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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of criminal law magistrates for Brazoria |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter HH to read as follows: |
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SUBCHAPTER HH. BRAZORIA COUNTY CRIMINAL MAGISTRATES |
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Sec. 54.1851. APPOINTMENT. (a) The Commissioners Court of |
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Brazoria County may select magistrates to serve the courts of |
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Brazoria County having jurisdiction in criminal matters. |
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(b) The commissioners court shall establish the minimum |
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qualifications, salary, benefits, and other compensation of each |
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magistrate position and shall determine whether the position is |
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full-time or part-time. The qualifications must require the |
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magistrate to have served as a justice of the peace or be an |
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attorney licensed in this state. |
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(c) A magistrate appointed under this section serves at the |
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pleasure of the commissioners court. |
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Sec. 54.1852. JURISDICTION. A magistrate has concurrent |
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criminal jurisdiction with the judges of the justice of the peace |
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courts of Brazoria County. |
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Sec. 54.1853. POWERS AND DUTIES. (a) The Commissioners |
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Court of Brazoria County shall establish the powers and duties of a |
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magistrate appointed under this subchapter. Except as otherwise |
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provided by the commissioners court, a magistrate has the powers of |
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a magistrate under the Code of Criminal Procedure and other laws of |
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this state and may administer an oath for any purpose. |
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(b) A magistrate shall give preference to performing the |
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duties of a magistrate under Article 15.17, Code of Criminal |
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Procedure. |
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(c) The commissioners court may designate one or more |
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magistrates to hold regular hearings to: |
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(1) give admonishments; |
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(2) set and review bail and conditions of release; |
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(3) appoint legal counsel; and |
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(4) determine other routine matters relating to |
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preindictment or pending cases within those courts' jurisdiction. |
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(d) In the hearings provided under Subsection (c), a |
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magistrate shall give preference to the case of an individual held |
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in county jail. |
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(e) A magistrate may inquire into a defendant's intended |
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plea to the charge and set the case for an appropriate hearing |
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before a judge or master. |
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Sec. 54.1854. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.1855. WITNESSES. (a) A witness who is sworn and |
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who appears before a magistrate is subject to the penalties for |
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perjury and aggravated perjury provided by law. |
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(b) A referring court may fine or imprison a witness or |
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other court participant for failure to appear after being summoned, |
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refusal to answer questions, or other acts of direct contempt |
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before a magistrate. |
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SECTION 2. Article 2.09, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
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officers is a magistrate within the meaning of this Code: The |
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justices of the Supreme Court, the judges of the Court of Criminal |
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Appeals, the justices of the Courts of Appeals, the judges of the |
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District Court, the magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, or Tarrant County |
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that give preference to criminal cases, the criminal law hearing |
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officers for Harris County appointed under Subchapter L, Chapter |
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54, Government Code, the criminal law hearing officers for Cameron |
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County appointed under Subchapter BB, Chapter 54, Government Code, |
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the magistrates appointed by the judges of the district courts of |
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Lubbock County, Nolan County, or Webb County, the magistrates |
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appointed by the judges of the criminal district courts of Dallas |
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County or Tarrant County, the masters appointed by the judges of the |
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district courts and the county courts at law that give preference to |
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criminal cases in Jefferson County, the magistrates appointed by |
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the judges of the district courts and the statutory county courts of |
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Brazos County, Nueces County, or Williamson County, the magistrates |
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appointed by the judges of the district courts and statutory county |
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courts that give preference to criminal cases in Travis County, the |
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criminal magistrates appointed by the Brazoria County |
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Commissioners Court, the county judges, the judges of the county |
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courts at law, judges of the county criminal courts, the judges of |
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statutory probate courts, the associate judges appointed by the |
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judges of the statutory probate courts under Subchapter G, Chapter |
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54, Government Code, the justices of the peace, and the mayors and |
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recorders and the judges of the municipal courts of incorporated |
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cities or towns. |
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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. |
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