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STATE OF TEXAS

86th Legislative Session

Important RESTORATIVE JUSTICE Bills


TEXAS ASSOCIATION OF COUNTIES - TEXAS IS IN A MENTAL HEALTH CRISIS

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Judge Kirk D. Noaker, Sr.
Burnet County Magistrate
Indigent Defense Coordinator
Mental Health Liaison


Tamara Tinney
Magistrate Court Clerk


MAILING ADDRESS:
Burnet County Jail
900 County Lane
Burnet, Texas 78611

PHONE:
(512) 715-8600, Ext #242

OFFICE HOURS:

M-F: 7A-4P, SA/SU/Holidays: VARY

** Burnet County holds Magistration Hearings DAILY **


Burnet County Court of Law, 220 South Pierce Street, Burnet, TX 78611 (Judge Linda Bayless)

512-715-5245

Justice of the Peace, PCT #1, 220 South Pierce Street Ste. 109, Burnet, TX 78611 (Judge Roxanne Nelson)

512-756-5421

Justice of the Peace, PCT #2, 220 South Pierce Street Ste. 105, Burnet, TX 78611 (Judge Lisa Whitehead)

512-756-5453

Justice of the Peace, PCT #3, 810 Steve Hawkins Pkwy, Marble Falls, TX 78654 (Judge Peggy Simon)

830-798-3212

Justice of the Peace, PCT #4, 810 Steve Hawkins Pkwy, Marble Falls, TX 78654 (Judge Debbie Bindseil)

830-798-3205

Bertram Municipal Court, 110 East Vaughn St. PO Box 1605, Bertram, TX 78605 (Judge Peggy Simon)

512-355-2197

Burnet Municipal Court, 1001 Buchanan Dr. PO Box 1369, Burnet, TX 78611 (Judge Peggy Simon)

512-756-2822

Cottonwood Municipal Court, 3808 Cottonwood Dr., Cottonwood Shores, TX 78657 (Judge Don Adams)

830-693-3830

Granite Shoals Municipal Court, 2221 N. Phillips Ranch Rd, Granite Shoals, TX 78654 (Judge Frank Reilly)

830-598-2424

Hamilton County Court, 100 W. Main, PO Box 706, Hamilton, TX 76531

254-386-1200

Horseshoe Bay Municipal Court, #1 Community Dr. Horseshoe Bay, TX 78657 (Judge Kevin Madison)

830-598-9972

Marble Falls Municipal Court, 606 Ave N, Marble Falls, TX 78654      (Judge Cheryl Pounds)

830-693-7173

Meadowlakes Municipal Court, 177 Broadmoor, Suite A, Meadowlakes, TX 78654 (Judge Don Adams)

830-693-6840

FORMS / INFORMATION SHEETS

Class A/B Misdemeanor Info Sheet
Class C Misdemeanor Info Sheet
Felony Degree(s) Info Sheet
Bluebonnet Trails Info Sheet
Protective Order (MOEP) Info Sheet
Motion / Request to Modify MOEP
Court Appointed Attorney Application


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JUDGE NOAKER BIO:

In December of 2016, the Burnet County Commissioner's Court appointed Judge Noaker as the Burnet County Criminal Magistrate. In addition to his role as Magistrate, Judge Noaker serves as the Burnet County Indigent Defense Coordinator and as the Burnet County Mental Health Liaison. Judge Noaker has a varied background of law enforcement and criminal defense work in his 30 years experience in the criminal justice field. His law enforcement experience includes tenures with the Baltimore Police Department (MD), Washington County Sheriff's Office (MD), US Drug Enforcement Administration (Task Force), US Federal Air Marshal Service, and the US Federal Bureau of Investigation (Task Force). After federal service, Judge Noaker worked as a criminal defense Capital Murder (FACT) Investigator with the State of Texas - RPDO (Regional Public Defender's Office for Capital Cases) organization that represents those indigent persons charged with capital murder and facing the death penalty. Not only is Judge Noaker serving as the Burnet County Magistrate, he is also the Associate Municipal Judge for the cities of Burnet and Bertram.


TAMARA TINNEY BIO:

Tamara Tinney joined the Magistrate’s Office in July of 2017 as the Court Clerk, a newly created position in response to the increased population of the Burnet County Jail.  She came to our office from Justice of the Peace Pct. 3 & 4 where she held the Rover Clerk position. Tamara has also worked in the Burnet County Jail Administration Office and in the Burnet County District Attorney’s office.  Her varied experience within the criminal justice system well qualifies her as the first ever Magistrate’s Court Clerk.  Tamara possesses a strong passion to help facilitate services for people in need… that, coupled with her legal expertise helps the Burnet County Magistrate’s Office remain current on legislative affairs and ensures that the office runs as efficiently as possible.  


WHAT IS A MAGISTRATE?

H.B. No. 3844 TX Creation of Burnet County Magistrate

All judges are magistrates. Article 2.09, Code of Criminal Procedure. All magistrates have co-equal jurisdiction with all other magistrates within the county and their jurisdiction is coextensive with the limits of the county. Gilbert v. State, 493 S.W.2d 783 (Tex. Crim. App. 1973), and Ex parte Clear, 573 S.W.2d 224 (Tex. Crim. App. 1978). As a magistrate, municipal judges are authorized to warn adult offenders of their respective rights as required by law. The duties of arresting peace officers and of magistrates are detailed in the Code of Criminal Procedure. Article 14.06 provides that peace officers must take the accused before a magistrate when a warrantless arrest is made pursuant to one of the exceptions to the warrant requirement. Such exceptions are stated in Chapter 14. Similarly, Article 15.17 requires that individuals arrested pursuant to a warrant also be brought before a magistrate. Presentation before a magistrate must take place without unnecessary delay, but in no event more than 48 hours after the person is arrested. Generally, a magistrate is involved in the preliminary stages of a criminal proceeding. Such proceedings involve adults accused of criminal offenses. Because the juvenile justice laws in Texas are civil proceedings, the preliminary stages of a child being taken into custody are governed by Title 3 of the Texas Family Code, not Article 15.17 of the Code of Criminal Procedure. In this sense, children who are taken into custody are not “magistrated” in the same manner as adults. Magistrates are, however, frequently involved in the procedures governing the taking of a confession by a child.

The Magistrate has the following legal authority:

• Issuance of Arrest Warrants
• Issuance of Search Warrants
• Magistration Hearings after Arrest or Detention (15.17 Hearings)
• Execution of Writs and Orders subsequent to arrest
• Determination of Bail subsequent to Arrest
• Orders for Emergency Protection
• Mental Health Emergency Commitments
• Examining Trials (Art. 39 Tx.C.C.P.)
• Property Hearings
• Dangerous Animal Determinations
• Peace Bonds

WHAT IS AN INDIGENT DEFENSE COORDINATOR?

The Indigent Defense Coordinator assists person(s) applying for indigent defense court appointed attorney applications and determines indigency. One objective of the Indigent Defense Coordinator is to reduce judicial time spent on court appointments, increase the likelihood that low literacy defendants are able to understand the court the application for court appoint attorney(s) and ensure the accuracy of the defendant’s data.

If you are currently facing criminal charges and believe you may qualify as being indigent and your charge is a Misdemeanor Class A, B, a State Jail Felony, or any Felony degree (Class C Misdemeanors are not eligible), scroll up to the Court Appointed Attorney Application link in the Forms / INFO Sheets section of this page to download the form. Ensure that you THOROUGHLY complete the application and submit it to the court that has jurisdiction in your legal matter. If you don't know the jurisdiction of your court, you may submit the application to the Burnet County Magistrate's Office via email: magclk@burnetcountytexas.org

If you have questions or need assistance in completing an application, please contact
the Magistrate Clerk Tamara Tinney at (512) 715-8600, ext. 242.

WHAT IS A MENTAL HEALTH LIAISON?

The Mental Health Liaison helps facilitate mental health services to those persons who face criminal charges. Additionally, those persons who suffer from substance abuse / addiction may benefit from the services of the local Burnet County MHMR authority, Bluebonnet Trails who also specializes in drug treatment programs.

For Mental Health Needs...

Contact the 24-Hour Crisis Hotline
(800) 841-1255
or
Bluebonnet Trails Community Services
4606 Innovation Loop
Marble Falls, TX 78654
(830) 798-2902


SANDRA BLAND ACT (Click on 85th Texas Legislative Session Image)



CHANGE OF ADDRESS...

Your court notices will be mailed to you.  If you have a change in mailing address, please inform the court.  You may do so by calling (512) 715-5203 for misdemeanor cases or (512) 756-5436 for felony cases.



You may also get court docket information online at:

Burnet County Jail or Court Records Search

(Login: User = visitor; Password = visitor)


TEXAS 86TH LEGISLATIVE SESSION - Important Restorative Justice Proposed Bills
03/11/2019

HB 246 | SB 294
This bill repeals the use of the death penalty in Texas while still allowing life without parole.

HB 256
This bill allows for parole after serving 20 actual calendar years for offenders who were under 18 at the time of their offense if they pass a comprehensive mental health evaluation.

HB 336 | HB 64 | HB 1537
This bill repeals the use of the death penalty in Texas while still allowing life without parole.

HB 344
This bill would raise the age of adult criminal responsibility from 17 to 18 years old.

HB 465
Under current law, low-income people who cannot afford to pay citations may lose their driver’s license and eventually receive jail time, causing them to lose jobs and housing, thereby driving them deeper into poverty.

HB 472
This bill eliminates the law of parties for capital murder so that an one individual in a group of offenders cannot be charged with murder committed by another member of the group.

HB 573 | HB 152
Currently, Texas law allows a person who committed a federal felony to apply to the governor for the restoration of civil rights after they serve their sentence. This bill would allow a person convicted of no more than one state felony to apply to the governor for a restoration of their civil rights, including the ability to serve in public office, on a jury, and as an estate's executor.

HB 601
This bill increases the accuracy of information collected about mentally ill persons who are accused of a crime. This will allow courts to make more informed decisions about release on personal bond and the recommended services provided to the person after such release.

HB 650
This bill establishes excellent rehabilitative care for incarcerated mothers by, among other things: providing parenting classes, prohibiting restraint while pregnant, allowing postpartum contact between a mother and her infant, and facilitating twice-weekly visits between a mother and her children. Care is subject to maintaining security.

HB 788
This bill would result in the publication of a study on Texas' use of parole.

HB 874 | SB 182
This bill prevents criminal changes or threats of criminal charges for payday or auto-title loan defaults.

HB 918 | SB 461
This bill would require Texas Department of Criminal Justice to provide an inmate who is released from prison with documents that would help the former inmate obtain employment, such as personal ID, a Social Security card, or a resume showing proficiency in a trade.

HB 1030
This bill would allow a judge to explain to a capital sentencing jury that unanimity is required and that every juror - acting alone - has the power to sentence a capital offender to life without parole rather than death.

HB 1153
Texas requires occupational licenses for more than 25 percent of professions, which creates especially difficult barriers to employment for the 40 percent of Texans who have an arrest or conviction record. This bill clarifies the licensing process and ensures that Texans with non-violent convictions have an opportunity to earn a professional license.

HB 1202
This bill prevents theft of service criminal changes for rent-to-own agreements.

HB 1323 | SB 628
Under current law, when a person is arrested he may be held in prison until his trial if he does not pay bail, and the amount of bail does not depend upon the arrested person's danger to society. As a result, many poor defendants who cannot afford bail are incarcerated before they ever receive a trial. This bill reforms the bail system to ensure the amount of bail depends on whether an arrested person is dangerous to the community or a flight risk.

HB 1342 | SB 523
Texas requires occupational licenses for more than 25 percent of professions, which creates especially difficult barriers to employment for the 40 percent of Texans who have an arrest or conviction record. Under this bill, a person may be disqualified from licensure only if they’ve been convicted of a violent offence or an offense that directly relates to the duties of the licensed occupation (e.g. theft & a locksmith license).

HB 1372
Under current law, low-income people who cannot afford to pay citations may lose their driver’s license and eventually receive jail time, causing them to lose jobs and housing, thereby driving them deeper into poverty. This bill reforms laws about suspension and revocation of a driver's license so that indigent offenders have a path to keep or earn back their license.

HB 1389
This bill would allow courts to provide deferred adjudication to parents who are the primary caretaker of children, and counseling, therapy, education, and parenting classes may be required as a condition of deferment.

HB 1651
This bill requires the Commission on Jail Standards to adopt rules governing the restraint of inmates who are pregnant or have given birth within the previous 12 weeks, and requires annual reports on the use of restraints.

HB 1653
This bill would provide grant funding to non-profits that partner with the state to offer reentry & reintegration programs to defendants released from a state jail. It would also provide formula funding for county’s' pretrial diversion programs that help minimize pretrial detention for defendants charged with a state jail felony.

HB 1753
Under current law, an offender on parole may be released early if their time in prison plus their time on probation equals half of their original sentence in prison. Under this bill, offenders would also be eligible for early release if they complete 10 years on probation. In either case, the person must: have no parole violations in the past 2 years, not had their parole revoked, and have made a good faith effort to comply with all court-ordered restitution efforts.

HB 1787
Under current law, theft of property worth up to $2,500 is a State Jail Felony if a person has been convicted of theft twice in the past. Under this bill, theft of property worth less than $100 is a Class A misdemeanor if a person has been convicted of theft twice in the past.

HB 1797
This bill prevents theft of service criminal changes for rent-to-own agreements.

HB 1911
This will would require the Texas Workforce Commission to establish and administer a low-interest loan program to support entrepreneurship among persons with disabilities. This bill allows the TWC to accept public and private gifts, grants, and donations for the program.

HB 1936
This bill prohibits the use of the death penalty on people who were severely mentally ill at the time of their crime.

SB 105 | SB 1155
This bill establishes a state-county partnership program to provide mental health services to people in Bexar County.

SB 155
This bill allows for parole after serving 20 actual calendar years for offenders who were under 18 at the time of their offense if they pass a comprehensive mental health evaluation.

SB 182 | HB 874
This bill prevents criminal changes or threats of criminal charges for payday or auto-title loan defaults.

SB 183 | HB 836
This bill prevents theft of service criminal changes for rent-to-own agreements.

SB 294 | HB 246
This bill repeals the use of the death penalty in Texas while still allowing life without parole. The TCCB supports this bill to end the use of the death penalty.

SB 362
This bill allows the courts to release an offender who has charges pending and is not deemed to be a danger to others to be released on bail and receive court ordered mental health services.

SB 418 | HB 1139
This bill prohibits the use of the death penalty on people who have an intellectual disability.

SB 461 | HB 918
This bill would require Texas Department of Criminal Justice to provide an inmate who is released from prison with documents that would help the former inmate obtain employment, such as personal ID, a Social Security card, or a resume showing proficiency in a trade.

SB 488
This bill ensures that juvenile defendants are allowed to wear non-correctional clothes during trial and are not restrained unless they pose a safety or flight risk. The bill also provides training on childhood trauma to judges who hear cases involving children in foster care or the juvenile justice system.

SB 495
This bill establishes a mediation process for all juvenile defendants and for adult defendants who have no prior convictions and are charged with crimes against property, such as robbery, theft, or fraud. With the consent of victims and prosecuting attorneys, eligible defendants may enter mediation in which they apologize and pay restitution to the victim as well as perform community service. Adult defendants who successfully complete mediation may have charges dismissed; juveniles may have their records sealed.

SB 523 | HB 1342
Texas requires occupational licenses for more than 25 percent of professions, which creates especially difficult barriers to employment for the 40 percent of Texans who have an arrest or conviction record. Under this bill, a person may be disqualified from licensure only if they’ve been convicted of a violent offence or an offense that directly relates to the duties of the licensed occupation (e.g. theft & a locksmith license).

SB 593
This bill requires the state to adopt procedures for local mental health authorities to receive information necessary for prisoners to receive services.

SB 628 | HB 1323
Under current law, when a person is arrested they may be held in prison until their trial if they do not pay bail, and the amount of bail does not depend upon the arrested person's danger to society. As a result, many poor defendants who cannot afford bail are incarcerated before they ever receive a trial. This bill reforms the bail system to ensure that the amount of bail depends on whether an arrested person is dangerous to the community or a flight risk.

SB 716 | HB 3054 | SB 1616
This bill removes directives that require judges and attorneys to lie to jurors about the level of unanimity required for a death sentence.

SB 929
This bill eliminates the law of parties for capital murder so that one individual in a group of offenders cannot be charged with murder committed by another member of the group.


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