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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of criminal law magistrates in |
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Tarrant County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.656, Government Code, is amended to |
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read as follows: |
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Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge |
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may refer to a magistrate any criminal case for proceedings |
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involving: |
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(1) a negotiated plea of guilty before the court; |
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(2) a bond forfeiture; |
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(3) a pretrial motion; |
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(4) a postconviction writ of habeas corpus; |
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(5) an examining trial; |
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(6) an occupational driver's license; [and] |
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(7) an agreed order of expunction under Chapter 55, |
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Code of Criminal Procedure; |
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(8) an asset forfeiture hearing as provided by Chapter |
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59, Code of Criminal Procedure; |
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(9) an agreed order of nondisclosure provided by |
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Section 411.081; |
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(10) a hearing on a motion to revoke probation; and |
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(11) any other matter the judge considers necessary |
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and proper. |
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(b) A judge may refer to a magistrate a civil case arising |
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out of Chapter 59, Code of Criminal Procedure, for any purpose |
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authorized by that chapter, including issuing orders, accepting |
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agreed judgments, enforcing judgments, and presiding over a case on |
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the merits if a party has not requested a jury trial. |
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(c) A magistrate may accept a plea of guilty from a |
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defendant charged with misdemeanor, felony, or both misdemeanor and |
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felony offenses. |
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(d) [(c)] A magistrate may select a jury. A magistrate may |
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not preside over a criminal trial on the merits, whether or not the |
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trial is before a jury. |
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(e) A magistrate may not hear a jury trial on the merits of a |
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bond forfeiture. |
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SECTION 2. Section 54.658, Government Code, is amended to |
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read as follows: |
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Sec. 54.658. POWERS. [(a)] Except as limited by an order |
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of 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 from a defendant charged |
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with misdemeanor, felony, or both misdemeanor and felony offenses; |
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(14) select a jury; [and] |
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(15) accept a negotiated plea on a probation |
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revocation; |
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(16) conduct a contested probation revocation |
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hearing; |
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(17) sign a dismissal in a misdemeanor case; and |
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(18) 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 may not enter a ruling on any issue of law
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or fact if that ruling could result in dismissal or require
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dismissal of a pending criminal prosecution, but the magistrate may
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make findings, conclusions, and recommendations on those issues.] |
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SECTION 3. Article 18.01(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) A search warrant may not be issued under Article |
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18.02(10) unless the sworn affidavit required by Subsection (b) |
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sets forth sufficient facts to establish probable cause: (1) that a |
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specific offense has been committed, (2) that the specifically |
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described property or items that are to be searched for or seized |
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constitute evidence of that offense or evidence that a particular |
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person committed that offense, and (3) that the property or items |
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constituting evidence to be searched for or seized are located at or |
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on the particular person, place, or thing to be searched. Except as |
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provided by Subsections (d) and[,] (i), [and (j),] only a judge of a |
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municipal court of record or a county court who is an attorney |
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licensed by the State of Texas, a statutory county court judge, a |
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district court judge, a judge of the Court of Criminal Appeals, |
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including the presiding judge, [or] a justice of the Supreme Court |
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of Texas, including the chief justice, or a magistrate with |
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jurisdiction over criminal cases serving a district court may issue |
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warrants under Article 18.02(10). |
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SECTION 4. Article 18.01(j), Code of Criminal Procedure, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2011. |