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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 Travis County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.976, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) A judge may refer to a magistrate any criminal case or |
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matter relating to a criminal case for proceedings involving: |
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(1) a negotiated plea of guilty or no contest and |
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sentencing; |
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(2) a pretrial motion; |
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(3) an examining trial; |
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(4) a [postconviction] writ of habeas corpus; |
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(5) a bond forfeiture suit; |
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(6) issuance of search warrants; |
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(7) setting, setting conditions, modifying, revoking, |
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and surrendering of bonds, including surety bonds; |
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(8) arraignment of defendants; |
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(9) a motion to increase or decrease a bond; |
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(10) a motion to revoke community supervision or to |
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proceed to an adjudication; |
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(11) an issue of competency or a civil commitment |
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under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or |
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without a jury; [and] |
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(12) a motion to modify community supervision; |
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(13) specialty court proceedings, including drug |
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court proceedings, veteran's court proceedings, and driving while |
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intoxicated court proceedings; |
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(14) an expunction or a petition for nondisclosure; |
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(15) an occupational driver's license; |
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(16) a waiver of extradition; |
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(17) the issuance of subpoenas and orders requiring |
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the production of medical records, including records relating to |
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mental health or substance abuse treatment; and |
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(18) any other matter the judge considers necessary |
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and proper. |
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(b) A magistrate may select a jury. A magistrate may not |
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preside over a contested criminal trial on the merits, regardless |
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of whether the trial is before a jury. |
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(d) A judge may refer to a magistrate proceedings involving |
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a grand jury, including issuance of grand jury subpoenas, receipt |
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of grand jury reports on behalf of a district judge, the granting of |
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a grand jury request to recess, motions to compel testimony, and |
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discharge of a grand jury at the end of a term. A magistrate may not |
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impanel a grand jury. |
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SECTION 2. Section 54.977, 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) To refer one or more cases or matters to a magistrate, a |
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judge must issue an order of referral specifying the magistrate's |
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duties. |
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(c) A judge may issue a general order of referral |
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authorizing the magistrate to act on certain types of matters |
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without requiring an order for each referral. Items that may be in |
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the general order of referral include: |
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(1) waivers of extradition; |
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(2) search warrants; |
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(3) bench warrants; |
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(4) grand jury subpoenas; |
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(5) subpoenas and orders requiring the production of |
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medical records, including records relating to mental health and |
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substance abuse treatment; and |
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(6) records and other matters relating to the grand |
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jury. |
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SECTION 3. Section 54.978, Government Code, is amended to |
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read as follows: |
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Sec. 54.978. POWERS. (a) Except as limited by an order of |
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referral, a magistrate to whom a case or matter related to a |
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criminal 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 pretrial motions; |
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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) in any case referred under Section 54.976(a)(1): |
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(A) accept a negotiated plea of guilty; |
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(B) enter a finding of guilt and impose or |
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suspend sentence; or |
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(C) defer adjudication of guilty; [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; |
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(15) notwithstanding Article 18.01(h), Code of |
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Criminal Procedure, issue a search warrant under Article 18.02(12), |
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Code of Criminal Procedure; and |
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(16) 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. A |
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magistrate may sign a motion to dismiss submitted by an attorney |
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representing the state on cases referred to the magistrate or on |
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dockets called by the magistrate, and may consider unadjudicated |
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cases at sentencing under Section 12.45, Penal Code. |
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(c) A magistrate has all of the powers of a magistrate under |
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the laws of this state and may administer an oath for any purpose. |
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(d) 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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(e) In this subsection, "pen register," "ESN reader," "trap |
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and trace device," and "mobile tracking device" have the meanings |
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assigned by Section 18.21, Code of Criminal Procedure. A |
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magistrate may: |
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(1) notwithstanding Section 2(a), Article 18.21, Code |
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of Criminal Procedure, issue an order under Section 2, Article |
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18.21, Code of Criminal Procedure, for the installation and use of: |
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(A) a pen register; |
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(B) an ESN reader; |
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(C) a trap and trace device; or |
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(D) equipment that combines the function of a pen |
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register and a trap and trace device; |
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(2) issue an order to obtain access to stored |
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communications under Section 5, Article 18.21, Code of Criminal |
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Procedure; and |
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(3) notwithstanding Section 14(a), Article 18.21, |
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Code of Criminal Procedure, issue an order for the installation and |
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use of a mobile tracking device under Section 14, Article 18.21, |
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Code of Criminal Procedure. |
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SECTION 4. The changes in law made by this Act apply to a |
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cause of action referred to a magistrate on or after the effective |
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date of this Act. A cause of action referred to a magistrate before |
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the effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 5. 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, 2011. |