Sec. 54.733. JURISDICTION. (a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state for county courts.
(b) The criminal law magistrate court does not have jurisdiction to:
(1) hear a trial of a misdemeanor offense, other than a Class C misdemeanor, on the merits if a jury trial is demanded; or
(2) hear a trial of a misdemeanor, other than a Class C misdemeanor, on the merits if a defendant pleads not guilty.
(c) The criminal law magistrate court has the jurisdiction provided by the constitution and laws of this state for magistrates. A judge of the criminal law magistrate court is a magistrate as that term is defined by Section 2.09, Code of Criminal Procedure.
(d) Except as provided by Subsection (e), the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of the state for a district court.
(e) The criminal law magistrate court does not have jurisdiction to:
(1) hear a trial of a felony offense on the merits if a jury trial is demanded;
(2) hear a trial of a felony offense on the merits if a defendant pleads not guilty;
(3) sentence in a felony case unless the judge in whose court the case is pending assigned the case to the criminal law magistrate court for a guilty plea and sentence; or
(4) hear any part of a capital murder case after indictment.
(f) A criminal law magistrate court may not issue writs of habeas corpus in felony cases but may hear and grant relief on a writ of habeas corpus that is issued by a district court and that is assigned by the district court to the criminal law magistrate court.
(g) A felony or misdemeanor indictment may not be filed in or transferred to the criminal law magistrate court.
(h) A felony or misdemeanor information may not be filed in or transferred to the criminal law magistrate court.
(i) A judge of the criminal law magistrate court shall exercise jurisdiction granted by this subchapter over felony and misdemeanor indictments and informations only as judge presiding for the court in which the indictment or information is pending and under the limitations set out in the assignment order by the assigning court or as provided by local administrative rules.
(j) The criminal law magistrate court has concurrent criminal jurisdiction with the justice courts located in El Paso County.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(b), eff. September 1, 2015.
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