Diversion Eligibility

Art. 45A.504. DIVERSION ELIGIBILITY. (a) Except as otherwise provided by this subchapter, a child shall be diverted from formal criminal prosecution as provided by this subchapter. (b) A child is eligible to enter into a diversion agreement under this subchapter only once every 12 months. (b-1) A child is eligible to enter into a diversion agreement under this subchapter for more than one offense if the offenses are alleged to have occurred as part of the same criminal episode, as defined by Section 3.01, Penal Code. (c) A child is not eligible for diversion if the child has previously had an unsuccessful diversion under this subchapter. (d) A child is not eligible for diversion if a diversion is objected to by the attorney representing the state. (e) A court may not divert a child from criminal prosecution as provided by this subchapter without the written consent of the child and the child's parent. Added by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.027(a), eff. September 1, 2025. Amended by: Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 10.03, eff. December 4, 2025.