A criminal law hearing officer must give arrest warnings and be available to handle probable cause, bail, warrants, certain criminal case processing, pleas, and indigency matters; the officer may also take some of those actions when the stated conditions are met.
Sec. 54.1358. DUTIES AND POWERS. (a) A criminal law hearing officer shall inform a person arrested of the warnings described by Article 15.17, Code of Criminal Procedure. (b) A criminal law hearing officer may determine the amount of bail and grant bail under Chapter 17, Code of Criminal Procedure, and as otherwise provided by law. (c) A criminal law hearing officer may issue a magistrate's order for emergency apprehension and detention under Chapter 573, Health and Safety Code, if authorized by the judges of the statutory county courts of Cameron County and if the criminal law hearing officer makes each finding required by Section 573.012(b), Health and Safety Code. (d) The criminal law hearing officer shall be available, within the time provided by law following a defendant's arrest, to determine probable cause for further detention, administer warnings, inform the accused of the pending charges, and determine all matters pertaining to bail. Criminal law hearing officers shall be available to review and issue search warrants and arrest warrants as provided by law. (e) A criminal law hearing officer may dispose of criminal cases filed in the justice courts as provided by law, other than by trial, and collect fines and enforce the judgments and orders of the justice courts in criminal cases. (f) In accordance with Article 26.13, Code of Criminal Procedure, a criminal law hearing officer may accept a plea of guilty or nolo contendere. (g) A criminal law hearing officer may determine whether a defendant is indigent and appoint counsel for an indigent defendant. Added by Acts 2005, 79th Leg., Ch. 767 (H.B. 3485), Sec. 1, eff. September 1, 2005. Amended by: Acts 2015, 84th Leg., R.S., Ch. 743 (H.B. 1774), Sec. 2, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.02(b), eff. September 1, 2015.