Art. 45.310.  DIVERSION BY JUSTICE OR JUDGE.  (a)  If a charge involving a child who is eligible for diversion is filed with a court, a justice or judge shall divert the case under this article as follows:
(1)  if the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea; or
(2)  if the child contests the charge, a justice or judge shall divert the case under this article at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided by Article 45.041.
(b)  A diversion under this article may not exceed 180 days.
(c)  The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45.305.
(d)  The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(e)  A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45.311.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.