Sec. 54.656. PROCEEDING THAT MAY BE REFERRED    


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  • (a) A judge may refer to a magistrate any criminal case for proceedings involving:

    (1) a negotiated plea of guilty before the court;

    (2) a bond forfeiture;

    (3) a pretrial motion;

    (4) a postconviction writ of habeas corpus;

    (5) an examining trial;

    (6) an occupational driver's license;

    (7) an agreed order of expunction under Chapter 55, Code of Criminal Procedure;

    (8) an asset forfeiture hearing as provided by Chapter 59, Code of Criminal Procedure;

    (9) an agreed order of nondisclosure provided by Section 411.081;

    (10) a hearing on a motion to revoke probation; and

    (11) any other matter the judge considers necessary and proper.

    (b) A judge may refer to a magistrate a civil case arising out of Chapter 59, Code of Criminal Procedure, for any purpose authorized by that chapter, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial.

    (c) A magistrate may accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses.

    (d) A magistrate may select a jury. A magistrate may not preside over a criminal trial on the merits, whether or not the trial is before a jury.

    (e) A magistrate may not hear a jury trial on the merits of a bond forfeiture.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 66 , Sec. 1, eff. September 1, 2011.