SRC-CDH H.B. 3229 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3229
By: Oakley (Cain)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Currently, Kaufman County has four justices of the peace (JPs) who also
act as magistrates for the county.  The JPs are scheduled to alternate
duties for the county.  With two of the current JPs also serving as
municipal judges, combined with the present work load and the geographic
challenges of the county, it has become extremely difficult for the county
jail to have an efficient magistrate program.  The Kaufman County
Commissioners Court believes that it is necessary to have a magistrate
available on a more consistent basis.  The ability to provide an efficient
and reliable magistrate process will speed the disposal of cases and
improve judicial efficiency.  H.B. 3229 allows the district court judge of
Kaufman County to appoint criminal law magistrates, and to refer certain
criminal case proceedings to a magistrate.   

PURPOSE

As proposed, H.B. 3229 provides for the appointment of criminal law
magistrates in Kaufman County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter P, as
follows 

SUBCHAPTER P.  CRIMINAL LAW MAGISTRATES IN KAUFMAN COUNTY

Sec. 54.951.  APPOINTMENT.  Requires the judge of the district court of
Kaufman County, with the consent and approval of the Commissioners Court
of Kaufman County (commissioners court), to appoint the number of
magistrates set by the commissioners court to perform the duties
authorized by this subchapter.   

Sec. 54.952.  QUALIFICATIONS.  Requires a magistrate to be a resident of
this state and Kaufman County. 

Sec. 54.953.  COMPENSATION.  Provides that a magistrate is entitled to the
salary determined by the commissioners court, and is paid from the county
fund. 

Sec. 54.954.  JUDICIAL IMMUNITY.  Provides that a magistrate has the same
immunity as a district judge. 

Sec. 54.955.  TERMINATION OF SERVICES.  Provides that a magistrate serves
at the will of the district judge.  

Sec. 54.956.  PROCEEDINGS THAT MAY BE REFERRED.  Authorizes a judge to
refer to a magistrate any criminal case for certain proceedings.
Prohibits a magistrate from presiding over a contested trial on the
merits, regardless of whether the trial is before a jury.  

 Sec. 54.957.  PAPERS TRANSMITTED TO JUDGE.  Requires a magistrate, at the
conclusion of the proceedings, to transmit to the referring court any
papers relating to the case, including the magistrate's findings,
conclusions, orders, recommendations, or other action taken. 

Sec. 54.958.  JUDICIAL ACTION.  Authorizes a referring court to modify,
correct, reject, reverse, or recommit for further information any action
taken by the magistrate.  Provides that if the court does not modify,
correct, reject, reverse, or recommit an action of the magistrate, the
action becomes the decree of the court.  Requires the referring court, at
the conclusion of each term during which the services of a magistrate are
used, to enter a decree on the minutes adopting the actions of the
magistrate of which the court approves. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.