text: 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.
target: 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.
feat_title: Magistrate Judge Improvement Act of 2000