C.S.S.B. 1465 78(R) BILL ANALYSIS
C.S.S.B. 1465
By: Lindsay
Judicial Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE
C.S.S.B. 1465 allows the judges of the district courts of Harris County
that give preference to criminal cases, with the consent and approval of
the commissioners court, to appoint criminal law magistrates to perform
duties associated with the administration of drug courts as authorized by
the bill.
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 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 agreed plea
bargains 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 an agreed plea bargain.
(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 an agreed plea
bargain.
(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 an agreed plea bargain 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.
EFFECTIVE DATE
September 1, 2003.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds a provision defining "drug court."
The substitute replaces references to negotiated pleas with references to
agreed plea bargain recommendations in several sections of the bill.