Texas Family Code - Section 53.03. Deferred Prosecution
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§ 53.03. DEFERRED PROSECUTION. (a) Subject to
Subsections (e) and (g), if the preliminary investigation required
by Section 53.01 of this code results in a determination that
further proceedings in the case are authorized, the probation
officer or other designated officer of the court, subject to the
direction of the juvenile court, may advise the parties for a
reasonable period of time not to exceed six months concerning
deferred prosecution and rehabilitation of a child if:
(1) deferred prosecution would be in the interest of
the public and the child;
(2) the child and his parent, guardian, or custodian
consent with knowledge that consent is not obligatory; and
(3) the child and his parent, guardian, or custodian
are informed that they may terminate the deferred prosecution at
any point and petition the court for a court hearing in the case.
(b) Except as otherwise permitted by this title, the child
may not be detained during or as a result of the deferred
prosecution process.
(c) An incriminating statement made by a participant to the
person giving advice and in the discussions or conferences incident
thereto may not be used against the declarant in any court hearing.
(d) The juvenile board may adopt a fee schedule for deferred
prosecution services and rules for the waiver of a fee for financial
hardship in accordance with guidelines that the Texas Juvenile
Probation Commission shall provide. The maximum fee is $15 a month.
If the board adopts a schedule and rules for waiver, the probation
officer or other designated officer of the court shall collect the
fee authorized by the schedule from the parent, guardian, or
custodian of a child for whom a deferred prosecution is authorized
under this section or waive the fee in accordance with the rules
adopted by the board. The officer shall deposit the fees received
under this section in the county treasury to the credit of a special
fund that may be used only for juvenile probation or
community-based juvenile corrections services or facilities in
which a juvenile may be required to live while under court
supervision. If the board does not adopt a schedule and rules for
waiver, a fee for deferred prosecution services may not be imposed.
(e) A prosecuting attorney may defer prosecution for any
child. A probation officer or other designated officer of the
court:
(1) may not defer prosecution for a child for a case
that is required to be forwarded to the prosecuting attorney under
Section 53.01(d); and
(2) may defer prosecution for a child who has
previously been adjudicated for conduct that constitutes a felony
only if the prosecuting attorney consents in writing.
(f) The probation officer or other officer designated by the
court supervising a program of deferred prosecution for a child
under this section shall report to the juvenile court any violation
by the child of the program.
(g) Prosecution may not be deferred for a child alleged to
have engaged in conduct that:
(1) is an offense under Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(2) is a third or subsequent offense under Section
106.04 or 106.041, Alcoholic Beverage Code.
(h) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 28.08, Penal Code, deferred prosecution under this section
may include:
(1) voluntary attendance in a class with instruction
in self-responsibility and empathy for a victim of an offense
conducted by a local juvenile probation department, if the class is
available; and
(2) voluntary restoration of the property damaged by
the child by removing or painting over any markings made by the
child, if the owner of the property consents to the restoration.
(i) The court may defer prosecution for a child at any time:
(1) for an adjudication that is to be decided by a jury
trial, before the jury is sworn;
(2) for an adjudication before the court, before the
first witness is sworn; or
(3) for an uncontested adjudication, before the child
pleads to the petition or agrees to a stipulation of evidence.
(j) The court may add the period of deferred prosecution
under Subsection (i) to a previous order of deferred prosecution,
except that the court may not place the child on deferred
prosecution for a combined period longer than one year.
(k) In deciding whether to grant deferred prosecution under
Subsection (i), the court may consider professional
representations by the parties concerning the nature of the case
and the background of the respondent. The representations made
under this subsection by the child or counsel for the child are not
admissible against the child at trial should the court reject the
application for deferred prosecution.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 3261, ch. 565, § 1, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1040, § 22, eff. Sept.
1, 1987; Acts 1995, 74th Leg., ch. 262, § 24, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 593, § 6, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1013, § 16, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 19.01(17), eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 283, § 13, eff. Sept. 1, 2003; Acts 2005, 79th
Leg., ch. 949, § 11, eff. Sept. 1, 2005.
Section: 52.032 52.04 52.041 53.01 53.012 53.013 53.02 53.03 53.035 53.04 53.045 53.05 53.06 53.07 53.08
Last modified: August 11, 2007
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