Darby Bill’s New Associate Judges Are Also Magistrates

The text as introduced · 658 words

By: Darby
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. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 3. This Act takes effect September 1, 2025.