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AN ACT
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relating to criminal law hearing officers in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 54.856, Government Code, |
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is amended to read as follows: |
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(a) A criminal law hearing officer appointed under this |
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subchapter has limited concurrent jurisdiction over criminal cases |
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filed in the district courts and[,] county criminal courts at law of |
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the county[,] and concurrent jurisdiction over criminal cases filed |
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in the justice courts of the county. In criminal cases filed in the |
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district courts and county criminal courts at law, the [The] |
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jurisdiction of the criminal law hearing officer is limited to: |
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(1) determining probable cause for further detention |
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of any person detained on a criminal complaint, information, or |
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indictment filed in the district courts or[,] county criminal |
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courts at law[, or justice courts of the county]; |
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(2) committing the defendant to jail, discharging the |
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defendant from custody, or admitting the defendant to bail, as the |
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law and facts of the case require; |
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(3) issuing search warrants and arrest warrants as |
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provided by law for magistrates; and |
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(4) [as to criminal cases filed in justice courts,
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disposing of cases as provided by law, other than by trial, and
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collecting fines and enforcing judgments and orders of the justice
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courts in criminal cases; and
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[(5)] enforcing judgments and orders of the county |
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criminal courts at law in criminal cases. |
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SECTION 2. Subsections (a) and (e), Section 54.858, |
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Government Code, are amended to read as follows: |
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(a) A criminal law hearing officer shall inform the person |
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arrested, in clear language, of the accusation against the person |
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and of any affidavit filed with the accusation. A criminal law |
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hearing officer shall inform the person arrested of the person's |
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right to retain counsel, to remain silent, to have an attorney |
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present during any interview with a peace officer or an attorney |
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representing the state, to terminate the interview at any time, and |
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to request the appointment of counsel if the person is indigent and |
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cannot afford counsel. The criminal law hearing officer shall also |
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inform the person arrested that the person is not required to make a |
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statement and that any statement made by the person may be used |
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against the person. The criminal law hearing officer must allow the |
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person arrested reasonable time and opportunity to consult counsel |
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and shall admit the person arrested to bail if allowed by law. In |
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addition to the powers and duties specified by this section, a |
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criminal law hearing officer has all other powers and duties of a |
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magistrate specified by the Code of Criminal Procedure and other |
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laws of this state. |
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(e) A criminal law hearing officer may dispose of criminal |
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cases filed in the justice court as provided by law[, other than by
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trial,] and collect fines and enforce the judgments and orders of |
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the justice courts in criminal cases. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1404 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1404 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |