Tex. Gov't Code § 54.656

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 54.656 - [Effective Until 1/1/2025] 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 nolo contendere 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 55, 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 guilt;

(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 referring 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.

Tex. Gov't. Code § 54.656

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 861,Sec. 4.008, eff. 9/1/2023.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1045,Sec. 2, eff. 9/1/2017.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1279,Sec. 17, eff. 9/1/2015.

Amended By Acts 2011, 82nd Leg., R.S., Ch. 66, Sec. 1, eff. 9/1/2011.

Amended By Acts 2003, 78th Leg., ch. 910, Sec. 2, eff. 9/1/2003.

Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 2, eff. 9/1/1997

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. 8/31/1987.

This section is set out more than once due to postponed, multiple, or conflicting amendments.