Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED    


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  • (a) A judge may refer to an associate judge any matter arising out of a criminal case involving:

    (1) a negotiated plea of guilty or no contest before the court;

    (2) a bond forfeiture;

    (3) a pretrial motion;

    (4) a writ of habeas corpus;

    (5) an examining trial;

    (6) an occupational driver's license;

    (7) an appeal of an administrative driver's license revocation hearing;

    (8) a civil commitment matter under Subtitle C, Title 7, Health and Safety Code;

    (9) setting, adjusting, or revoking bond;

    (10) 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; and

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

    (b) An associate judge may accept an agreed plea of guilty or no contest from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses and may assess punishment if a plea agreement is announced on the record between the defendant and the state.

    (c) An associate judge has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.

    (d) An associate judge may select a jury. Except as provided in Subsection (b), an associate judge may not preside over a trial on the merits, whether or not the trial is before a jury.

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 , Sec. 6.01, eff. January 1, 2012.