Bill Text: TX SB1519 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the appointment of a judge or magistrate to preside over a regional specialty court program and the authority of that judge or magistrate in cases referred to the program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to Jurisprudence [SB1519 Detail]

Download: Texas-2021-SB1519-Introduced.html
  87R2007 YDB-F
 
  By: Seliger S.B. No. 1519
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of a judge or magistrate to preside over
  a regional specialty court program and the authority of that judge
  or magistrate in cases referred to the program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 121, Government Code, is amended by
  adding Sections 121.003 and 121.004 to read as follows:
         Sec. 121.003.  APPOINTMENT OF PRESIDING JUDGE OR MAGISTRATE
  FOR REGIONAL SPECIALTY COURT PROGRAM. A judge or magistrate of a
  district court or statutory county court who is authorized by law to
  hear criminal cases may be appointed to preside over a regional
  specialty court program recognized under this subtitle only if:
               (1)  the local administrative district and statutory
  county court judges of each county participating in the program
  approve the appointment by majority vote or another approval method
  selected by the judges; and
               (2)  the presiding judges of each of the administrative
  judicial regions in which the participating counties are located
  sign an order granting the appointment.
         Sec. 121.004.  JURISDICTION AND AUTHORITY OF JUDGE OR
  MAGISTRATE IN REGIONAL SPECIALTY COURT PROGRAM. (a) A judge or
  magistrate appointed to preside over a regional specialty court
  program may hear any misdemeanor or felony case properly
  transferred to the program by an originating trial court
  participating in the program, regardless of whether the originating
  trial court and specialty court program are in the same county. The
  appointed judge or magistrate may exercise only the authority
  granted under this subtitle.
         (b)  The judge or magistrate of a regional specialty court
  program may for a case properly transferred to the program:
               (1)  enter orders, judgments, and decrees for the case;
               (2)  sign orders of detention, order community service,
  or impose other reasonable and necessary sanctions;
               (3)  send recommendations for dismissal and expunction
  to the originating trial court for a defendant who successfully
  completes the program; and
               (4)  return the case and documentation required by this
  subtitle to the originating trial court for final disposition on a
  defendant's successful completion of or removal from the program.
         (c)  A visiting judge assigned to preside over a regional
  specialty court program has the same authority as the judge or
  magistrate appointed to preside over the program.
         SECTION 2.  (a)  Section 121.003, Government Code, as added
  by this Act, applies only to the appointment of a judge or
  magistrate to preside over a regional specialty court program that
  occurs on or after the effective date of this Act.
         (b)  Section 121.004, Government Code, as added by this Act,
  applies to a case pending in a regional specialty court program on
  or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
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