By: Landgraf H.B. No. 3252
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of a misdemeanor charge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 45.052 (a)(4) Code of Criminal
Procedure, is amended to read as follows:
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] 12 months preceding the date that the alleged
offense occurred; and
(5) was referred to the teen court program by a designated
school official as a diversionary program.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.