Bill Text: TX HB1774 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the jurisdiction and powers of and the referral of certain proceedings to a criminal law hearing officer in Cameron County.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB1774 Detail]
Download: Texas-2015-HB1774-Enrolled.html
H.B. No. 1774 |
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relating to the jurisdiction and powers of and the referral of | ||
certain proceedings to a criminal law hearing officer in Cameron | ||
County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.1356(a), Government Code, is amended | ||
to read as follows: | ||
(a) A criminal law hearing officer appointed under this | ||
subchapter has limited concurrent jurisdiction over criminal cases | ||
filed in the district courts, statutory county courts, and justice | ||
courts of the county. The jurisdiction of the criminal law hearing | ||
officer is limited to: | ||
(1) determining probable cause for further detention | ||
of any person detained on a criminal complaint, information, or | ||
indictment filed in the district courts, statutory county courts, | ||
or justice courts of the county; | ||
(2) committing the defendant to jail, discharging the | ||
defendant from custody, or admitting the defendant to bail, as the | ||
law and facts of the case require; | ||
(3) issuing search warrants and arrest warrants as | ||
provided by law for magistrates; | ||
(4) as to criminal cases filed in justice courts, | ||
disposing of cases as provided by law, other than by trial, and | ||
collecting fines and enforcing judgments and orders of the justice | ||
courts in criminal cases; | ||
(5) hearing, considering, and ruling on writs of | ||
habeas corpus filed under Article 17.151, Code of Criminal | ||
Procedure; [ |
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(6) on motion of the district attorney: | ||
(A) dismissing a criminal case when the arresting | ||
agency has not timely filed the offense report with the district | ||
attorney; and | ||
(B) reducing the amount of bond on prisoners held | ||
at the county jail whose cases have not been filed in a district | ||
court or a statutory county court; and | ||
(7) presiding over an extradition proceeding under | ||
Article 51.13, Code of Criminal Procedure. | ||
SECTION 2. Section 54.1358, Government Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) In accordance with Article 26.13, Code of Criminal | ||
Procedure, a criminal law hearing officer may accept a plea of | ||
guilty or nolo contendere. | ||
(g) A criminal law hearing officer may determine whether a | ||
defendant is indigent and appoint counsel for an indigent | ||
defendant. | ||
SECTION 3. Subchapter BB, Chapter 54, Government Code, is | ||
amended by adding Section 54.1362 to read as follows: | ||
Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district | ||
judge or a county court at law judge may refer to a criminal law | ||
hearing officer any criminal case for proceedings involving: | ||
(1) a bond forfeiture; | ||
(2) the arraignment of defendants; | ||
(3) the determination of whether a defendant is | ||
indigent and the appointment of counsel for an indigent defendant; | ||
and | ||
(4) a negotiated plea of guilty or nolo contendere | ||
before the court, in accordance with Article 26.13, Code of | ||
Criminal Procedure. | ||
SECTION 4. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1774 was passed by the House on May 5, | ||
2015, by the following vote: Yeas 144, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1774 was passed by the Senate on May | ||
25, 2015, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |