Sec. 54.906. 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 bond forfeiture;

    (2) a pretrial motion;

    (3) a postconviction writ of habeas corpus;

    (4) an examining trial;

    (5) the issuance of search warrants, including a search warrant under Article 18.02(10), Code of Criminal Procedure, notwithstanding Article 18.01(c), Code of Criminal Procedure;

    (6) the setting of bonds;

    (7) the arraignment of defendants; and

    (8) any other matter the judge considers necessary and proper, including a plea of guilty or nolo contendere from a defendant charged with:

    (A) a felony offense;

    (B) a misdemeanor offense when charged with both a misdemeanor offense and a felony offense; or

    (C) a misdemeanor offense.

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

    (c) Subsection (a)(5) does not apply to the issuance of a subsequent search warrant under Article 18.02(10), Code of Criminal Procedure.

Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, eff. Aug. 28, 1989. Amended by: Acts 2009, 81st Leg., R.S., Ch. 909 , Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 126 , Sec. 1, eff. May 27, 2011.