HB5620 - Relating to a criminal associate judge in Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green Counties.

  89R25439 AMF-D     By: Darby H.B. No. 5620     Substitute the following for H.B. No. 5620:     By:  Schofield C.S.H.B. No. 5620       A BILL TO BE ENTITLED   AN ACT   relating to a criminal associate judge in Coke, Concho, Irion,   Runnels, Schleicher, Sterling, and Tom Green Counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 54B, Government Code, is amended by   adding Subchapter B to read as follows:   SUBCHAPTER B.   CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION,   RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES           Sec.   54B.031.     APPOINTMENT. (a)   A judge of the 51st, 119th,   340th, or 391st district court may appoint a full-time or part-time   criminal associate judge to perform the duties authorized by this   subchapter if the commissioners court of the county in which the   court has jurisdiction has authorized the creation of an associate   judge position.             (b)     If a court has jurisdiction in more than one county, an   associate judge appointed by that court may serve only in a county   in which the commissioners court has authorized the appointment.           (c)     If more than one court in a county is subject to this   subchapter, the commissioners court may authorize the appointment   of an associate judge for each court or may authorize one or more   associate judges to share service with two or more courts.           (d)     If an associate judge serves more than one court, the   associate judge's appointment must be made as established by local   rule, but in no event by less than a vote of two-thirds of the judges   under whom the associate judge serves.           Sec.   54B.032.     APPLICABILITY. Except as provided by Section   54B.033, Subchapter A, Chapter 54A applies to a criminal associate   judge appointed under this subchapter.           Sec.   54B.033.     PROCEEDINGS THAT MAY BE REFERRED. (a)   A   judge may refer to a criminal associate judge any criminal case or   matter relating to a criminal case for proceedings involving:                 (1)     a negotiated plea of guilty or no contest and   sentencing before the court;                 (2)     a bond forfeiture, remittitur, and related   proceedings;                 (3)  a pretrial motion;                 (4)  a writ of habeas corpus;                 (5)  an examining trial;                 (6)  an occupational driver's license;                 (7)     a petition for an order of expunction under   Chapter 55A, Code of Criminal Procedure;                 (8)     an asset forfeiture hearing as provided by Chapter   59, Code of Criminal Procedure;                 (9)     a petition for an order of nondisclosure of   criminal history record information or an order of nondisclosure of   criminal history record information that does not require a   petition provided by Subchapter E-1, Chapter 411;                 (10)     a motion to modify or revoke community   supervision or to proceed with an adjudication of guilty;                 (11)     setting conditions, modifying, revoking, and   surrendering of bonds, including surety bonds;                 (12)  specialty court proceedings;                 (13)  a waiver of extradition; and                 (14)     any other matter the judge considers necessary   and proper.           (b)     A judge may refer to a criminal associate judge a civil   case arising out of Chapter 59, Code of Criminal Procedure, for any   purpose authorized by that chapter, including issuing orders,   accepting agreed judgments, enforcing judgments, and presiding   over a case on the merits if a party has not requested a jury trial.           (c)     A criminal associate judge may accept a plea of guilty   from a defendant charged with misdemeanor, felony, or both   misdemeanor and felony offenses.           (d)     A criminal associate judge may select a jury. A   criminal associate judge may not preside over a criminal trial on   the merits, whether or not the trial is before a jury.           (e)     A criminal associate judge may not hear a jury trial on   the merits of a bond forfeiture.           (f)     A judge of a designated juvenile court may refer to a   criminal associate judge any proceeding over which a juvenile court   has exclusive original jurisdiction under Title 3, Family Code,   including any matter ancillary to the proceeding.          SECTION 2.  Article 2A.151, Code of Criminal Procedure, is   amended to read as follows:          Art. 2A.151.  TYPES OF MAGISTRATES. The following officers   are magistrates for purposes of this code:                (1)  a justice of the supreme court;                (2)  a judge of the court of criminal appeals;                (3)  a justice of the courts of appeals;                (4)  a judge of a district court;                (5)  an associate judge appointed by:                      (A)  a judge of a district court or a statutory   county court that gives preference to criminal cases in Jefferson   County;                      (B)  a judge of a district court or a statutory   county court of Brazos County, Nueces County, or Williamson County;   [ or ]                      (C)  a judge of a district court under Chapter   54A, Government Code; or                       (D)     a judge of a district court under Subchapter   B, Chapter 54B, Government Code;                (6)  a criminal magistrate appointed by:                      (A)  the Brazoria County Commissioners Court; or                      (B)  the Burnet County Commissioners Court;                (7)  a criminal law hearing officer for:                      (A)  Harris County appointed under Subchapter L,   Chapter 54, Government Code; or                      (B)  Cameron County appointed under Subchapter   BB, Chapter 54, Government Code;                (8)  a magistrate appointed:                      (A)  by a judge of a district court of Bexar   County, Dallas County, or Tarrant County that gives preference to   criminal cases;                      (B)  by a judge of a criminal district court of   Dallas County or Tarrant County;                      (C)  by a judge of a district court or statutory   county court that gives preference to criminal cases in Travis   County;                      (D)  by the El Paso Council of Judges;                      (E)  by the Fort Bend County Commissioners Court;                      (F)  by the Collin County Commissioners Court; or                      (G)  under Subchapter JJ, Chapter 54, Government   Code;                (9)  a magistrate or associate judge appointed by a   judge of a district court of Lubbock County, Nolan County, or Webb   County;                (10)  a county judge;                (11)  a judge of:                      (A)  a statutory county court;                      (B)  a county criminal court; or                      (C)  a statutory probate court;                (12)  an associate judge appointed by a judge of a   statutory probate court under Chapter 54A, Government Code;                (13)  a justice of the peace; and                (14)  a mayor or recorder of a municipality or a judge   of a municipal court.          SECTION 3.  It is the intent of the 89th Legislature, Regular   Session, 2025, that the amendments made by this Act be harmonized   with another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 4.  This Act takes effect September 1, 2025.