article: 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.
summary: Provides the process for certification of the facts of a contempt ruling to a district judge for execution (including appeals) of punishment or sanctions. Amends the Federal criminal code to provide magistrate judge authority in cases involving petty offenses and petty cases involving juveniles.