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.