Texas Code of Criminal Procedure - Article 45.052. Dismissal Of Misdemeanor Charge On Completion Of Teen Court Program
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Art. 45.052. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION
OF TEEN COURT PROGRAM. (a) A justice or municipal court may defer
proceedings against a defendant who is under the age of 18 or
enrolled full time in an accredited secondary school in a program
leading toward a high school diploma for not more than 180 days if
the defendant:
(1) is charged with an offense that the court has
jurisdiction of under Article 4.11 or 4.14, Code of Criminal
Procedure;
(2) pleads nolo contendere or guilty to the offense in open
court with the defendant's parent, guardian, or managing
conservator present;
(3) presents to the court an oral or written request to
attend a teen court program; and
(4) has not successfully completed a teen court program in
the two years preceding the date that the alleged offense occurred.
(b) The teen court program must be approved by the court.
(c) A defendant for whom proceedings are deferred under
Subsection (a) shall complete the teen court program not later than
the 90th day after the date the teen court hearing to determine
punishment is held or the last day of the deferral period, whichever
date is earlier. The justice or municipal court shall dismiss the
charge at the time the defendant presents satisfactory evidence
that the defendant has successfully completed the teen court
program.
(d) A charge dismissed under this article may not be part of
the defendant's criminal record or driving record or used for any
purpose. However, if the charge was for a traffic offense, the
court shall report to the Department of Public Safety that the
defendant successfully completed the teen court program and the
date of completion for inclusion in the defendant's driving record.
(e) The justice or municipal court may require a person who
requests a teen court program to pay a fee not to exceed $10 that is
set by the court to cover the costs of administering this article.
Fees collected by a municipal court shall be deposited in the
municipal treasury. Fees collected by a justice court shall be
deposited in the county treasury of the county in which the court is
located. A person who requests a teen court program and fails to
complete the program is not entitled to a refund of the fee.
(f) A court may transfer a case in which proceedings have
been deferred under this section to a court in another county if the
court to which the case is transferred consents. A case may not be
transferred unless it is within the jurisdiction of the court to
which it is transferred.
(g) In addition to the fee authorized by Subsection (e) of
this article, the court may require a child who requests a teen
court program to pay a $10 fee to cover the cost to the teen court
for performing its duties under this article. The court shall pay
the fee to the teen court program, and the teen court program must
account to the court for the receipt and disbursal of the fee. A
child who pays a fee under this subsection is not entitled to a
refund of the fee, regardless of whether the child successfully
completes the teen court program.
(h) A justice or municipal court may exempt a defendant for
whom proceedings are deferred under this article from the
requirement to pay a court cost or fee that is imposed by another
statute.
Added by Acts 1989, 71st Leg., ch. 1031, Sec. 1, eff. Sept. 1, 1989.
Subsec. (g) added by Acts 1995, 74th Leg., ch. 598, Sec. 1, eff.
Sept. 1, 1995; added by Acts 1995, 74th Leg., ch. 748, Sec. 2, eff.
Sept. 1, 1995; Subsec. (h) relettered from Subsec. (g) by Acts
1997, 75th Leg., ch. 165, Sec. 31.01(13), eff. Sept. 1, 1997;
Subsecs. (a), (f) amended by Acts 1999, 76th Leg., ch. 76, Sec. 6,
eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.55
and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 52, eff. Sept.
1, 1999. Subsec. (a) amended by Acts 2001, 77th Leg., ch. 216, Sec.
1, eff. Sept. 1, 2001; Subsec. (c) amended by Acts 2001, 77th Leg.,
ch. 216, Sec. 1, eff. Sept. 1, 2001.
Article: 45.046 45.047 45.048 45.049 45.050 45.051 45.0511 45.052 45.053 45.054 45.055 45.056 45.057 45.058 45.059
Last modified: August 11, 2007
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