|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to criminal law hearing officers in certain counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 54.856, Government Code, |
|
|
is amended 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 of |
|
|
the county[,] and concurrent jurisdiction over criminal cases filed |
|
|
in the justice courts of the county. In criminal cases filed in the |
|
|
district courts and county criminal courts at law, the [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 or[,] 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; 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; and
|
|
|
[(5)] enforcing judgments and orders of the county |
|
|
criminal courts at law in criminal cases. |
|
|
SECTION 2. Subsections (a) and (e), Section 54.858, |
|
|
Government Code, are amended to read as follows: |
|
|
(a) 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. In |
|
|
addition to the powers and duties specified by this section, a |
|
|
criminal law hearing officer has all other powers and duties of a |
|
|
magistrate specified by the Code of Criminal Procedure and other |
|
|
laws of this state. |
|
|
(e) A criminal law hearing officer may dispose of criminal |
|
|
cases filed in the justice court as provided by law[, other than by
|
|
|
trial,] and collect fines and enforce the judgments and orders of |
|
|
the justice courts in criminal cases. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |