Enrolled Bill Summary

House Bill 4107	House Author:  Herrero et al.
Effective:  9-1-07	Senate Sponsor:  Hinojosa

            House Bill 4107 amends the Code of Criminal Procedure to include magistrates appointed by the judges of the district courts and the statutory county courts of Nueces County among those officers considered to be criminal law magistrates.  The bill amends the Government Code to set forth a magistrate's eligibility for appointment, appointment process, compensation, terms of employment, powers, and judicial immunity.  The bill specifies the type of criminal case proceedings that may be referred to a magistrate by the appointing judge and provides for a clerk and bailiff in those proceedings conducted by a magistrate.  House Bill 4107 prohibits an appointed magistrate from dismissing a case, authorizes the termination of a magistrate's services only on a majority vote of the judges of the type of court that appointed the magistrate, and authorizes the appointment of a temporary magistrate in the absence of a magistrate.  The bill requires a record of a criminal proceeding in a magistrate court, requires a magistrate to transmit to the judge of the referring court any papers relating to a case, authorizes the judge of the court in which the case is pending to change any action taken by a magistrate, and sets forth the requirements for a defendant in entering a pretrial diversion program or the functional equivalent that is authorized to be operated in Nueces County.