Bill Text: TX HB1904 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the powers and compensation of criminal law magistrates in Tarrant County.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1904 Detail]
Download: Texas-2017-HB1904-Enrolled.html
H.B. No. 1904 |
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relating to the powers and compensation of criminal law magistrates | ||
in Tarrant County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.653, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.653. COMPENSATION. (a) A full-time magistrate is | ||
entitled to the salary determined by the Commissioners Court of | ||
Tarrant County. | ||
(b) The salary of a full-time magistrate may not exceed 90 | ||
percent of the sum of: | ||
(1) [ |
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to a district judge by the state under Section 659.012; and | ||
(2) the maximum amount of county contributions and | ||
supplements allowed by law to be paid to a district judge under | ||
Section 659.012 [ |
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(c) The salary of a part-time magistrate is equal to the | ||
per-hour salary of a full-time magistrate. The per-hour salary is | ||
determined by dividing the annual salary by a 2,080 work-hour year. | ||
The judges of the courts trying criminal cases in Tarrant County | ||
shall approve the number of hours for which a part-time magistrate | ||
is to be paid. | ||
(d) A [ |
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available for payment of officers' salaries. | ||
SECTION 2. Section 54.656(a), Government Code, is amended | ||
to read as follows: | ||
(a) A judge may refer to a magistrate 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 [ |
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(5) an examining trial; | ||
(6) an occupational driver's license; | ||
(7) a petition for an [ |
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under Chapter 55, Code of Criminal Procedure; | ||
(8) an asset forfeiture hearing as provided by Chapter | ||
59, Code of Criminal Procedure; | ||
(9) a petition for an [ |
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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 [ |
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community supervision or to proceed with an adjudication of guilt | ||
[ |
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(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. | ||
SECTION 3. Section 54.658, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.658. POWERS. (a) Except as limited by an order of | ||
referral, a magistrate to whom a case is referred may: | ||
(1) conduct hearings; | ||
(2) hear evidence; | ||
(3) compel production of relevant evidence; | ||
(4) rule on admissibility of evidence; | ||
(5) issue summons for the appearance of witnesses; | ||
(6) examine witnesses; | ||
(7) swear witnesses for hearings; | ||
(8) make findings of fact on evidence; | ||
(9) formulate conclusions of law; | ||
(10) rule on a pretrial motion; | ||
(11) recommend the rulings, orders, or judgment to be | ||
made in a case; | ||
(12) regulate proceedings in a hearing; | ||
(13) accept a plea of guilty from a defendant charged | ||
with misdemeanor, felony, or both misdemeanor and felony offenses; | ||
(14) select a jury; | ||
(15) accept a negotiated plea on a probation | ||
revocation; | ||
(16) conduct a contested probation revocation | ||
hearing; | ||
(17) sign a dismissal in a misdemeanor case; [ |
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(18) in any case referred under Section 54.656(a)(1), | ||
accept a negotiated plea of guilty or no contest and: | ||
(A) enter a finding of guilt and impose or | ||
suspend the sentence; or | ||
(B) defer adjudication of guilt; and | ||
(19) do any act and take any measure necessary and | ||
proper for the efficient performance of the duties required by the | ||
order of referral. | ||
(b) A magistrate may sign a motion to dismiss submitted by | ||
an attorney representing the state on cases referred to the | ||
magistrate, or on dockets called by the magistrate, and may | ||
consider unadjudicated cases at sentencing under Section 12.45, | ||
Penal Code. | ||
(c) A magistrate has all of the powers of a magistrate under | ||
the laws of this state and may administer an oath for any purpose. | ||
(d) A magistrate does not have authority under Article | ||
18.01(c), Code of Criminal Procedure, to issue a subsequent search | ||
warrant under Article 18.02(10), Code of Criminal Procedure. | ||
SECTION 4. The changes in law made by Sections 2 and 3 of | ||
this Act apply to a matter or case referred to a magistrate on or | ||
after the effective date of this Act. A matter or case referred to a | ||
magistrate before the effective date of this Act is governed by the | ||
law in effect immediately before that date, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1904 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1904 was passed by the Senate on May | ||
22, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |