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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a judge or magistrate to preside over |
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a regional specialty court program and the authority of that judge |
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or magistrate in cases referred to the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 121, Government Code, is amended by |
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adding Sections 121.003 and 121.004 to read as follows: |
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Sec. 121.003. APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE |
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FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a |
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district court or statutory county court who is authorized by law to |
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hear criminal cases may be appointed to preside over a regional |
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specialty court program recognized under this subtitle only if: |
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(1) the local administrative district and statutory |
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county court judges of each county participating in the program |
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approve the appointment by majority vote or another approval method |
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selected by the judges; and |
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(2) the presiding judges of each of the administrative |
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judicial regions in which the participating counties are located |
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sign an order granting the appointment. |
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Sec. 121.004. JURISDICTION AND AUTHORITY OF JUDGE OR |
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MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or |
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magistrate appointed to preside over a regional specialty court |
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program may hear any misdemeanor or felony case properly |
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transferred to the program by an originating trial court |
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participating in the program, regardless of whether the originating |
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trial court and specialty court program are in the same county. The |
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appointed judge or magistrate may exercise only the authority |
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granted under this subtitle. |
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(b) The judge or magistrate of a regional specialty court |
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program may for a case properly transferred to the program: |
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(1) enter orders, judgments, and decrees for the case; |
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(2) sign orders of detention, order community service, |
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or impose other reasonable and necessary sanctions; |
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(3) send recommendations for dismissal and expunction |
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to the originating trial court for a defendant who successfully |
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completes the program; and |
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(4) return the case and documentation required by this |
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subtitle to the originating trial court for final disposition on a |
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defendant's successful completion of or removal from the program. |
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(c) A visiting judge assigned to preside over a regional |
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specialty court program has the same authority as the judge or |
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magistrate appointed to preside over the program. |
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SECTION 2. (a) Section 121.003, Government Code, as added |
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by this Act, applies only to the appointment of a judge or |
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magistrate to preside over a regional specialty court program that |
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occurs on or after the effective date of this Act. |
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(b) Section 121.004, Government Code, as added by this Act, |
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applies to a case pending in a regional specialty court program on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |