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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of criminal law magistrates for Grayson |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter RR to read as follows: |
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SUBCHAPTER RR. GRAYSON COUNTY CRIMINAL MAGISTRATES |
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Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION. |
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(a) The Commissioners Court of Grayson County may authorize the |
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judges of the district and statutory county courts in Grayson |
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County to appoint one or more part-time or full-time magistrates to |
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perform the duties authorized by this subchapter. |
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(b) The judges of the district and statutory county courts |
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in Grayson County by a unanimous vote may appoint magistrates as |
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authorized by the Commissioners Court of Grayson County. |
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(c) An order appointing a magistrate must be signed by the |
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local presiding judge of the district courts serving Grayson |
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County, and the order must state: |
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(1) the magistrate's name; and |
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(2) the date the magistrate's employment is to begin. |
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(d) An authorized magistrate's position may be eliminated |
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on a majority vote of the Commissioners Court of Grayson County. |
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Sec. 54.2702. QUALIFICATIONS; OATH OF OFFICE. (a) To be |
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eligible for appointment as a magistrate, a person must be a |
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resident of this state and: |
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(1) have served as a justice of the peace or municipal |
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court judge for at least four years before the date of appointment; |
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or |
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(2) have been licensed to practice law in this state |
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for at least four years before the date of appointment. |
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(b) A magistrate appointed under Section 54.2701 must take |
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the constitutional oath of office required of appointed officers of |
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this state. |
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Sec. 54.2703. COMPENSATION. A magistrate is entitled to |
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the salary determined by the Commissioners Court of Grayson County. |
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Sec. 54.2704. JURISDICTION. A magistrate has concurrent |
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criminal jurisdiction with the judges of the justice of the peace |
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courts of Grayson County. |
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Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners |
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Court of Grayson County shall establish the powers and duties of a |
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magistrate appointed under this subchapter. Except as otherwise |
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provided by the commissioners court, a magistrate has the powers of |
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a magistrate under the Code of Criminal Procedure and other laws of |
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this state and may administer an oath for any purpose. |
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(b) A magistrate shall give preference to performing the |
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duties of a magistrate under Article 15.17, Code of Criminal |
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Procedure. |
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(c) The commissioners court may designate one or more |
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magistrates to hold regular hearings to: |
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(1) give admonishments; |
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(2) set and review bail and conditions of release; |
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(3) appoint legal counsel; and |
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(4) determine other routine matters relating to |
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preindictment or pending cases within those courts' jurisdiction. |
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(d) In the hearings described by Subsection (c), a |
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magistrate shall give preference to the case of an individual held |
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in county jail. |
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(e) A magistrate may inquire into a defendant's intended |
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plea to the charge and set the case for an appropriate hearing |
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before a judge or master. |
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Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.2707. WITNESSES. (a) A witness who is sworn and |
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who appears before a magistrate is subject to the penalties for |
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perjury and aggravated perjury provided by law. |
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(b) A referring court may fine or imprison a witness or |
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other court participant for failure to appear after being summoned, |
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refusal to answer questions, or other acts of direct contempt |
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before a magistrate. |
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SECTION 2. This Act takes effect September 1, 2023. |