S.B. No. 251 establishes a framework for the appointment and jurisdiction of criminal law magistrates in Bell County, Texas. The bill adds a new Subchapter EE to Chapter 54 of the Government Code, which allows the Bell County Commissioners Court to select magistrates with jurisdiction over criminal matters. The commissioners court is responsible for setting the qualifications, salary, and whether the positions are full-time or part-time. To qualify, candidates must have either served as a justice of the peace or municipal court judge or have been licensed to practice law in Texas for at least two years. The magistrates will have concurrent criminal jurisdiction with the judges of the justice of the peace courts in Bell County.
Additionally, the bill outlines the powers and duties of the appointed magistrates, which include administering oaths, conducting hearings related to bail and legal counsel, and addressing routine matters in preindictment or pending cases. The bill also provides that magistrates will have the same judicial immunity as district judges and establishes penalties for witnesses who fail to comply with summons or refuse to answer questions. Furthermore, the bill amends Article 2A.151 of the Code of Criminal Procedure to include criminal magistrates appointed by the Bell County Commissioners Court among the types of magistrates recognized under the code.
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