| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a criminal associate judge in Coke, Concho, Irion, |
|
|
Runnels, Schleicher, Sterling, and Tom Green Counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 54B, Government Code, is amended by |
|
|
adding Subchapter B to read as follows: |
|
|
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, |
|
|
RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES |
|
|
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th, |
|
|
340th, or 391st district court may appoint a full-time or part-time |
|
|
criminal associate judge to perform the duties authorized by this |
|
|
subchapter if the commissioners court of the county in which the |
|
|
court has jurisdiction has authorized the creation of an associate |
|
|
judge position. |
|
|
(b) If a court has jurisdiction in more than one county, an |
|
|
associate judge appointed by that court may serve only in a county |
|
|
in which the commissioners court has authorized the appointment. |
|
|
(c) If more than one court in a county is subject to this |
|
|
subchapter, the commissioners court may authorize the appointment |
|
|
of an associate judge for each court or may authorize one or more |
|
|
associate judges to share service with two or more courts. |
|
|
(d) If an associate judge serves more than one court, the |
|
|
associate judge's appointment must 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. |
|
|
Sec. 54B.032. APPLICABILITY. Except as provided by Section |
|
|
54B.033, Subchapter A, Chapter 54A applies to a criminal associate |
|
|
judge appointed under this subchapter. |
|
|
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
|
|
judge may refer to a criminal associate judge any criminal case or |
|
|
matter relating to a criminal case for proceedings involving: |
|
|
(1) a negotiated plea of guilty or no contest and |
|
|
sentencing before the court; |
|
|
(2) a bond forfeiture, remittitur, and related |
|
|
proceedings; |
|
|
(3) a pretrial motion; |
|
|
(4) a writ of habeas corpus; |
|
|
(5) an examining trial; |
|
|
(6) an occupational driver's license; |
|
|
(7) a petition for an order of expunction under |
|
|
Chapter 55A, Code of Criminal Procedure; |
|
|
(8) an asset forfeiture hearing as provided by Chapter |
|
|
59, Code of Criminal Procedure; |
|
|
(9) 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 Subchapter E-1, Chapter 411; |
|
|
(10) a motion to modify or revoke community |
|
|
supervision or to proceed with an adjudication of guilty; |
|
|
(11) setting conditions, modifying, revoking, and |
|
|
surrendering of bonds, including surety bonds; |
|
|
(12) specialty court proceedings; |
|
|
(13) a waiver of extradition; and |
|
|
(14) any other matter the judge considers necessary |
|
|
and proper. |
|
|
(b) A judge may refer to a criminal associate judge a civil |
|
|
case arising out of Chapter 59, Code of Criminal Procedure, for any |
|
|
purpose authorized by that chapter, 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. |
|
|
(c) A criminal associate judge may accept a plea of guilty |
|
|
from a defendant charged with misdemeanor, felony, or both |
|
|
misdemeanor and felony offenses. |
|
|
(d) A criminal associate judge may select a jury. A |
|
|
criminal associate judge may not preside over a criminal trial on |
|
|
the merits, whether or not the trial is before a jury. |
|
|
(e) A criminal associate judge may not hear a jury trial on |
|
|
the merits of a bond forfeiture. |
|
|
(f) A judge of a designated juvenile court may refer to a |
|
|
criminal associate judge any proceeding over which a juvenile court |
|
|
has exclusive original jurisdiction under Title 3, Family Code, |
|
|
including any matter ancillary to the proceeding. |
|
|
SECTION 2. Article 2A.151, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2A.151. TYPES OF MAGISTRATES. The following officers |
|
|
are magistrates for purposes of this code: |
|
|
(1) a justice of the supreme court; |
|
|
(2) a judge of the court of criminal appeals; |
|
|
(3) a justice of the courts of appeals; |
|
|
(4) a judge of a district court; |
|
|
(5) an associate judge appointed by: |
|
|
(A) a judge of a district court or a statutory |
|
|
county court that gives preference to criminal cases in Jefferson |
|
|
County; |
|
|
(B) a judge of a district court or a statutory |
|
|
county court of Brazos County, Nueces County, or Williamson County; |
|
|
[or] |
|
|
(C) a judge of a district court under Chapter |
|
|
54A, Government Code; or |
|
|
(D) a judge of a district court under Subchapter |
|
|
B, Chapter 54B, Government Code; |
|
|
(6) a criminal magistrate appointed by: |
|
|
(A) the Brazoria County Commissioners Court; or |
|
|
(B) the Burnet County Commissioners Court; |
|
|
(7) a criminal law hearing officer for: |
|
|
(A) Harris County appointed under Subchapter L, |
|
|
Chapter 54, Government Code; or |
|
|
(B) Cameron County appointed under Subchapter |
|
|
BB, Chapter 54, Government Code; |
|
|
(8) a magistrate appointed: |
|
|
(A) by a judge of a district court of Bexar |
|
|
County, Dallas County, or Tarrant County that gives preference to |
|
|
criminal cases; |
|
|
(B) by a judge of a criminal district court of |
|
|
Dallas County or Tarrant County; |
|
|
(C) by a judge of a district court or statutory |
|
|
county court that gives preference to criminal cases in Travis |
|
|
County; |
|
|
(D) by the El Paso Council of Judges; |
|
|
(E) by the Fort Bend County Commissioners Court; |
|
|
(F) by the Collin County Commissioners Court; or |
|
|
(G) under Subchapter JJ, Chapter 54, Government |
|
|
Code; |
|
|
(9) a magistrate or associate judge appointed by a |
|
|
judge of a district court of Lubbock County, Nolan County, or Webb |
|
|
County; |
|
|
(10) a county judge; |
|
|
(11) a judge of: |
|
|
(A) a statutory county court; |
|
|
(B) a county criminal court; or |
|
|
(C) a statutory probate court; |
|
|
(12) an associate judge appointed by a judge of a |
|
|
statutory probate court under Chapter 54A, Government Code; |
|
|
(13) a justice of the peace; and |
|
|
(14) a mayor or recorder of a municipality or a judge |
|
|
of a municipal court. |
|
|
SECTION 3. It is the intent of the 89th Legislature, Regular |
|
|
Session, 2025, that the amendments made by this Act be harmonized |
|
|
with another Act of the 89th Legislature, Regular Session, 2025, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |