Bill Text: TX SB166 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the jurisdiction and powers of and the referral of certain proceedings to a criminal law hearing officer in Cameron County.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-01-27 - Referred to Criminal Justice [SB166 Detail]
Download: Texas-2015-SB166-Introduced.html
| 84R1843 RWG-F | ||
| By: Lucio | S.B. No. 166 | |
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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. | ||
