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A BILL TO BE ENTITLED
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AN ACT
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relating to the proceedings that may be referred to and the powers |
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of a criminal law magistrate in Bexar County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.906, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A judge may refer to a magistrate any criminal case for |
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proceedings involving: |
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(1) a bond forfeiture; |
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(2) a pretrial motion; |
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(3) a postconviction writ of habeas corpus; |
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(4) an examining trial; |
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(5) the issuance of search warrants, including a |
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search warrant under Article 18.02(10), Code of Criminal Procedure, |
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notwithstanding Article 18.01(c), Code of Criminal Procedure; |
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(6) the setting of bonds; |
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(7) the arraignment of defendants; [and] |
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(8) a plea of guilty or nolo contendere from a |
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defendant charged with: |
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(A) a felony; |
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(B) a Class C misdemeanor; or |
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(C) any misdemeanor if the defendant is charged |
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with both misdemeanor and felony offenses; and |
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(9) any other matter the judge considers necessary and |
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proper[, including a negotiated plea of guilty before the court]. |
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(c) Subsection (a)(5) does not apply to the issuance of a |
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subsequent search warrant under Article 18.02(10), Code of Criminal |
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Procedure. |
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SECTION 2. Section 54.908, Government Code, is amended to |
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read as follows: |
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Sec. 54.908. POWERS. (a) Except as limited by an order of |
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referral, a magistrate to whom a case is referred may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on admissibility of evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) examine witnesses; |
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(7) swear witnesses for hearings; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) rule on a pretrial motion; |
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(11) recommend the rulings, orders, or judgment to be |
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made in a case; |
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(12) regulate proceedings in a hearing; |
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(13) accept a plea of guilty or nolo contendere [for a
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misdemeanor] from a defendant charged with: |
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(A) a felony; |
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(B) a Class C misdemeanor; or |
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(C) any [both] misdemeanor if the defendant is |
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charged with both misdemeanor and felony offenses; [and] |
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(14) notwithstanding Article 18.01(c), Code of |
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Criminal Procedure, issue a search warrant under Article 18.02(10), |
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Code of Criminal Procedure; and |
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(15) do any act and take any measure necessary and |
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proper for the efficient performance of the duties required by the |
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order of referral. |
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(b) A magistrate does not have authority under Subsection |
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(a)(14) to issue a subsequent search warrant under Article |
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18.02(10), Code of Criminal Procedure. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |