Text of article effective on January 01, 2025
Art. 45A.402.  DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.  (a)  On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only, a justice or municipal court may defer further proceedings for a 90-day period without entering an adjudication of guilt if:
(1)  the court finds that the offense resulted from or was related to the defendant's chemical dependency; and
(2)  an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462, Health and Safety Code.
(b)  At the end of the deferral period, the justice or municipal court shall dismiss the complaint if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462, Health and Safety Code.  If a complaint is dismissed under this subsection, there is not a final conviction and the complaint may not be used against the person for any purpose.  The docket must clearly note that the court dismissed the complaint and that there is not a final conviction. Records relating to a complaint dismissed under this subsection may be expunged under Subchapter A, B, or C, Chapter 55A.
(c)  If at the conclusion of the deferral period satisfactory evidence described by Subsection (b) is not presented, the justice or municipal court may impose the fine assessed or a lesser fine.  The imposition of the fine constitutes a final conviction of the defendant.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.