|
Teen Court State Statutes
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 preceding the date that the alleged offense occurred.
(b)
The teen court program must be approved by the court.
(c)
A defendant for whom proceedings are deferred under Subsection (a) shall
complete the teen court program not later than the 90th day after the date the
teen court hearing to determine punishment is held or the last day of the
deferral period, whichever date is earlier. 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.
(d)
A charge dismissed under this article may not be part of the defendant's
criminal record or driving record or used for any purpose. However, if the
charge was for a traffic offense, the court shall report to the Department of
Public Safety that the defendant successfully completed the teen court program
and the date of completion for inclusion in the defendant's driving record.
(e)
The justice or municipal court may require a person who requests a teen court
program to pay a fee not to exceed $10 that is set by the court to cover the
costs of administering this article. Fees collected by a municipal court shall
be deposited in the municipal treasury. Fees collected by a justice court shall
be deposited in the county treasury of the county in which the court is
located. A person who requests a teen court program and fails to complete the
program is not entitled to a refund of the fee.
(f)
A court may transfer a case in which proceedings have been deferred under this
section to a court in another county if the court to which the case is
transferred consents. A case may not be transferred unless it is within the
jurisdiction of the court to which it is transferred.
(g)
In addition to the fee authorized by Subsection (e) of this article, the court
may require a child who requests a teen court program to pay a $10 fee to cover
the cost to the teen court for performing its 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. A child who
pays a fee under this subsection is not entitled to a refund of the fee,
regardless of whether the child successfully completes the teen court program.
(h)
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
that is imposed by another statute.
Added
by Acts 1989, 71st Leg., ch. 1031, Sec. 1, eff. Sept. 1, 1989. Subsec. (g)
added by Acts 1995, 74th Leg., ch. 598, Sec. 1, eff. Sept. 1, 1995; added by
Acts 1995, 74th Leg., ch. 748, Sec. 2, eff. Sept. 1, 1995; Subsec. (h)
relettered from Subsec. (g) by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(13),
eff. Sept. 1, 1997; Subsecs. (a), (f) amended by Acts 1999, 76th Leg., ch. 76,
Sec. 6, eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.55 and
amended by Acts 1999, 76th Leg., ch. 1545, Sec. 52, eff. Sept. 1, 1999. Subsec.
(a) amended by Acts 2001, 77th Leg., ch. 216, Sec. 1, eff. Sept. 1, 2001;
Subsec. (c) amended by Acts 2001, 77th Leg., ch. 216, Sec. 1, eff. Sept. 1,
2001. § 54.032.
DEFERRAL
OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN COURT
PROGRAM.
(a)
A juvenile court may defer adjudication proceedings under Section 54.03 for not
more than 180 days if the child:
(1) is alleged to have engaged in conduct indicating a need for
supervision that violated a penal law of this state of the grade of misdemeanor
that is punishable by fine only or a penal ordinance of a political subdivision
of this state;
(2) waives, under Section 51.09, the privilege against self-incrimination and
testifies under oath that the allegations are true;
(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
preceding the date that the alleged conduct occurred.
(b)
The teen court program must be approved by the court.
(c) A child for whom adjudication proceedings are deferred under Subsection (a)
shall complete the teen court program not later than the 90th day after the
date the teen court hearing to determine punishment is held or the last day of
the deferral period, whichever date is earlier. The court shall dismiss the
case with prejudice at the time the child presents satisfactory evidence that
the child has successfully completed the teen court program.
(d) A case dismissed under this section may not be part of the child's records
for any purpose.
(e) The court may require a child who requests a teen court program to pay a
fee not to exceed $10 that is set by the court to cover the costs of
administering this section. The court shall deposit the fee in the county
treasury of the county in which the court is located. A child who requests a
teen court program and does not complete the program is not entitled to a
refund of the fee.
(f) A court may transfer a case in which proceedings have been deferred as
provided by this section to a court in another county if the court to which the
case is transferred consents. A case may not be transferred unless it is within
the jurisdiction of the court to which it is transferred.
(g) In addition to the fee authorized by Subsection (e), the court may require
a child who requests a teen court program to pay a $10 fee to cover the cost to
the teen court for performing its duties under this section. 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. A child who pays a fee
under this subsection is not entitled to a refund of the fee, regardless of
whether the child successfully completes the teen court program.
Added by Acts 1989, 71st Leg., ch. 1031, § 2, eff. Sept. 1, 1989. Amended by
Acts 1995, 74th Leg., ch. 748, § 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg.,
ch. 216, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, § 18, eff.
Sept. 1, 2003.
|