SRC-JLB S.B. 922 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 922
78R3103 YDB-DBy: Harris
Jurisprudence
3/14/2003
As Filed


DIGEST 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

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 54.651(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.