BILL ANALYSIS |
C.S.H.B. 994 |
By: Castro |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Under current law, a judge in Bexar County can refer certain proceedings in a criminal case to a criminal law magistrate in that county and the magistrate can exercise certain powers on such a referral. C.S.H.B. 994 expands the proceedings that can be referred to a Bexar County criminal magistrate and expands the powers a magistrate can exercise in such proceedings.
|
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
C.S.H.B. 994 amends the Government Code to include among the criminal case proceedings a judge in Bexar County is authorized to refer to a criminal law magistrate in the county a proceeding involving a plea of nolo contendere from a defendant charged with a felony offense, a misdemeanor offense when charged with both a misdemeanor offense and a felony offense, or a misdemeanor offense. The bill specifies that such authorization applies also to a proceeding involving a plea of guilty from a defendant charged with such an offense, rather than a negotiated plea of guilty before the court.
C.S.H.B. 994 authorizes a criminal law magistrate in Bexar County to whom a case is referred, except as limited by an order of referral, to accept a plea of guilty or nolo contendere from a defendant charged with a felony offense, a misdemeanor offense when charged with both a misdemeanor offense and a felony offense, or a misdemeanor offense, rather than only a plea of guilty for a misdemeanor from a defendant charged with both misdemeanor and felony offenses.
|
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2011.
|
COMPARISON OF ORIGINAL AND SUBSTITUTE
|
C.S.H.B. 994 differs from the original by authorizing the judge to refer to the magistrate a criminal proceeding involving a plea of guilty or nolo contendere from a defendant charged with any misdemeanor offense, whereas the original authorizes the judge to refer a criminal proceeding involving such a plea from a defendant charged with a Class C misdemeanor offense. The substitute differs from the original by authorizing the magistrate to accept a plea of guilty or nolo contendere from a defendant charged with any misdemeanor offense, whereas the original authorizes the magistrate to accept such a plea from a defendant charged with a Class C misdemeanor offense. The substitute differs from the original by making nonsubstantive changes not included in the original. |