Texas Family Code - Section 54.032. Deferral Of Adjudication And Dismissal Of Certain Cases On Completion Of Teen Court Program
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 54.032. Deferral Of Adjudication And Dismissal Of Certain Cases On Completion Of Teen Court Program
§ 54.032. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM. (a) A juvenile
court may defer adjudication proceedings under Section 54.03 for
not more than 180 days if the child:
(1) is alleged to have engaged in conduct indicating a
need for supervision that violated a penal law of this state of the
grade of misdemeanor that is punishable by fine only or a penal
ordinance of a political subdivision of this state;
(2) waives, under Section 51.09, the privilege against
self-incrimination and testifies under oath that the allegations
are true;
(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 conduct
occurred.
(b) The teen court program must be approved by the court.
(c) A child for whom adjudication 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 court shall dismiss the case with
prejudice at the time the child presents satisfactory evidence that
the child has successfully completed the teen court program.
(d) A case dismissed under this section may not be part of
the child's records for any purpose.
(e) The court may require a child 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 section. The court shall
deposit the fee in the county treasury of the county in which the
court is located. A child who requests a teen court program and
does not 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 as provided by 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), 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 section. 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.
Added by Acts 1989, 71st Leg., ch. 1031, § 2, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 748, § 1, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 216, § 2, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, § 18, eff. Sept. 1, 2003.
Section: 54.01 54.011 54.012 54.02 54.021 54.03 54.031 54.032 54.033 54.034 54.04 54.0405 54.0406 54.0407 54.0408
Last modified: August 10, 2007
|