HBA-RBT H.B. 658 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 658
By: Keel
Criminal Jurisprudence
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

The Travis County Associate Magistrate is an appointed judge who presides
over felony criminal law matters consisting primarily of non-contested
matters in order to relieve the District Judges from some of their routine
workload.  A contested hearing such as a motion to revoke community
supervision or a motion to adjudicate involves the presentation of evidence
and requires the use of judicial discretion as to whether an individual
should be incarcerated, and if so, for how long.  H.B. 658 requires that a
motion to revoke community supervision, or a motion to adjudicate, be heard
by the elected District Judge, unless neither party objects to the transfer
of the hearing to the magistrate. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.976(a), Government Code, to exempt from a
judge's authority to refer matters to a magistrate in Travis County, a
contested hearing on a motion to revoke community supervision or a motion
to adjudicate if the prosecutor or the defendant objects to the referral of
the contested hearing. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.