERK. (a) The district clerk shall perform the statutory duties described by Section 51.303 with respect to all cases and matters referred to the magistrates appointed under this subchapter from the district courts, county courts at law, and, if authorized under Section 54.1309, municipal courts, subject to Subsection (b).

(b) At the conclusion of a proceeding, the district clerk shall transmit to the referring court any papers relating to the case or matter referred to a magistrate appointed under this subchapter, including the magistrate's findings, conclusions, orders, recommendations, or other action taken, except when the magistrate is performing the duties of a magistrate under the Code of Criminal Procedure.

Sec. 54.1307. TERMINATION OF SERVICES. The services of a magistrate appointed under this subchapter may be terminated by a majority vote of the appointing judges.

Sec. 54.1308. PROCEEDINGS THAT MAY BE REFERRED. (a) Except as provided by Subsection (b), a judge described by Section 54.1302(a) may refer to a magistrate appointed under this subchapter any criminal cases or matters the judge considers necessary and proper, including a criminal case for drug court proceedings.

(b) A magistrate appointed under this subchapter may not preside over a contested trial on the merits, regardless of whether the trial is before a jury.

(c) A person in custody who is brought before a magistrate appointed under this subchapter in a proceeding referred under this section must be in the custody of a jailer who is certified by the Commission on Law Enforcement Officer Standards and Education and appointed by the county sheriff. The person in custody must remain in the custody of the jailer until the person is released from custody or the custody of the person is transferred in accordance with a court order.

Sec. 54.1309. CERTAIN MUNICIPAL COURT PROCEEDINGS THAT MAY BE REFERRED. (a) A municipality that has any portion of the municipality's territory located within the boundaries of Bexar County may:

(1) enter into an interlocal agreement with Bexar County providing for the referral of cases from the municipal courts of that municipality to a magistrate appointed under this subchapter; and

(2) by ordinance, authorize one or more municipal court judges to refer cases pending in the municipal courts to a magistrate appointed under this subchapter.

(b) A municipal court judge who is authorized to refer a case to a magistrate as provided by Subsection (a) may refer one or more cases to a magistrate in the manner provided by Section 54.1310. The magistrate to whom the case is referred may exercise any power conferred on the magistrate under Section 54.1311, except as limited by the order of referral.

Sec. 54.1310. ORDER OF REFERRAL. (a) To refer one or more criminal cases or matters to a magistrate appointed under this subchapter, a judge must issue an order of referral specifying the magistrate's duties.

(b) An order of referral may relate to a single case or to a specified type of criminal cases or matters.

(c) An order of referral may:

(1) limit the powers of the magistrate and direct the magistrate to report on specific issues, perform particular acts, or receive and report on evidence only;

(2) set the time and place for the hearing;

(3) prescribe a closing date for the hearing;

(4) provide a date for filing the magistrate's findings;

(5) designate proceedings for more than one case over which the magistrate shall preside;

(6) direct the magistrate to call the court's docket; and

(7) set forth general powers and limitations of authority of the magistrate applicable to any cases or matters referred.

(d) Any magistrate appointed under this subchapter may carry out the duties specified in an order of referral issued under this subchapter.

Sec. 54.1311. POWERS. (a) Except as limited by an order of referral, a magistrate appointed under this subchapter may:

(1) perform the duties of a magistrate under the Code of Criminal Procedure;

(2) conduct hearings;

(3) hear evidence;

(4) compel production of relevant evidence;

(5) rule on admissibility of evidence;

(6) issue summons for the appearance of witnesses;

(7) examine witnesses;

(8) swear witnesses for hearings;

(9) make findings of fact on evidence;

(10) formulate conclusions of law;

(11) rule on preliminary motions;

(12) recommend the rulings, orders, or judgment to be made in a case;

(13) regulate proceedings in a hearing;

(14) set bonds;

(15) in any case referred from a municipal court as authorized by Section 54.1309:

(A) accept a plea of guilty or nolo contendere;

(B) enter a finding of guilt, impose or suspend a sentence, and establish conditions of community supervision;

(C) defer adjudication of guilt and establish conditions of community supervision; or

(D) dismiss the case; and

(16) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.

(b) Except when performing the duties of a magistrate under the Code of Criminal Procedure or as provided by Subsection (a)(15)(D), a magistrate appointed under this subchapter 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, subject to Section 54.1314.

Sec. 54.1312. COURT REPORTER. The court shall provide a court reporter to record the proceedings before a magistrate appointed under this subchapter if:

(1) the appointment of a court reporter is required by other law; or

(2) a party to a case involving an offense that is a Class B misdemeanor or higher category of offense requests the appointment of a court reporter, unless the magistrate appointed under this subchapter is performing the duties of a magistrate under the Code of Criminal Procedure.

Sec. 54.1313. WITNESS. (a) A witness who appears before a magistrate appointed under this subchapter and is sworn is subject to the penalties for perjury provided by law.

(b) A referring court 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. 54.1314. JUDICIAL ACTION. (a) Unless otherwise prohibited by law and except when a magistrate appointed under this subchapter is performing the duties of a magistrate under the Code of Criminal Procedure, a referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate.

(b) If the court does not modify, correct, reject, reverse, or recommit an action of the magistrate, the action becomes the decree of the court.

SECTION 3. 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, Nolan 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 Brazos County or 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 or Bexar 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, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.