AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The purpose of this legislation is to expand the powers of Bexar County magistrate judges to include a plea of guilty or nolo contendere for all misdemeanor charges.
This bill would help Bexar County magistrates realize their full potential by expanding their duties to include a plea of guilty or nolo contendere for all misdemeanor charges.
Currently, magistrate judges may accept only a plea of guilty for a misdemeanor from a defendant charged with both misdemeanor and felony offenses.
This legislation would allow all Bexar County magistrate judges to accept a plea of guilty or nolo contendere for all misdemeanor charges
As proposed, S.B. 1894 amends current law relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 54.906(a), Government Code, as follows:
(a) Authorizes a judge to refer to a magistrate any criminal case for certain proceedings, including proceedings involving a plea of guilty or nolo contendere from a defendant charged with a misdemeanor offense, and a plea of guilty or nolo contendere for a misdemeanor from a defendant charged with both misdemeanor and felony offenses. Makes nonsubstantive changes.
SECTION 2. Amends Section 54.908(a), Government Code, as follows:
(a) Authorizes a magistrate to whom a case is referred, except as limited by an order of referral, to conduct certain activities, including accepting a plea of guilty from a defendant charged with a misdemeanor offense. Makes nonsubstantive changes.
SECTION 3. Effective date: upon passage or September 1, 2011.