Bill Text: TX HB994 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-05-27 - Effective immediately [HB994 Detail]
Download: Texas-2011-HB994-Enrolled.html
H.B. No. 994 |
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relating to proceedings that may be referred to and the powers of a | ||
criminal law magistrate in Bexar County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.906(a), Government Code, is amended | ||
to read as follows: | ||
(a) A judge may refer to a magistrate any criminal case for | ||
proceedings involving: | ||
(1) a bond forfeiture; | ||
(2) a pretrial motion; | ||
(3) a postconviction writ of habeas corpus; | ||
(4) an examining trial; | ||
(5) the issuance of search warrants, including a | ||
search warrant under Article 18.02(10), Code of Criminal Procedure, | ||
notwithstanding Article 18.01(c), Code of Criminal Procedure; | ||
(6) the setting of bonds; | ||
(7) the arraignment of defendants; and | ||
(8) any other matter the judge considers necessary and | ||
proper, including a [ |
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from a defendant charged with: | ||
(A) a felony offense; | ||
(B) a misdemeanor offense when charged with both | ||
a misdemeanor offense and a felony offense; or | ||
(C) a misdemeanor offense [ |
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SECTION 2. Section 54.908(a), Government Code, is amended | ||
to read as follows: | ||
(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 or nolo contendere [ |
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(A) a felony offense; | ||
(B) a [ |
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with both a misdemeanor offense and a felony offense [ |
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(C) a misdemeanor offense; | ||
(14) notwithstanding Article 18.01(c), Code of | ||
Criminal Procedure, issue a search warrant under Article 18.02(10), | ||
Code of Criminal Procedure; and | ||
(15) do any act and take any measure necessary and | ||
proper for the efficient performance of the duties required by the | ||
order of referral. | ||
SECTION 3. 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. 994 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 994 was passed by the Senate on May | ||
11, 2011, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |