SRC-TAG S.B. 1465 78(R)    BILL ANALYSIS


Senate Research Center
S.B. 1465 
By: Lindsay
Criminal Justice
6/29/2003
Enrolled
DIGEST AND PURPOSE 

S.B. 1465 allows the commissioners court of Harris County to appoint
criminal law magistrates to perform duties associated with any criminal
case for drug court proceedings or any criminal case involving a
negotiated plea.   

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 Chapter 54, Government Code, by adding Subchapter X, as
follows: 

SUBCHAPTER X.  CRIMINAL  LAW MAGISTRATES IN HARRIS COUNTY

 Sec.  54.1201.  DEFINITIONS.  Defines "drug court."

Sec.  54.1202.  APPOINTMENT.  (a)  Authorizes the judges of the district
courts of Harris County that give preference to criminal cases, with the
consent and approval of the commissioners court of  Harris County to
appoint the number of magistrates set by the commissioners court to
perform the duties associated with the administration of drug courts and
acceptance and sentencing on negotiated pleas as authorized by this
subchapter.  

(b)  Requires each magistrate's appointment to be made with the approval
of the judges described in Subsection (a). 

(c)  Requires each magistrate to serve equally in the courts of those
judges, if the number of magistrates is less than the number of the
appointing judges.  

Sec.  54.1203.  QUALIFICATIONS.  Requires a magistrate to be a resident of
this state and of  Harris County and have been licensed to practice law in
this state for at least four years. 

Sec.  54.1204.  COMPENSATION.  Provides that a magistrate is entitled to
the salary determined by the commissioners court of  Harris County. 

 Sec.  54.1205.  JUDICIAL IMMUNITY.  Provides that a magistrate has the
same judicial immunity as a district judge. 

 Sec.  54.1206.  TERMINATION OF SERVICES.  Authorizes the services of a
magistrate to be terminated by a majority vote of the appointing judges of
the district courts of Harris County that give preference to criminal
cases. 

Sec.  54.1207.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  Authorizes a judge
to refer to a magistrate a criminal case for drug court proceedings and
any criminal case involving a negotiated plea.  
 
(b)  Prohibits a magistrate from presiding over a contested trial on the
merits, regardless of whether the trial is before a jury. 

 Sec.  54.1208.  ORDER OF REFERRAL.  (a)  Requires a judge or board of
judges trying criminal cases to issue an order of referral specifying the
magistrate's duties, in order to refer one or more cases to a drug court
magistrate accepting a negotiated plea.  

(b)  Authorizes an order of referral to limit the powers of the magistrate
and direct the magistrate to report on specific issues and perform
particular acts; set the time and place for the hearing; provide a date
for filing the magistrate's findings; designate proceedings for more than
one case over which the magistrate shall preside; direct the magistrate to
call the court's docket; and set forth general powers and limitations of
authority of the magistrate applicable to any case referred. 

Sec.  54.1209.  POWERS.  (a)  Authorizes a magistrate to whom a drug court
case is referred to take certain actions, except as limited by an order of
referral.  

(b)  Authorizes a magistrate to whom a negotiated plea is referred to take
certain actions, except as limited by an order of referral.  

(c)  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, but authorizes the magistrate to make
findings, conclusions, and recommendations on those issues. 

Sec.  54.1210.  RECORD OF PROCEEDINGS.  Requires the court, at the request
of a party, to provide that the proceedings before the magistrate be
recorded. 

Sec.  54.1211.  WITNESS.  (a)  Provides that a witness who appears before
a magistrate and is sworn is subject to the penalties for perjury provided
by law. 

(b)  Authorizes a supervising judge or judges to issue attachment against
and to fine or imprison a witness whose failure to appear after being
summoned or whose refusal to answer questions has been certified to the
court. 

 Sec.  54.1212.  PAPERS TRANSMITTED TO THE JUDGE.  Requires the
magistrate, at the conclusion of the proceedings, to transmit to the
referring court any papers relating to the case, including the
magistrate's findings, conclusions, orders, recommendations, or other
action taken. 

 Sec.  54.1213.  JUDICIAL ACTION.  (a)   Authorizes the supervising judge
or judges of a drug court to modify, correct, reject, reverse, or recommit
for further information any action taken by the magistrate.  

(b)  Provides that if the supervising judge does not modify, correct,
reject, reverse, or recommit an action of the magistrate, the action
becomes the decree of the court. 

(c)  Requires the supervising judge or judges, at the conclusion of each
term during which the services of a magistrate are used, to enter a decree
on the minutes of the referring court adopting the actions of the
magistrate of which the court approves.  
        
Sec.  54.1214.  CRIMINAL LAW MAGISTRATES.  (a)  Authorizes the judge, if a
criminal law magistrate appointed under this subchapter is absent or
unable to serve, to appoint another criminal law magistrate to serve for
the absent magistrate. 

 (b)  Provides that a criminal law magistrate serving for another
magistrate under this section has the powers and shall perform the duties
of the magistrate for whom the alternate is serving. 

SECTION 2.  Effective date: September 1, 2003.