Deferred Guilty Plea for Family Violence

Upon a proper motion, when a defendant voluntarily pleads guilty, prior to the commencement of trial, to a misdemeanor charge of family violence, as defined in this Chapter, he or she is found eligible for a deferred guilty plea pursuant to § 30.80.1 of this Chapter, and the defendant agrees to participate in education, counseling and/or treatment program(s) as directed by the court, the court may defer criminal proceedings until such a time as may be required for the defendant to complete the education, counseling and/or treatment program(s). Upon the defendant’s completion of the period designated by the court and in compliance with the terms and conditions established, the court may discharge the defendant and dismiss the charge against the defendant. Such discharge of the defendant and dismissal of the case shall be without adjudication of guilt and shall eliminate any civil admission of guilt and is not a conviction. Offenses dismissed under this Section and/or under a family violence diversion program shall count as prior offenses in the application of minimum sentences under this Chapter. SOURCE: Added by P.L. 22-160:2 (Dec. 30, 1994). Repealed and reenacted by P.L. 31-109:3 (Sept. 30, 2011), effective 180 days from date of enactment, pursuant to P.L. 31-109:4. Amended by P.L. 32-017:4 (Apr. 11, 2013)