PMWJ S.B. 611 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 611
By: Carona (Garcia)
4-2-97
Committee Report (Unamended)


BACKGROUND 

 Currently, the Dallas County magistrate authorization statute, Chapter
54D, Government Code, does not allow a judge of a county criminal court of
Dallas County to appoint a magistrate to perform the duties authorized by
Chapter 54D.  Additionally, the statute does not allow a district court
judge to refer to a magistrate a plea of nolo contendere.  The use of a
magistrate by county criminal court judges would allow the courts to
function more efficiently.  The ability of a magistrate to accept
additional pleas would maximize the use of the district court judge's time
in trial.  

    
PURPOSE

 This bill amends the Dallas County magistrate authorization statute to
allow a county criminal court judge to appoint a magistrate.  In addition,
this bill would amend the statute to allow a district court judge to refer
to a magistrate a plea of nolo contendere.  Finally, this bill would
require the court to provide a court reporter to record the proceedings
before a magistrate at the request of a party in a felony case.  


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 54.301(a), Government Code, to authorize each
judge of a county criminal court of Dallas County, among other judges, to
appoint a magistrate to perform the duties authorized by this subchapter.
Makes a conforming change.  

 SECTION 2 amends Section 54.306(a), Government Code, to authorize a judge
to refer to a magistrate any matter arising out of a criminal case
involving a nolo contendere or an occupational driver's license, among
other items.  Makes conforming changes.  

 SECTION 3 amends Section 54.308(c), Government Code, to authorize a
magistrate who is appointed by a district court judge to whom a case is
referred to accept a plea of guilty or nolo contendere.  Makes a
conforming change.  

 SECTION 4 amends Section 54.309, Government Code, to require a court to
provide a court reporter to record the proceeding before the magistrate at
the request of a party in a felony case.   

 SECTION 5. Emergency clause.  Effective date.