SRC-JFA S.B. 611 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 611
By: Carona
Jurisprudence
2-19-97
As Filed


DIGEST 

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.  This bill amends the Dallas County magistrate authorization
statute to allow a county criminal court judge to appoint a magistrate.
Additionally, 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.  
    
PURPOSE

As proposed, S.B. 611 amends the Dallas County magistrate authorization
statute, Chapter 54D, Government Code, to allow a judge of a county
criminal court of Dallas County to appoint a magistrate.  Additionally,
this bill would allow a district court judge to refer to a magistrate
pleas of nolo contendere.  Finally, this bill would amend the statute to
require the court to provide a court reporter to record the proceeding
before a magistrate at the request of a party in a felony case. 

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 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: upon passage.