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.