Texas 2011 - 82nd Regular

Texas House Bill HB3856

Filed
 
Out of House Committee
5/3/11  
Voted on by House
5/13/11  
Out of Senate Committee
5/21/11  
Report Pass
5/2/11  
Voted on by Senate
5/25/11  
Engrossed
5/13/11  
Governor Action
6/17/11  
Refer
5/13/11  
Bill Becomes Law
 
Report Pass
5/21/11  
Enrolled
5/26/11  
Enrolled
5/26/11  
Passed
6/17/11  

Caption

Relating to the proceedings that may be referred to and the powers of a criminal law magistrate in Travis County.

Impact

The bill's amendments to Sections 54.976 and 54.978 of the Government Code significantly expand the duties of magistrates, authorizing them to engage in a wide array of proceedings previously reserved for district judges. Notably, magistrates will now have the ability to conduct hearings, rule on motions, and make recommendations on criminal matters. This shift may alleviate some of the burden on district courts by reallocating certain responsibilities to magistrates, which could enhance the overall speed and efficiency of the criminal justice process.

Summary

House Bill 3856 introduces modifications to the authority and responsibilities of criminal law magistrates in Travis County, Texas. The bill allows judges to refer nearly all matters associated with criminal cases to magistrates. This encompasses various tasks, including plea negotiations, pretrial motions, and proceedings related to grand juries. By extending the powers of magistrates, the bill aims to streamline the processing of criminal cases in the county, potentially leading to a more efficient judicial system.

Contention

While proponents of HB 3856 argue that empowering magistrates can improve the efficiency of criminal proceedings, there are concerns regarding the potential implications of such changes. Critics worry that the expanded authority might blur the lines between the roles of judges and magistrates, leading to inconsistencies in the application of the law. Moreover, the debate touches on the balance of power within the judicial system, where critics emphasize the need for clear boundaries to ensure fair and unbiased adjudication of legal matters.

Companion Bills

No companion bills found.

Similar Bills

CA AB2236

Optometry: certification to perform advanced procedures.

CA AB1196

Sacramento Regional Transit District: board of directors: voting procedures.

TX SB1420

Relating to court costs and fees in criminal proceedings.

CA SB923

Criminal investigations: eyewitness identification.

TX HB3992

Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.

TX HB726

Relating to prohibited nonconsensual medical procedures and treatment on certain minors with intersex traits.

TX HB1746

Relating to prohibited nonconsensual medical procedures and treatment on certain minors with intersex traits.

TX HB1559

Relating to prohibited nonconsensual medical procedures and treatment on certain minors with intersex traits.