Bill Caption

Relating to the powers and compensation of criminal law magistrates in Tarrant County.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify the compensation formula for full-time and part-time magistrates in Tarrant County. It would also expand some powers of the magistrates in Tarrant County concerning their role in handling criminal cases. If this bill passes, a judge may refer to a magistrate any criminal case or matter relating to a criminal case, when defendants accept a plea bargain, or plead no contest. HB 1904 would empower magistrates in Tarrant County to set conditions, modify, and revoke a defendant’s community supervision. In addition, it would allow magistrates to oversee specialty court proceedings. Finally, in cases where the defendant has negotiated a guilty plea and the case is referred to a Magistrate in Tarrant County, they may enter a finding of guilt and impose or suspend a sentence or defer adjudication if guilt. This bill would not expand their power to issue subsequent search warrants.

Vote Recommendation Notes

It is well within the proper role of government to decide how magistrates get compensated for their service, and to delegate more or less authority to certain courts. However, this bill does not have a measurable impact on our liberty principles, therefore we will remain neutral.