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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a misdemeanor charge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 45.052 (a)(4) Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.052. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION |
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OF TEEN COURT PROGRAM. (a) A justice or municipal court may defer |
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proceedings against a defendant who is under the age of 18 or |
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enrolled full time in an accredited secondary school in a program |
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leading toward a high school diploma for not more than 180 days if |
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the defendant: |
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(1) is charged with an offense that the court has |
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jurisdiction of under Article 4.11 or 4.14, Code of Criminal |
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Procedure; |
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(2) pleads nolo contendere or guilty to the offense in open |
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court with the defendant's parent, guardian, or managing |
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conservator present; |
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(3) presents to the court an oral or written request to |
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attend a teen court program; [and] |
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(4) has not successfully completed a teen court program in |
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the [two years] 12 months preceding the date that the alleged |
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offense occurred; and |
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(5) was referred to the teen court program by a designated |
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school official as a diversionary program. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |