|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the powers and duties of certain magistrates. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 54.656, Government Code, is amended to |
|
read as follows: |
|
Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge |
|
may refer to a magistrate any criminal case for proceedings |
|
involving: |
|
(1) a negotiated plea of guilty before the court; |
|
(2) bail, including an increase, decrease, or denial |
|
of bail, a change in the conditions of bail, or [a bond] forfeiture |
|
of bail; |
|
(3) a pretrial motion; |
|
(4) a postconviction writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; [and] |
|
(7) an agreed order of expunction under Chapter 55, |
|
Code of Criminal Procedure; |
|
(8) an asset forfeiture hearing as provided by Chapter |
|
59, Code of Criminal Procedure; |
|
(9) an agreed order of nondisclosure provided by |
|
Section 411.081; |
|
(10) a hearing on a motion to revoke probation; and |
|
(11) any other matter the judge considers necessary |
|
and proper. |
|
(b) A judge may refer to a magistrate a civil case arising |
|
out of Chapter 59, Code of Criminal Procedure, for any purpose |
|
authorized by that chapter, including issuing orders, accepting |
|
agreed judgments, enforcing judgments, and presiding over a case on |
|
the merits if a party has not requested a jury trial. |
|
(c) A magistrate may accept a plea of guilty from a |
|
defendant charged with misdemeanor, felony, or both misdemeanor and |
|
felony offenses. |
|
(d) [(c)] A magistrate may select a jury. A magistrate may |
|
not preside over a criminal trial on the merits, whether or not the |
|
trial is before a jury. |
|
(e) A magistrate may not hear a jury trial on the merits of a |
|
bond forfeiture. |
|
SECTION 2. Section 54.658, Government Code, is amended to |
|
read as follows: |
|
Sec. 54.658. POWERS. [(a)] Except as limited by an order |
|
of referral, a magistrate to whom a case is referred may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
|
(6) examine witnesses; |
|
(7) swear witnesses for hearings; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on a pretrial motion; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing; |
|
(13) accept a plea of guilty from a defendant charged |
|
with misdemeanor, felony, or both misdemeanor and felony offenses; |
|
(14) select a jury; [and] |
|
(15) accept a negotiated plea on a probation |
|
revocation; |
|
(16) conduct a contested probation revocation |
|
hearing; |
|
(17) sign a dismissal in a misdemeanor case; and |
|
(18) do any act and take any measure necessary and |
|
proper for the efficient performance of the duties required by the |
|
order of referral. |
|
[(b)
A magistrate may not enter a ruling on any issue of law
|
|
or fact if that ruling could result in dismissal or require
|
|
dismissal of a pending criminal prosecution, but the magistrate may
|
|
make findings, conclusions, and recommendations on those issues.] |
|
SECTION 3. Article 18.01(c), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(c) A search warrant may not be issued pursuant to |
|
Subdivision (10) of Article 18.02 of this code unless the sworn |
|
affidavit required by Subsection (b) of this article sets forth |
|
sufficient facts to establish probable cause: (1) that a specific |
|
offense has been committed, (2) that the specifically described |
|
property or items that are to be searched for or seized constitute |
|
evidence of that offense or evidence that a particular person |
|
committed that offense, and (3) that the property or items |
|
constituting evidence to be searched for or seized are located at or |
|
on the particular person, place, or thing to be searched. Except as |
|
provided by Subsections (d) and (i) of this article, only a judge of |
|
a municipal court of record or county court who is an attorney |
|
licensed by the State of Texas, a judge of a statutory county court, |
|
district court, or the Court of Criminal Appeals, a justice of [or] |
|
the Supreme Court, or a magistrate with jurisdiction over criminal |
|
cases serving a district court may issue warrants pursuant to |
|
Subdivision (10), Article 18.02 of this code. |
|
SECTION 4. This Act takes effect September 1, 2009. |