AI-assisted research summary: This section lets judges refer certain criminal and related civil matters to a magistrate, and lets magistrates accept guilty pleas and select juries, but bars magistrates from presiding over criminal trials on the merits or jury trials on the merits of bond forfeiture.
Sec. 54.2606. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving: (1) a negotiated plea of guilty or no contest and sentencing before the court; (2) a bond forfeiture, remittitur, and related proceedings; (3) a pretrial motion; (4) a writ of habeas corpus; (5) an examining trial; (6) an occupational driver's license; (7) a petition for an order of expunction under Chapter 55A, Code of Criminal Procedure; (8) an asset forfeiture hearing as provided by Chapter 59, Code of Criminal Procedure; (9) a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by Subchapter E-1, Chapter 411; (10) a motion to modify or revoke community supervision or to proceed with an adjudication of guilty; (11) setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds; (12) specialty court proceedings; (13) a waiver of extradition; and (14) any other matter the judge considers necessary and proper. (b) A judge may refer to a magistrate a civil case arising out of Chapter 59, Code of Criminal Procedure, for any purpose authorized by that chapter, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial. (c) A magistrate may accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses. (d) A magistrate may select a jury. A magistrate may not preside over a criminal trial on the merits, whether or not the trial is before a jury. (e) A magistrate may not hear a jury trial on the merits of a bond forfeiture. (f) A judge of a designated juvenile court may refer to a magistrate any proceeding over which a juvenile court has exclusive original jurisdiction under Title 3, Family Code, including any matter ancillary to the proceeding. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.069, eff. January 1, 2025.