BILL ANALYSIS

H.B. 1774

By: Lucio III

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerned parties report that district and county courts at law in Cameron County have overloaded dockets and that certain types of proceedings on the dockets could be handled effectively by a criminal law hearing officer. The parties support expanding the jurisdiction of a criminal law hearing officer in Cameron County. H.B. 1774 seeks to address this important local priority.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1774 amends the Government Code to add presiding over an extradition proceeding under the Uniform Criminal Extradition Act to the actions for which a criminal law hearing officer in Cameron County has jurisdiction. The bill authorizes a criminal law hearing officer in Cameron County to accept a plea of guilty or nolo contendere and to determine whether a defendant is indigent and appoint counsel for an indigent defendant. The bill authorizes a district judge or a county court at law judge to refer to a criminal law hearing officer in Cameron County any criminal case for proceedings involving a bond forfeiture, the arraignment of defendants, the determination of whether a defendant is indigent and the appointment of counsel for an indigent defendant, and a negotiated plea of guilty or nolo contendere before the court.

EFFECTIVE DATE

September 1, 2015.