BILL ANALYSIS Senate Research Center H.B. 994 82R13126 PMO-F By: Castro (Zaffirini) Jurisprudence 4/26/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 994
82R13126 PMO-F By: Castro (Zaffirini)
Jurisprudence
4/26/2011
Engrossed
Senate Research Center
H.B. 994
82R13126 PMO-F
By: Castro (Zaffirini)
Jurisprudence
4/26/2011
Engrossed
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. H.B. 994 amends current law relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County. 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 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 any other matter the judge considers necessary and proper including 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 any other matter the judge considers necessary and proper, including a negotiated plea of guilty before the court. 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 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 accepting a plea of guilty for a misdemeanor from a defendant charged with both misdemeanor and felony offenses. Makes nonsubstantive changes. SECTION 3. Effective date: upon passage or September 1, 2011.
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.
H.B. 994 amends current law relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County.
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 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 any other matter the judge considers necessary and proper including 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 any other matter the judge considers necessary and proper, including a negotiated plea of guilty before the court.
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 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 accepting a plea of guilty for a misdemeanor from a defendant charged with both misdemeanor and felony offenses. Makes nonsubstantive changes.
SECTION 3. Effective date: upon passage or September 1, 2011.