SRC-JBJ H.B. 3000 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3000
77R3192 QS-DBy: Uresti (Madla)
Criminal Justice
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Currently in Bexar County, a magistrate is prohibited from entering a
ruling on any issue of the law or fact if that ruling could result in a
dismissal or require dismissal of a pending criminal prosecution. Judges
may be more predisposed to consider cases that have not been ruled on. Each
year, thousands of dismissals are filed in Bexar County that require the
signature of a judge and a representative of the state.  The large volume
of dismissals filed could cause a backlog in the system and may divert the
attention of judges from engaging in contested matters before the court.
Delegating the performance of such an administrative task could help
improve the flow of the judicial process.  H.B. 3000 deletes the provision
which prohibits a magistrate from entering a ruling on any issue of law or
fact if that ruling could result in dismissal or require dismissal of a
pending criminal prosecution.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.908, Government Code, to delete existing text
of Subsection (b) regarding certain rulings by a magistrate. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.