Bill Text: TX SB2000 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to jurisdiction and court administration of the El Paso Criminal Law Magistrate Court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (N/A - Dead) 2015-03-30 - Referred to State Affairs [SB2000 Detail]
Download: Texas-2015-SB2000-Introduced.html
By: Rodríguez | S.B. No. 2000 | |
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relating to jurisdiction and court administration of the El Paso | ||
Criminal Law Magistrate Court. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.732, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.732. CREATION. The El Paso Criminal Law Magistrate | ||
Court is a court having the jurisdiction provided by this | ||
subchapter over offenses allegedly committed in El Paso County | ||
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SECTION 2. Section 54.733, Government Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) The criminal law magistrate court has concurrent | ||
criminal jurisdiction with the justice courts located in El Paso | ||
County. | ||
SECTION 3. Section 54.735, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.735. POWERS AND DUTIES. (a) The criminal law | ||
magistrate court or a judge of the criminal law magistrate court may | ||
issue writs of injunction and all other writs necessary for the | ||
enforcement of the jurisdiction of the court and may issue | ||
misdemeanor writs of habeas corpus in cases in which the offense | ||
charged is within the jurisdiction of the court or of any other | ||
court of inferior jurisdiction in the county. The court and the | ||
judge may punish for contempt as provided by law for district | ||
courts. A judge of the criminal law magistrate court has all other | ||
powers, duties, immunities, and privileges provided by law for: | ||
(1) justices of the peace when acting in a Class C | ||
misdemeanor case; | ||
(2) county court judges when acting in a Class A or | ||
Class B misdemeanor case; and | ||
(3) [ |
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felony case. | ||
(b) A judge of the criminal law magistrate court may hold an | ||
indigency hearing and a capias pro fine hearing. When acting as the | ||
judge who issued the capias pro fine, a judge of the criminal law | ||
magistrate court may make all findings of fact and law required of | ||
the judge who issued the capias pro fine. In conducting a hearing | ||
under this subsection, the judge of the criminal law magistrate | ||
court is empowered to make all findings of fact and to issue all | ||
orders necessary to properly dispose of the capias pro fine or | ||
indigency hearing in accordance with the provisions of the Code of | ||
Criminal Procedure applicable to a misdemeanor or felony case of | ||
the same type and level. | ||
SECTION 4. Section 54.736(b), Government Code, is amended | ||
to read as follows: | ||
(b) The council of judges shall ensure that the criminal law | ||
magistrate court gives preference to magistrate duties, as those | ||
duties apply to the county jail inmate population first and then to | ||
newly detained individuals, until the commissioners court provides | ||
funds for more than one judge to sit on the criminal law magistrate | ||
court. | ||
SECTION 5. Section 54.737(c), Government Code, is amended | ||
to read as follows: | ||
(c) The rules must provide that[ |
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a defendant under Article 17.031, Code of Criminal Procedure, under | ||
guidelines established by the council of judges. | ||
SECTION 6. Sections 54.738(a) and (c), Government Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (b) or local | ||
administrative rules, the local administrative judge or a judge of | ||
the criminal law magistrate court may transfer between courts a | ||
case that is pending in the court of any magistrate in the criminal | ||
law magistrate court's jurisdiction if the case is: | ||
(1) an [ |
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(2) a[ |
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misdemeanor case if an information has not been filed; or | ||
(3) a Class C misdemeanor [ |
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(c) Except as provided by Subsection (d) or local | ||
administrative rules, the local administrative judge may assign a | ||
judge on the council of judges, a judge of the criminal law | ||
magistrate court, a retired judge, or any other magistrate to act as | ||
presiding judge in a case that is pending in the court of any | ||
magistrate in the criminal law magistrate court's jurisdiction if | ||
the case is: | ||
(1) an [ |
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(2) a[ |
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misdemeanor case if an information has not been filed; or | ||
(3) a Class C misdemeanor [ |
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SECTION 7. Section 54.739(d), Government Code, is amended | ||
to read as follows: | ||
(d) A case assigned under this subchapter to the criminal | ||
law magistrate court from a district court, [ |
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law, or a justice court remains on the docket of the assigning court | ||
and in the assigning court's jurisdiction. | ||
SECTION 8. Section 54.741, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.741. FORFEITURES. Bail bonds and personal bonds | ||
may be forfeited by the criminal law magistrate court in the manner | ||
provided by Chapter 22, Code of Criminal Procedure, and those | ||
forfeitures shall be filed with: | ||
(1) the district clerk if associated with a felony | ||
case; | ||
(2) [ |
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associated with a Class A or Class B misdemeanor case; or | ||
(3) the same justice court clerk associated with the | ||
Class C misdemeanor case in which the bond was originally filed [ |
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SECTION 9. Section 54.742, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) When a justice clerk is the clerk under this subchapter, | ||
the justice clerk shall charge the same court costs for cases filed | ||
in, transferred to, or assigned to the criminal law magistrate | ||
court that are charged in the justice courts. | ||
SECTION 10. Section 54.744, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.744. JUDGES ON EL PASO COUNCIL OF JUDGES. Unless | ||
the local rules of administration provide otherwise, the judges on | ||
the El Paso Council of Judges and the judges on the criminal law | ||
magistrate court may sit and act for any magistrate in El Paso | ||
County on any unindicted felony or Class A or B misdemeanor case if | ||
an information has not been filed or any Class C misdemeanor case | ||
filed in a justice court. | ||
SECTION 11. Section 54.745(a), Government Code, is amended | ||
to read as follows: | ||
(a) As a condition for a defendant to enter any pretrial | ||
diversion program, including a behavioral modification program, a | ||
health care program, a specialty court program, or the functional | ||
equivalent that may be operated in El Paso County by El Paso County, | ||
Emergence Health Network, the City of El Paso, the West Texas | ||
Regional Adult Probation Department, a community partner approved | ||
by the council of judges, or a county or district attorney of El | ||
Paso County, a defendant must file in the court in which the charges | ||
are pending a sworn waiver of speedy trial motion requesting the | ||
court to approve without a hearing defendant's waiver of his speedy | ||
trial rights under the constitution and other law. If the court | ||
approves the waiver, the defendant is eligible for consideration | ||
for acceptance into a pretrial diversion program or equivalent | ||
program. | ||
SECTION 12. Sections 54.746(d) and (e), Government Code, | ||
are amended to read as follows: | ||
(d) A judge of a county court at law in El Paso County shall | ||
exercise jurisdiction granted by Subsection (a) over felony | ||
indictments and felony informations and justice court cases | ||
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felony or Class C misdemeanor is pending and only if the El Paso | ||
Council of Judges has so provided in the local administrative rules | ||
by a unanimous vote. The exercise of this jurisdiction outside El | ||
Paso County is as provided by Chapter 74 and other law. | ||
(e) A judge of a district court in El Paso County shall | ||
exercise jurisdiction granted by Subsection (a) over misdemeanor | ||
information and justice court cases only as a judge presiding for | ||
the court in which the misdemeanor is pending and only if the | ||
council of judges has so provided in the local administrative rules | ||
by a unanimous vote. The exercise of this jurisdiction outside El | ||
Paso County is as provided by the Court Administration Act (Chapter | ||
74) and other law. | ||
SECTION 13. Section 54.750, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) When conducting a capias pro fine hearing for any court, | ||
the criminal law magistrate court acts in the same capacity and with | ||
the same authority as the judge who issued the capias pro fine. | ||
SECTION 14. Sections 54.753(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The district clerk serves as clerk of the criminal law | ||
magistrate court, except that: | ||
(1) after a Class A or Class B misdemeanor information | ||
is filed in the county court at law and assigned to the criminal law | ||
magistrate court, the county clerk serves as clerk for that | ||
misdemeanor case; and | ||
(2) after a Class C misdemeanor is filed in a justice | ||
court and assigned to the criminal law magistrate court, the | ||
originating justice court clerk serves as clerk for that | ||
misdemeanor case. | ||
(b) The district clerk shall establish a docket and keep the | ||
minutes for the cases filed in or transferred to the criminal law | ||
magistrate court. The district clerk shall perform any other duties | ||
that local administrative rules require in connection with the | ||
implementation of this subchapter. The local administrative judge | ||
shall ensure that the duties required under this subsection are | ||
performed. To facilitate the duties associated with serving as the | ||
clerk of the criminal law magistrate court, the district clerk and | ||
the deputies of the district clerk may serve as deputy justice | ||
clerks and deputy county clerks at the discretion of the district | ||
clerk. | ||
SECTION 15. Section 54.759, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.759. LOCATION OF COURT. (a) The criminal law | ||
magistrate court may be held at one or more locations [ |
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the local administrative judge. | ||
(b) A defendant may be brought before the court in person or | ||
by means of an electronic broadcast system through which an image of | ||
the defendant is presented to the court. For purposes of this | ||
subsection, "electronic broadcast system" means a two-way | ||
electronic communication of image and sound between the defendant | ||
and the court. | ||
SECTION 16. This Act takes effect September 1, 2015. |