Texas Code of Criminal Procedure - Article 45.053. Dismissal Of Misdemeanor Charge On Commitment Of Chemically Dependent Person
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 45.053. Dismissal Of Misdemeanor Charge On Commitment Of Chemically Dependent Person
Art. 45.053. DISMISSAL OF MISDEMEANOR CHARGE ON COMMITMENT
OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of guilty or nolo
contendere by a defendant or on a finding of guilt in a misdemeanor
case punishable by a fine only, a justice or municipal court may
defer further proceedings for 90 days without entering an
adjudication of guilt if:
(1) the court finds that the offense resulted from or was
related to the defendant's chemical dependency; and
(2) an application for court-ordered treatment of the
defendant is filed in accordance with Chapter 462, Health and
Safety Code.
(b) At the end of the deferral period, the justice or
municipal court shall dismiss the charge if satisfactory evidence
is presented that the defendant was committed for and completed
court-ordered treatment in accordance with Chapter 462, Health and
Safety Code, and it shall be clearly noted in the docket that the
complaint is dismissed and that there is not a final conviction.
(c) If at the conclusion of the deferral period satisfactory
evidence that the defendant was committed for and completed
court-ordered treatment in accordance with Chapter 462, Health and
Safety Code, is not presented, the justice or municipal court may
impose the fine assessed or impose a lesser fine. The imposition of
a fine constitutes a final conviction of the defendant.
(d) Records relating to a complaint dismissed under this
article may be expunged under Article 55.01 of this code. If a
complaint is dismissed under this article, there is not a final
conviction and the complaint may not be used against the person for
any purpose.
Added by Acts 1991, 72nd Leg., ch. 198, Sec. 1, eff. Sept. 1, 1991.
Renumbered from Vernon's Ann.C.C.P. art. 45.56 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 53, eff. Sept. 1, 1999.
Article: 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 45.060
Last modified: August 11, 2007
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