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AN ACT
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relating to the jurisdiction and powers of and the referral of |
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certain proceedings to a criminal law hearing officer in Cameron |
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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. Section 54.1356(a), Government Code, is amended |
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to read as follows: |
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(a) A criminal law hearing officer appointed under this |
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subchapter has limited concurrent jurisdiction over criminal cases |
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filed in the district courts, statutory county courts, and justice |
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courts of the county. The jurisdiction of the criminal law hearing |
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officer is limited to: |
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(1) determining probable cause for further detention |
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of any person detained on a criminal complaint, information, or |
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indictment filed in the district courts, statutory county courts, |
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or justice courts of the county; |
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(2) committing the defendant to jail, discharging the |
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defendant from custody, or admitting the defendant to bail, as the |
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law and facts of the case require; |
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(3) issuing search warrants and arrest warrants as |
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provided by law for magistrates; |
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(4) as to criminal cases filed in justice courts, |
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disposing of cases as provided by law, other than by trial, and |
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collecting fines and enforcing judgments and orders of the justice |
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courts in criminal cases; |
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(5) hearing, considering, and ruling on writs of |
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habeas corpus filed under Article 17.151, Code of Criminal |
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Procedure; [and] |
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(6) on motion of the district attorney: |
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(A) dismissing a criminal case when the arresting |
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agency has not timely filed the offense report with the district |
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attorney; and |
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(B) reducing the amount of bond on prisoners held |
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at the county jail whose cases have not been filed in a district |
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court or a statutory county court; and |
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(7) presiding over an extradition proceeding under |
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Article 51.13, Code of Criminal Procedure. |
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SECTION 2. Section 54.1358, Government Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) In accordance with Article 26.13, Code of Criminal |
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Procedure, a criminal law hearing officer may accept a plea of |
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guilty or nolo contendere. |
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(g) A criminal law hearing officer may determine whether a |
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defendant is indigent and appoint counsel for an indigent |
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defendant. |
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SECTION 3. Subchapter BB, Chapter 54, Government Code, is |
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amended by adding Section 54.1362 to read as follows: |
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Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district |
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judge or a county court at law judge may refer to a criminal law |
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hearing officer any criminal case for proceedings involving: |
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(1) a bond forfeiture; |
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(2) the arraignment of defendants; |
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(3) the determination of whether a defendant is |
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indigent and the appointment of counsel for an indigent defendant; |
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and |
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(4) a negotiated plea of guilty or nolo contendere |
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before the court, in accordance with Article 26.13, Code of |
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Criminal Procedure. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1774 was passed by the House on May 5, |
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2015, by the following vote: Yeas 144, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1774 was passed by the Senate on May |
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25, 2015, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |