BILL ANALYSIS

 

 

 

C.S.H.B. 5620

By: Darby

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that judges across seven West Texas counties—Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green—have raised concerns regarding the limitations of their current magistrate system in effectively managing the region's growing and complex criminal case dockets. The bill author has also informed the committee that these counties, served by multiple district courts, face resource and personnel constraints that hinder timely and efficient adjudication of criminal proceedings and that the current judicial infrastructure lacks sufficient flexibility and coverage to manage pretrial motions, specialty court dockets, and other essential functions in a consistent and responsive manner. The bill author has further informed the committee that, in response to these operational challenges, local judges have requested the creation of an associate judge system to better support the workload across district courts. C.S.H.B. 5620 seeks to address this need and improve judicial efficiency by giving the judges of the 51st, 119th, 340th, and 391st district courts the ability to appoint full-time or part-time criminal associate judges, subject to approval from the applicable county commissioners court.

 

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

 

C.S.H.B. 5620 amends the Government Code to authorize a judge of the 51st, 119th, 340th, or 391st district court to appoint a full-time or part-time criminal associate judge to perform the duties authorized by the bill's provisions if the commissioners court of the county in which the court has jurisdiction has authorized the creation of an associate judge position. The bill does the following regarding an associate judge:

·         if a court has jurisdiction in more than one county, restricts an associate judge appointed by that court to serve only in a county in which the commissioners court has authorized the appointment; and

·         if more than one court in a county is subject to the bill's provisions, authorizes the commissioners court of the county to authorize the appointment of an associate judge for each court or to authorize one or more associate judges to share service with two or more courts.

The bill requires an associate judge's appointment, if the associate judge serves more than one court, to be made as established by local rule, but in no event by less than a vote of two-thirds of the judges under whom the associate judge serves. The bill establishes that, except as otherwise provided by the bill's provisions, statutory provisions governing criminal associate judges apply to an associate judge appointed under these bill provisions.

 

C.S.H.B. 5620 authorizes a judge to refer to a criminal associate judge any criminal case or matter relating to a criminal case for proceedings involving the following:

·         a negotiated plea of guilty or no contest and sentencing before the court;

·         a bond forfeiture, remittitur, and related proceedings;

·         a pretrial motion;

·         a writ of habeas corpus;

·         an examining trial;

·         an occupational driver's license;

·         a petition for an order of mandatory expunction of criminal records;

·         an asset forfeiture of contraband hearing as provided by applicable state law;

·         a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by applicable state law;

·         a motion to modify or revoke community supervision or to proceed with an adjudication of guilty;

·         setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;

·         specialty court proceedings;

·         a waiver of extradition; and

·         any other matter the judge considers necessary and proper.

 

C.S.H.B. 5620 authorizes a judge to refer to a criminal associate judge a civil case arising out of statutory provisions governing the forfeiture of contraband for any purpose authorized by those provisions, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial. The bill does the following regarding a criminal associate judge:

·         authorizes the judge to accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;

·         authorizes the judge to select a jury;

·         prohibits the judge from presiding over a criminal trial on the merits, whether or not the trial is before a jury; and

·         prohibits the judge from hearing a jury trial on the merits of a bond forfeiture.

The bill authorizes a judge of a designated juvenile court to refer to a criminal associate judge any proceeding over which a juvenile court has exclusive original jurisdiction under the juvenile justice code, including any matter ancillary to the proceeding.

 

C.S.H.B. 5620 amends the Code of Criminal Procedure to make an associate judge appointed by a judge of the 51st, 119th, 340th, or 391st district court a magistrate for purposes of that code.

 

C.S.H.B. 5620 establishes that it is the intent of the 89th Legislature, Regular Session, 2025, that the amendments by the bill be harmonized with another act of that legislative session relating to nonsubstantive additions to and corrections in enacted codes.

 

EFFECTIVE DATE

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 5620 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute includes a provision not present in the introduced making an associate judge appointed by a judge of the 51st, 119th, 340th, or 391st district court a magistrate for the purposes of the Code of Criminal Procedure.

 

Whereas the introduced established that, to the extent of any conflict, the bill's provisions prevail over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes, the substitute establishes that it is the intent of the 89th Legislature, Regular Session, 2025, that the bill's provisions be harmonized with another act of that legislative session relating to nonsubstantive additions to and corrections in enacted codes.