S.B. 922 78(R)    BILL ANALYSIS


S.B. 922
By: Harris
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, a magistrate appointed in Tarrant County must have the
unanimous approval of all criminal judges in said county.  In addition,
magistrates in Tarrant County may take a plea of guilty for a misdemeanor
from a defendant who is charged with both felony and a misdemeanor
offenses. As proposed, S.B. 922 reduces the required unanimous approval of
all criminal judges to a two-thirds majority of said judges; allows a
magistrate to accept a plea of guilty from those only charged with a
misdemeanor, a felony, or both misdemeanor and felony offenses; and allows
a magistrate to select a jury.  

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. 

ANALYSIS

SECTION 1.  Amends Section 54.651(b), Government Code, to require each
magistrate's appointment to be made with the approval of at least
two-thirds, rather than the unanimous approval, of all the judges
described in Subsection (a). 

SECTION 2.  Amends Sections 54.656(b) and (c), Government Code, as follows:
 
 (b)  Authorizes a magistrate to accept a plea of guilty from a defendant
charged with  misdemeanor, felony, or both misdemeanor and felony
offenses. 

(c)  Authorizes a magistrate to select a jury.  Prohibits a magistrate
from presiding over a trial on the merits, whether or not the trial is
before a jury. 

SECTION 3.  Amends Section 54.658(a), Government Code, to authorize a
magistrate to whom a case is referred, except as limited by an order of
referral, to perform certain acts, including accepting a plea of guilty
from a defendant charged with misdemeanor, felony, or both misdemeanor and
felony offenses and to select a jury. 
 
SECTION 4.  Effective date:  September 1, 2003.

EFFECTIVE DATE

September 1, 2003.