| 1 | 1 | | By: Landgraf H.B. No. 3252 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the dismissal of a misdemeanor charge. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 45.052 (a)(4) Code of Criminal |
|---|
| 9 | 9 | | Procedure, is amended to read as follows: |
|---|
| 10 | 10 | | Art. 45.052. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION |
|---|
| 11 | 11 | | OF TEEN COURT PROGRAM. (a) A justice or municipal court may defer |
|---|
| 12 | 12 | | proceedings against a defendant who is under the age of 18 or |
|---|
| 13 | 13 | | enrolled full time in an accredited secondary school in a program |
|---|
| 14 | 14 | | leading toward a high school diploma for not more than 180 days if |
|---|
| 15 | 15 | | the defendant: |
|---|
| 16 | 16 | | (1) is charged with an offense that the court has |
|---|
| 17 | 17 | | jurisdiction of under Article 4.11 or 4.14, Code of Criminal |
|---|
| 18 | 18 | | Procedure; |
|---|
| 19 | 19 | | (2) pleads nolo contendere or guilty to the offense in open |
|---|
| 20 | 20 | | court with the defendant's parent, guardian, or managing |
|---|
| 21 | 21 | | conservator present; |
|---|
| 22 | 22 | | (3) presents to the court an oral or written request to |
|---|
| 23 | 23 | | attend a teen court program; [and] |
|---|
| 24 | 24 | | (4) has not successfully completed a teen court program in |
|---|
| 25 | 25 | | the [two years] 12 months preceding the date that the alleged |
|---|
| 26 | 26 | | offense occurred; and |
|---|
| 27 | 27 | | (5) was referred to the teen court program by a designated |
|---|
| 28 | 28 | | school official as a diversionary program. |
|---|
| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 33 | 33 | | Act takes effect September 1, 2015. |
|---|