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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and compensation of criminal law magistrates |
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in Tarrant County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.653, Government Code, is amended to |
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read as follows: |
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Sec. 54.653. COMPENSATION. (a) A full-time magistrate is |
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entitled to the salary determined by the Commissioners Court of |
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Tarrant County. |
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(b) The salary of a full-time magistrate may not exceed 90 |
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percent of the sum of: |
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(1) [be less than] the salary [authorized to be] paid |
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to a district judge by the state under Section 659.012; and |
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(2) the maximum amount of county contributions and |
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supplements allowed by law to be paid to a district judge under |
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Section 659.012 [master for family law cases appointed under
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Subchapter A]. |
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(c) The salary of a part-time magistrate is equal to the |
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per-hour salary of a full-time magistrate. The per-hour salary is |
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determined by dividing the annual salary by a 2,080 work-hour year. |
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The judges of the courts trying criminal cases in Tarrant County |
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shall approve the number of hours for which a part-time magistrate |
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is to be paid. |
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(d) A [The] magistrate's salary is paid from the county fund |
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available for payment of officers' salaries. |
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SECTION 2. Section 54.656(a), Government Code, is amended |
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to read 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 before the court; |
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(2) a bond forfeiture, remittitur, and related |
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proceedings; |
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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; |
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(7) a petition for an [agreed] order of expunction |
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under Chapter 55, 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) a petition for an [agreed] order of nondisclosure |
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of criminal history record information or an order of nondisclosure |
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of criminal history record information that does not require a |
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petition provided by Subchapter E-1, Chapter 411; |
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(10) a [hearing on a] motion to modify or revoke |
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community supervision or to proceed with an adjudication of guilt |
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[probation]; [and] |
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(11) setting conditions, modifying, revoking, and |
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surrendering of bonds, including surety bonds; |
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(12) specialty court proceedings; |
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(13) a waiver of extradition; and |
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(14) any other matter the judge considers necessary |
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and proper. |
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SECTION 3. 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 of |
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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; |
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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) in any case referred under Section 54.656(a)(1), |
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accept a negotiated plea of guilty or no contest and: |
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(A) enter a finding of guilt and impose or |
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suspend the sentence; or |
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(B) defer adjudication of guilt; and |
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(19) 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 sign a motion to dismiss submitted by |
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an attorney representing the state on cases referred to the |
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magistrate, or on dockets called by the magistrate, and may |
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consider unadjudicated cases at sentencing under Section 12.45, |
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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 Article |
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18.01(c), Code of Criminal Procedure, to issue a subsequent search |
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warrant under Article 18.02(10), Code of Criminal Procedure. |
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SECTION 4. The changes in law made by Sections 2 and 3 of |
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this Act apply to a matter or case referred to a magistrate on or |
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after the effective date of this Act. A matter or case referred to a |
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magistrate before the effective date of this Act is governed by the |
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law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |