84R7627 LED-F
	By: Moody	H.B. No. 2657

	A BILL TO BE ENTITLED
	AN ACT
	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
	[except for that portion of the county in the corporate limits of
	Vinton, Texas].
	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)  [for] district court judges when acting in a
	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[:
	[(1) a criminal law magistrate judge may not, on a
	regular basis, hold court or perform magistrate duties after 7 p.m.
	or before 7 a.m.; and
	[(2)] a criminal law magistrate judge may only release
	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 [any] unindicted felony case;
	(2)  a[,] Class A [misdemeanor case,] or Class B
	misdemeanor case if an information has not been filed; or
	(3)  a Class C misdemeanor [and if the] case [is pending
	in the court of any magistrate in the criminal law magistrate
	court's jurisdiction].
	(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 [any] unindicted felony case;
	(2)  a[,] Class A [misdemeanor case,] or Class B
	misdemeanor case if an information has not been filed; or
	(3)  a Class C misdemeanor [and if the] case [is pending
	in the court of any magistrate in the criminal law magistrate
	court's jurisdiction].
	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, [or] a county court at
	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)  [, except in cases in which] the county clerk if
	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 [is
	the clerk under this subchapter].
	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
	[information] only as a judge presiding for the court in which the
	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 [the location
	that is] provided by the local administrative rules or ordered by
	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 and includes secure Internet videoconferencing.
	SECTION 16.  This Act takes effect September 1, 2015.