This section gives the criminal law magistrate court jurisdiction in certain criminal cases and limits what the court and associate judge may do.
Sec. 54.2803. JURISDICTION. (a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided for magistrates by the constitution and laws of this state in all criminal cases: (1) alleging an offense other than an offense punishable only as a Class C misdemeanor; (2) for which a magistrate or judge has determined there is probable cause to believe the defendant committed the crime alleged; (3) in which the defendant has been released or is confined in the Denton County jail; and (4) in which either: (A) the defendant has not yet been charged by information or indictment; or (B) the judge presiding over the case has specifically authorized the criminal law magistrate to take certain actions. (b) The criminal law magistrate court and the criminal law magistrate court associate judge do not have jurisdiction to: (1) hear a trial on the merits of an offense, except as provided by Section 54.2811(c); or (2) take any action not specifically authorized by an order of referral from the judge presiding in a criminal case in which the defendant has been charged by information or indictment. (c) The magisterial duties in a criminal case shall be transferred to the criminal law magistrate court: (1) on request of a presiding judge in a criminal case for which the defendant has been charged by information or indictment; or (2) after a defendant has been transferred to the custody of the Denton County jail or released from custody on bond in Denton County. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, eff. September 1, 2023.