[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2875 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2875

 To amend titles 18 and 28, United States Code, with respect to United 
                       States magistrate judges.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2000

  Mr. Sessions (for himself, Mr. Hatch, Mr. Leahy, Mr. Thurmond, Mr. 
Torricelli, and Mr. Grassley) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend titles 18 and 28, United States Code, with respect to United 
                       States magistrate judges.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Magistrate Judge Improvement Act of 
2000''.

SEC. 2. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

    Section 636(e) of title 28, United States Code is amended to read 
as follows:
    ``(e) Magistrate Judge Contempt Authority.--
            ``(1) In general.--A United States magistrate judge serving 
        under this chapter shall have within the territorial 
        jurisdiction prescribed by his or her appointment the power to 
        exercise contempt authority as set forth in this subsection.
            ``(2) Summary criminal contempt authority.--A magistrate 
        judge shall have the power to punish summarily by fine or 
        imprisonment such contempt of the authority of that magistrate 
        judge constituting misbehavior of any person in the presence of 
        the magistrate judge so as to obstruct the administration of 
        justice. The order of contempt shall be issued pursuant to 
        Federal Rules of Criminal Procedure.
            ``(3) Additional criminal contempt authority in civil 
        consent and misdemeanor cases.--In any case in which a United 
        States magistrate judge presides with the consent of the 
        parties under subsection (c) of this section, and in any 
        misdemeanor case proceeding before a magistrate judge under 
        section 3401 of title 18, the magistrate judge shall have the 
        power to punish by fine or imprisonment such criminal contempt 
        constituting disobedience or resistance to the lawful writ, 
        process, order, rule, decree, or command of the magistrate 
        judge. Disposition of such contempt shall be conducted upon 
        notice and hearing pursuant to the Federal Rules of Criminal 
        Procedure.
            ``(4) Civil contempt authority in civil consent and 
        misdemeanor cases.--In any case in which a United States 
        magistrate judge presides with the consent of the parties under 
        subsection (c) of this section, and in any misdemeanor case 
        proceeding before a magistrate judge under section 3401 of 
        title 18, the magistrate judge may exercise the civil contempt 
        authority of the district court. This paragraph shall not be 
        construed to limit the authority of a magistrate judge to order 
        sanctions pursuant to any other statute, the Federal Rules of 
        Civil Procedure, or the Federal Rules of Criminal Procedure.
            ``(5) Criminal contempt penalties.--The sentence imposed by 
        a magistrate judge for any criminal contempt set forth in 
        paragraphs (2) and (3) of this subsection shall not exceed the 
        penalties for a class C misdemeanor as set forth in sections 
        3571(b)(6) and 3581(b)(8) of title 18.
            ``(6) Certification of other contempts to the district 
        judge.--
                    ``(A) In general.--Upon the commission of any act 
                described in subparagraph (B)--
                            ``(i) the magistrate judge shall promptly 
                        certify the facts to a district judge and may 
                        serve or cause to be served upon any person 
                        whose behavior is brought into question under 
                        this paragraph an order requiring such person 
                        to appear before a district judge upon a day 
                        certain to show cause why such person should 
                        not be adjudged in contempt by reason of the 
                        facts so certified; and
                            ``(ii) the district judge shall hear the 
                        evidence as to the act or conduct complained of 
                        and, if it is such as to warrant punishment, 
                        punish such person in the same manner and to 
                        the same extent as for a contempt committed 
                        before a district judge.
                    ``(B) Acts described.--An act is described in this 
                subparagraph if it is--
                            ``(i) in any case in which a United States 
                        magistrate judge presides with the consent of 
                        the parties under subsection (c) of this 
                        section, or in any misdemeanor case proceeding 
                        before a magistrate judge under section 3401 of 
                        title 18, an act that may, in the opinion of 
                        the magistrate judge, constitute a serious 
                        criminal contempt punishable by penalties 
                        exceeding those set forth in paragraph (5) of 
                        this subsection; or
                            ``(ii) in any other case or proceeding 
                        under subsection (a) or (b), or any other 
                        statute--
                                    ``(I) an act committed in the 
                                presence of the magistrate judge that 
                                may, in the opinion of the magistrate 
                                judge, constitute a serious criminal 
                                contempt punishable by penalties 
                                exceeding those set forth in paragraph 
                                (5);
                                    ``(II) an act that constitutes a 
                                criminal contempt that occurs outside 
                                the presence of the magistrate judge; 
                                or
                                    ``(III) an act that constitutes a 
                                civil contempt.
            ``(7) Appeals of magistrate judge contempt orders.--The 
        appeal of an order of contempt issued pursuant to this section 
        shall be made to the court of appeals in any case proceeding 
        under subsection (c). The appeal of any other order of contempt 
        issued pursuant to this section shall be made to the district 
        court.''.

SEC. 3. MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES.

    (a) Title 18, United States Code.--Section 3401(b) of title 18, 
United States Code, is amended in the first sentence by striking ``that 
is a class B'' and all that follows through ``infraction''.
    (b) Title 28, United States Code.--Section 636(a) of title 28, 
United States Code, is amended by striking paragraphs (4) and (5) and 
inserting the following:
            ``(4) the power to enter a sentence for a petty offense; 
        and
            ``(5) the power to enter a sentence for a class A 
        misdemeanor in a case in which the parties have consented.''.

SEC. 4. MAGISTRATE JUDGE AUTHORITY IN CASES INVOLVING JUVENILES.

    Section 3401(g) of title 18, United States Code, is amended--
            (1) by striking the first sentence and inserting the 
        following: ``The magistrate judge may, in a petty offense case 
        involving a juvenile, exercise all powers granted to the 
        district court under chapter 403 of this title.'';
            (2) in the second sentence by striking ``any other class B 
        or C misdemeanor case'' and inserting ``the case of any 
        misdemeanor, other than a petty offense,''; and
            (3) by striking the last sentence.
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