By: Whitmire  S.B. No. 1404
         (In the Senate - Filed March 7, 2007; March 20, 2007, read
  first time and referred to Committee on Criminal Justice;
  April 18, 2007, reported favorably by the following vote:  Yeas 6,
  Nays 0; April 18, 2007, sent to printer.)
 
 
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.
 
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