By Brady H.B. No. 2919 74R1049 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the dismissal of certain misdemeanor charges on 1-3 completion of a young adult court program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 45, Code of Criminal Procedure, is 1-6 amended by adding Article 45.551 to read as follows: 1-7 Art. 45.551. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION 1-8 OF YOUNG ADULT COURT PROGRAM. (a) This article applies to a 1-9 defendant who is: 1-10 (1) at least 18 years of age or enrolled full time in 1-11 an accredited institution of higher education, as defined by 1-12 Section 61.003, Education Code; and 1-13 (2) younger than 22 years of age. 1-14 (b) A justice or municipal court may defer proceedings 1-15 against a defendant for 90 days if the defendant: 1-16 (1) is charged with a misdemeanor punishable by fine 1-17 only or a violation of a penal ordinance of a political 1-18 subdivision, including a traffic offense punishable by fine only; 1-19 (2) pleads nolo contendere or guilty to the offense in 1-20 open court; 1-21 (3) presents to the court an oral or written request 1-22 to attend a young adult court program; and 1-23 (4) has not previously successfully completed a young 1-24 adult court program. 2-1 (c) The young adult court program must be approved by the 2-2 court. 2-3 (d) The justice or municipal court shall dismiss the charge 2-4 at the conclusion of the deferral period if the defendant presents 2-5 satisfactory evidence that the defendant successfully completed the 2-6 young adult court program. 2-7 (e) A charge dismissed under this article may not be part of 2-8 the defendant's criminal record or driving record or used for any 2-9 purpose, except that if the charge was for a traffic offense, the 2-10 court shall report to the Department of Public Safety that the 2-11 defendant successfully completed a young adult court program and 2-12 the date of completion for inclusion in the defendant's driving 2-13 record. 2-14 (f) The justice or municipal court may require a defendant 2-15 who requests a young adult court program to pay a fee not to exceed 2-16 $20 that is set by the court to cover the costs of administering 2-17 this article. The court shall pay $7 of any fee collected under 2-18 this subsection to the young adult court program to cover the cost 2-19 to the young adult court program for performing its duties under 2-20 this article, and the young adult court program must account to the 2-21 court for the receipt and disbursal of the fee. The remainder of 2-22 any fee collected under this subsection shall be deposited in the 2-23 municipal treasury if collected by a municipal court and in the 2-24 county treasury of the county in which the court is located if 2-25 collected by a justice court. A defendant who requests a young 2-26 adult court program and fails to complete the program is not 2-27 entitled to a refund of the fee. 3-1 (g) A court may transfer a case in which proceedings have 3-2 been deferred under this article to a court in a contiguous county 3-3 on consent of the defendant and the court to which the case is 3-4 transferred. 3-5 SECTION 2. (a) The change in law made by this Act applies 3-6 only to an offense committed on or after the effective date of this 3-7 Act. For purposes of this section, an offense is committed before 3-8 the effective date of this Act if any element of the offense occurs 3-9 before that date. 3-10 (b) An offense committed before the effective date of this 3-11 Act is covered by the law in effect when the offense was committed, 3-12 and the former law is continued in effect for that purpose. 3-13 SECTION 3. This Act takes effect September 1, 1995. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended.