Sec. 54.906. PROCEEDING THAT MAY BE REFERRED. (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(a)(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(a)(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 (H.B. 1722), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 126 (H.B. 994), Sec. 1, eff. May 27, 2011.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.002, eff. September 1, 2019.