Bill Text: TX HB3856 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the proceedings that may be referred to and the powers of a criminal law magistrate in Travis County.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3856 Detail]
Download: Texas-2011-HB3856-Enrolled.html
H.B. No. 3856 |
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relating to the proceedings that may be referred to and the powers | ||
of a criminal law magistrate in Travis County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.976, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) 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; | ||
(2) a pretrial motion; | ||
(3) an examining trial; | ||
(4) a [ |
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(5) a bond forfeiture suit; | ||
(6) issuance of search warrants; | ||
(7) setting, setting conditions, modifying, revoking, | ||
and surrendering of bonds, including surety bonds; | ||
(8) arraignment of defendants; | ||
(9) a motion to increase or decrease a bond; | ||
(10) a motion to revoke community supervision or to | ||
proceed to an adjudication; | ||
(11) an issue of competency or a civil commitment | ||
under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or | ||
without a jury; [ |
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(12) a motion to modify community supervision; | ||
(13) specialty court proceedings, including drug | ||
court proceedings, veteran's court proceedings, and driving while | ||
intoxicated court proceedings; | ||
(14) an expunction or a petition for nondisclosure; | ||
(15) an occupational driver's license; | ||
(16) a waiver of extradition; | ||
(17) the issuance of subpoenas and orders requiring | ||
the production of medical records, including records relating to | ||
mental health or substance abuse treatment; and | ||
(18) any other matter the judge considers necessary | ||
and proper. | ||
(b) A magistrate may select a jury. A magistrate may not | ||
preside over a contested criminal trial on the merits, regardless | ||
of whether the trial is before a jury. | ||
(d) A judge may refer to a magistrate proceedings involving | ||
a grand jury, including issuance of grand jury subpoenas, receipt | ||
of grand jury reports on behalf of a district judge, the granting of | ||
a grand jury request to recess, motions to compel testimony, and | ||
discharge of a grand jury at the end of a term. A magistrate may not | ||
impanel a grand jury. | ||
SECTION 2. Section 54.977, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) To refer one or more cases or matters to a magistrate, a | ||
judge must issue an order of referral specifying the magistrate's | ||
duties. | ||
(c) A judge may issue a general order of referral | ||
authorizing the magistrate to act on certain types of matters | ||
without requiring an order for each referral. Items that may be in | ||
the general order of referral include: | ||
(1) waivers of extradition; | ||
(2) search warrants; | ||
(3) bench warrants; | ||
(4) grand jury subpoenas; | ||
(5) subpoenas and orders requiring the production of | ||
medical records, including records relating to mental health and | ||
substance abuse treatment; and | ||
(6) records and other matters relating to the grand | ||
jury. | ||
SECTION 3. Section 54.978, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.978. POWERS. (a) Except as limited by an order of | ||
referral, a magistrate to whom a case or matter related to a | ||
criminal 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 pretrial motions; | ||
(11) recommend the rulings, orders, or judgment to be | ||
made in a case; | ||
(12) regulate proceedings in a hearing; | ||
(13) in any case referred under Section 54.976(a)(1): | ||
(A) accept a negotiated plea of guilty; | ||
(B) enter a finding of guilt and impose or | ||
suspend sentence; or | ||
(C) defer adjudication of guilty; [ |
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(14) notwithstanding Article 18.01(c), Code of | ||
Criminal Procedure, issue a search warrant under Article 18.02(10), | ||
Code of Criminal Procedure; | ||
(15) notwithstanding Article 18.01(h), Code of | ||
Criminal Procedure, issue a search warrant under Article 18.02(12), | ||
Code of Criminal Procedure; and | ||
(16) 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 not enter a ruling on any issue of law | ||
or fact if that ruling could result in dismissal or require | ||
dismissal of a pending criminal prosecution, but the magistrate may | ||
make findings, conclusions, and recommendations on those issues. 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 Subsection | ||
(a)(14) to issue a subsequent search warrant under Article | ||
18.02(10), Code of Criminal Procedure. | ||
(e) In this subsection, "pen register," "ESN reader," "trap | ||
and trace device," and "mobile tracking device" have the meanings | ||
assigned by Section 18.21, Code of Criminal Procedure. A | ||
magistrate may: | ||
(1) notwithstanding Section 2(a), Article 18.21, Code | ||
of Criminal Procedure, issue an order under Section 2, Article | ||
18.21, Code of Criminal Procedure, for the installation and use of: | ||
(A) a pen register; | ||
(B) an ESN reader; | ||
(C) a trap and trace device; or | ||
(D) equipment that combines the function of a pen | ||
register and a trap and trace device; | ||
(2) issue an order to obtain access to stored | ||
communications under Section 5, Article 18.21, Code of Criminal | ||
Procedure; and | ||
(3) notwithstanding Section 14(a), Article 18.21, | ||
Code of Criminal Procedure, issue an order for the installation and | ||
use of a mobile tracking device under Section 14, Article 18.21, | ||
Code of Criminal Procedure. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
cause of action referred to a magistrate on or after the effective | ||
date of this Act. A cause of action 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 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. 3856 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. 3856 was passed by the Senate on May | ||
25, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |