Art. 42.025.  SENTENCING HEARING AT SECONDARY SCHOOL.  (a) A judge may order the sentencing hearing of a defendant convicted of an offense involving possession, manufacture, or delivery of a controlled substance under Chapter 481, Health and Safety Code, to be held at a secondary school if:
(1)  the judge determines that the sentencing hearing would have educational value to students due to the nature of the offense and its consequences;
(2)  the defendant agrees;
(3)  the school administration agrees; and
(4)  appropriate measures are taken to ensure:
(A)  the safety of the students; and
(B)  a fair hearing for the defendant that complies with all applicable laws and rules.
(b)  A judge may, at a secondary school, receive a plea of guilty or nolo contendere from a defendant charged with an offense described by Subsection (a) and place the defendant on deferred adjudication under Subchapter C, Chapter 42A, if:
(1)  the judge makes the determination that the proceeding would have educational value, as provided by Subsection (a)(1);
(2)  the defendant and the school agree to the location of the proceeding, as provided by Subsections (a)(2) and (3); and
(3)  appropriate measures are taken in regard to the safety of students and the rights of the defendant, as described by Subsection (a)(4).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1280 (H.B. 1113), Sec. 1, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.11, eff. January 1, 2017.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973;  Acts 1977, 65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977;  Acts 1977, 65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977.



Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.03(a), eff. Aug. 28, 1989.  Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.10, eff. Oct. 1, 1991;  Sec. 3 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.11, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.019, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.020, eff. September 1, 2009.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.04(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.05, eff. Oct. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Sec. 5 amended by Acts 1999, 76th Leg., ch. 655, Sec. 2(a), eff. June 18, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 7, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 491 (H.B. 1028), Sec. 2, eff. September 1, 2011.