| |
| |
| |
|
|
AN ACT
|
|
|
relating to the creation of criminal law magistrates for Burnet |
|
|
County. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 54, Government Code, is amended by |
|
|
adding Subchapter JJ to read as follows: |
|
|
SUBCHAPTER JJ. BURNET COUNTY CRIMINAL MAGISTRATES |
|
|
Sec. 54.1951. APPOINTMENT. (a) The Commissioners Court of |
|
|
Burnet County may select magistrates to serve the courts of Burnet |
|
|
County having jurisdiction in criminal matters. |
|
|
(b) The commissioners court shall establish the minimum |
|
|
qualifications, salary, benefits, and other compensation of each |
|
|
magistrate position and shall determine whether the position is |
|
|
full-time or part-time. The qualifications must require the |
|
|
magistrate to: |
|
|
(1) have served as a justice of the peace or municipal |
|
|
court judge; or |
|
|
(2) be an attorney licensed in this state. |
|
|
(c) A magistrate appointed under this section serves at the |
|
|
pleasure of the commissioners court. |
|
|
Sec. 54.1952. JURISDICTION. A magistrate has concurrent |
|
|
criminal jurisdiction with the judges of the justice of the peace |
|
|
courts of Burnet County. |
|
|
Sec. 54.1953. POWERS AND DUTIES. (a) The Commissioners |
|
|
Court of Burnet County shall establish the powers and duties of a |
|
|
magistrate appointed under this subchapter. Except as otherwise |
|
|
provided by the commissioners court, a magistrate has the powers of |
|
|
a magistrate under the Code of Criminal Procedure and other laws of |
|
|
this state and may administer an oath for any purpose. |
|
|
(b) A magistrate shall give preference to performing the |
|
|
duties of a magistrate under Article 15.17, Code of Criminal |
|
|
Procedure. |
|
|
(c) The commissioners court may designate one or more |
|
|
magistrates to hold regular hearings to: |
|
|
(1) give admonishments; |
|
|
(2) set and review bail and conditions of release; |
|
|
(3) appoint legal counsel; and |
|
|
(4) determine other routine matters relating to |
|
|
preindictment or pending cases within those courts' jurisdiction. |
|
|
(d) In the hearings provided under Subsection (c), a |
|
|
magistrate shall give preference to the case of an individual held |
|
|
in county jail. |
|
|
(e) A magistrate may inquire into a defendant's intended |
|
|
plea to the charge and set the case for an appropriate hearing |
|
|
before a judge or master. |
|
|
Sec. 54.1954. JUDICIAL IMMUNITY. A magistrate has the same |
|
|
judicial immunity as a district judge. |
|
|
Sec. 54.1955. WITNESSES. (a) A witness who is sworn and |
|
|
who appears before a magistrate is subject to the penalties for |
|
|
perjury and aggravated perjury provided by law. |
|
|
(b) A referring court may fine or imprison a witness or |
|
|
other court participant for failure to appear after being summoned, |
|
|
refusal to answer questions, or other acts of direct contempt |
|
|
before a magistrate. |
|
|
SECTION 2. Article 2.09, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
|
|
officers is a magistrate within the meaning of this Code: The |
|
|
justices of the Supreme Court, the judges of the Court of Criminal |
|
|
Appeals, the justices of the Courts of Appeals, the judges of the |
|
|
District Court, the magistrates appointed by the judges of the |
|
|
district courts of Bexar County, Dallas County, or Tarrant County |
|
|
that give preference to criminal cases, the criminal law hearing |
|
|
officers for Harris County appointed under Subchapter L, Chapter |
|
|
54, Government Code, the criminal law hearing officers for Cameron |
|
|
County appointed under Subchapter BB, Chapter 54, Government Code, |
|
|
the magistrates appointed by the judges of the district courts of |
|
|
Lubbock County, Nolan County, or Webb County, the magistrates |
|
|
appointed by the judges of the criminal district courts of Dallas |
|
|
County or Tarrant County, the masters appointed by the judges of the |
|
|
district courts and the county courts at law that give preference to |
|
|
criminal cases in Jefferson County, the magistrates appointed by |
|
|
the judges of the district courts and the statutory county courts of |
|
|
Brazos County, Nueces County, or Williamson County, the magistrates |
|
|
appointed by the judges of the district courts and statutory county |
|
|
courts that give preference to criminal cases in Travis County, the |
|
|
criminal magistrates appointed by the Brazoria County |
|
|
Commissioners Court, the criminal magistrates appointed by the |
|
|
Burnet County Commissioners Court, the county judges, the judges of |
|
|
the county courts at law, judges of the county criminal courts, the |
|
|
judges of statutory probate courts, the associate judges appointed |
|
|
by the judges of the statutory probate courts under Subchapter G, |
|
|
Chapter 54, Government Code, the associate judges appointed by the |
|
|
judge of a district court under Subchapter II, Chapter 54, |
|
|
Government Code, the justices of the peace, and the mayors and |
|
|
recorders and the judges of the municipal courts of incorporated |
|
|
cities or towns. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3844 was passed by the House on May |
|
|
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3844 was passed by the Senate on May |
|
|
25, 2011, by the following vote: Yeas 31, Nays 0 |
|
|
. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |