Bill Text: TX HB994 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
| By: Castro (Senate Sponsor - Zaffirini) | H.B. No. 994 | |
| (In the Senate - Received from the House April 11, 2011; | ||
| April 20, 2011, read first time and referred to Committee on | ||
| Criminal Justice; April 26, 2011, rerefered to Committee on | ||
| Jurisprudence; May 5, 2011, reported favorably by the following | ||
| vote: Yeas 6, Nays 1; May 5, 2011, sent to printer.) | ||
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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. | ||
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