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.]