SUBCHAPTER I. OTHER DISMISSALS

Text of article effective on January 01, 2025

Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION OF TEEN COURT PROGRAM. (a) This article applies only to a defendant who is:

(1) younger than 18 years of age; or

(2) enrolled full time in an accredited secondary school in a program leading toward a high school diploma.

(b) A justice or municipal court may defer proceedings against a defendant described by Subsection (a) for a period not to exceed 180 days if the defendant:

(1) is charged with an offense that the court has jurisdiction of under Article 4.11 or 4.14;

(2) with the defendant's parent, guardian, or managing conservator present, pleads nolo contendere or guilty to the offense in open court;

(3) presents to the court an oral or written request to attend a teen court program or is recommended to attend the program by a school employee under Section 37.146, Education Code; and

(4) has not successfully completed a teen court program in the year preceding the date that the alleged offense occurred.

(c) The court must approve the teen court program.

(d) A defendant for whom proceedings are deferred under Subsection (b) must complete the teen court program not later than the earlier of:

(1) the 90th day after the date the teen court hearing to determine punishment is held; or

(2) the last day of the deferral period.

(e) The justice or municipal court shall dismiss the charge at the time the defendant presents satisfactory evidence that the defendant has successfully completed the teen court program.

(f) A charge dismissed under this article may not be part of the defendant's criminal record or driving record or used for any purpose, except that if the charge was for a traffic offense, the court shall report to the Department of Public Safety the fact that the defendant successfully completed the teen court program and the date of completion for inclusion in the defendant's driving record.

(g) The justice or municipal court may require a defendant who requests a teen court program to pay a reimbursement fee in an amount not to exceed $10 that is set by the court to cover the costs of administering this article. Reimbursement fees collected by a municipal court shall be deposited in the municipal treasury, and reimbursement fees collected by a justice court shall be deposited in the county treasury of the county in which the court is located.

(h) A defendant who requests a teen court program and fails to complete the program is not entitled to a refund of the reimbursement fee under Subsection (g).

(i) A court may transfer a case in which proceedings have been deferred under this article to a court in another county if that court consents to the transfer and has jurisdiction over the case.

(j) In addition to the reimbursement fee authorized by Subsection (g), the court may require a defendant who requests a teen court program to pay a $10 reimbursement fee to cover the program's cost for performing duties under this article. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee.

(k) A defendant who pays a fee under Subsection (j) is not entitled to a refund of the fee, regardless of whether the defendant successfully completes the teen court program.

(l) A justice or municipal court may exempt a defendant for whom proceedings are deferred under this article from the requirement to pay a court cost or fee imposed by another statute.

(m) Notwithstanding Subsection (g) or (j), a justice or municipal court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a reimbursement fee of $20 under those subsections.

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.