SRC-TAG S.B. 1465 78(R) BILL ANALYSIS Senate Research Center S.B. 1465 By: Lindsay Criminal Justice 4/14/2003 As Filed DIGEST AND PURPOSE As proposed, S.B. 1465 allows certain populous counties 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 U, Criminal Law Masters in Certain Counties, as follows: SECTION 2. Section 54.1100. APPLICATION. Provides that this subchapter only applies to counties with a population of 3.3 million or more. SECTION 3. Section 54.1101. APPOINTMENT. (a) Authorizes the judges of the district courts that give preference to criminal case, in counties with a population of 3.3 or more, and with the consent and approval of the commissioners court of that county to appoint the number of magistrates set by the commissioners court to perform the duties associated with the administration of drug courts and/or 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. SECTION 4. Section 54.1102. QUALIFICATIONS. Requires a magistrate to be a resident of this state and of the county in which the magistrate is appointed and have been licensed to practice law in this state for at least four years. SECTION 5. Section 54.1103. COMPENSATION. Provides that a magistrate is entitled to the salary determined by the commissioners court of the county in which they are appointed to serve. SECTION 6. Section 54.1104. JUDICIAL IMMUNITY. Provides that a magistrate has the same judicial immunity as a district judge. SECTION 7. Section 54.1105. TERMINATION OF SERVICES. Authorizes the services of a magistrate to be terminated by a majority vote of the appointing judges of the district courts that give preference to criminal cases. SECTION 8. Section 54.1106. PROCEEDINGS THAT MAY BE REFERRED. (a) Authorizes a judge to refer to a magistrate any 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. SECTION 9. Section 54.1107. ORDER OF REFERRAL. (a) Requires a judge or board of judges 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 do 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. SECTION 10. Section 54.1108. 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. SECTION 11. Section 54.1109. RECORD OF PROCEEDINGS. Requires the court, at the request of a party, to provide that proceedings before the magistrate be recorded. SECTION 12. Section 54.1110. 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. SECTION 13. Section 54.1111. 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. SECTION 14. Section 54.1112. 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 adopting the actions of the magistrate of which the court approves. SECTION 15. Section 54.1113. 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. Effective date: 91st day after the date of final adjournment. [Bill as drafted does not contain a specific effective date.]