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(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 (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.
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