Title CR, Code of Criminal Procedure

Art. 45A.302. DEFERRED DISPOSITION. (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, a judge may defer further proceedings for a period not to exceed 180 days without e…

Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS. (a) Notwithstanding any other law, as an alternative to requiring a defendant charged with one or more offenses to pay all fines and court costs as required by Article 45A.302, the judge may: (1) allow the defendant to enter into a…

Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS: MOVING VIOLATION COMMITTED BY YOUNG DEFENDANT. (a) This article applies to a defendant who: (1) is younger than 25 years of age; and (2) committed a traffic offense classified as a moving violation. (b) Notwithstanding Article 45A.…

Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE WITH JUDICIAL REQUIREMENTS. (a) On determining that the defendant has complied with the requirements imposed by the judge under this subchapter, the judge shall dismiss the complaint. (b) If a complaint is dismissed under Subsect…

Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY WITH JUDICIAL REQUIREMENTS. If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this subchapter, the court shall: (1) notify the def…

Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING. (a) On the defendant's showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this subchapter, the court may allow an additional period during which th…

Art. 45A.351. APPLICABILITY. (a) Except as provided by Subsections (b) and (c), this subchapter applies only to an alleged offense that: (1) is within the jurisdiction of a justice or municipal court; (2) involves the operation of a motor vehicle; and (3) is defined by: (A) Secti…

Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR TRAINING COURSE COMPLETION. (a) The judge shall require a defendant to successfully complete a driving safety course approved by the Texas Department of Licensing and Regulation or a course under the motorcycle operator training…

Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE DRIVING SAFETY OR MOTORCYCLE OPERATOR TRAINING COURSE. The court shall advise a defendant charged with a misdemeanor under Section 472.022, Transportation Code, Subtitle C, Title 7, Transportation Code, or Section 729.001(a)(3…

Art. 45A.354. CONTENT OF NOTICE TO APPEAR. (a) A notice to appear issued for an offense to which this subchapter applies must inform a defendant charged with an offense under Section 472.022, Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an of…

Art. 45A.355. EXTENSION FOR GOOD CAUSE. On a defendant's showing of good cause for failure to provide evidence to the court, the court may allow an additional period during which the defendant may present: (1) a uniform certificate of course completion as evidence that the defend…

Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW CAUSE HEARING. (a) The court shall enter judgment on a defendant's plea of nolo contendere or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant a 90-day period to successfully complet…

Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION. (a) A charge that is dismissed under this subchapter may not be part of a person's driving record or used for any purpose. (b) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may …

Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO COURSE REQUEST. (a) In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may: (1) subject to Subsection (a-1), require a defendant requesting a driving safety …

Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE. (a) In this article, "state electronic Internet portal" has the meaning assigned by Section 2054.003, Government Code. (b) As an alternative to receiving the defendant's driving record under Article 45A.356(a)(2), the judge,…

Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION OF TEEN COURT PROGRAM. (a) This article applies only to a defendant who is: (1) younger than 18 years of age; or (2) enrolled full time in an accredited secondary school in a program leading toward a high school diploma.…

Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY. (a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only, a justice or municipal court may defer further proceedings for …

Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and notwithstanding any other law, a county, justice, or municipal court may dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093…

Art. 45A.451. JUVENILE CASE MANAGERS. (a) On approval of the commissioners court, governing body of a municipality, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, municipal court, school district, juvenile probati…

Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT. (a) Subject to the requirements of Subchapter K, this article applies to a defendant who has not had the disabilities of minority removed and has been: (1) charged with an offense other than an offense under Section 43.261, …

Art. 45A.453. CHILD TAKEN INTO CUSTODY. (a) In this article, "child" means a person who is: (1) at least 10 years of age and younger than 17 years of age; and (2) charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4…

Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY. (a) In this article, "child" has the meaning assigned by Article 45A.453(a). (b) If a law enforcement officer issues a citation or files a complaint in the manner provided by Article 45A.101(g) for conduct by a child 12 years of a…

Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR UNADJUDICATED CHILD, NOW ADULT; OFFENSE. (a) Except as provided by Articles 45A.453 and 45A.454, an individual may not be taken into secured custody for offenses alleged to have occurred before the individual's 17th birthday. (b) …

Art. 45A.457. FINDING THAT OFFENSE COMMITTED. (a) In this article: (1) "Child" has the meaning assigned by Article 45A.453(a). (2) "Parent" includes a person standing in parental relation, a managing conservator, or a custodian. (3) "Residence" means any place where the child liv…

Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR. (a) In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. The term does not include a parent whose parental rights have been…

Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or cost for a Class C misdemeanor. (b) A justice or judge may require a defendant described …

Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR COSTS FOR CERTAIN JUVENILE DEFENDANTS FOR OFFENSES ON SCHOOL GROUNDS. (a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or cost for a Class C misdemeanor occurring in a building or …

Art. 45A.461. FAILURE TO PAY FINE OR APPEAR. (a) In this article, "child" has the meaning assigned by Article 45A.453(a). (b) A justice or municipal court may not order the confinement of a child for: (1) the failure to pay all or part of a fine or cost imposed for the conviction…

Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN CHARGES AGAINST OR CONVICTIONS OF CHILD. (a) In this article, "child" has the meaning assigned by Article 45A.453(a). (b) Except as provided by Article 15.27 and Subsection (c) of this article, all records and files, including…

Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD OR MINOR. (a) In this article, "child" has the meaning assigned by Section 51.02, Family Code. (b) This article does not apply to an offense otherwise covered by: (1) Chapter 106, Alcoholic Beverage Code; or (2) Chapter 161, He…

Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE TO ATTEND SCHOOL. (a) In this article, "truancy offense" means an offense committed under the former Section 25.094, Education Code. (b) An individual who has been convicted of a truancy offense or has had a complaint for a t…

Art. 45A.501. DEFINITIONS. In this subchapter: (1) "Charge" means a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint. (2) "Child" has the meaning assigned by Article 45A.453(a). (3) "Court" means a justi…

Art. 45A.502. APPLICABILITY. This subchapter applies only to a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense. Added by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.027(a), eff. Septe…

Art. 45A.503. TRANSFER TO JUVENILE COURT NOT AFFECTED. Nothing in this subchapter precludes: (1) a case involving a child from being referred, adjudicated, or disposed of as conduct indicating a need for supervision under Title 3, Family Code; or (2) a waiver of criminal jurisdic…

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 1…

Art. 45A.505. DIVERSION STRATEGIES. (a) Diversion strategies include: (1) requiring a child to participate in a program, including: (A) a court-approved teen court program operated by a service provider; (B) a school-related program; (C) an educational program, including an alcoh…

Art. 45A.506. YOUTH DIVERSION PLAN. (a) A youth diversion plan is a written plan that describes the types of strategies that will be used to implement youth diversion. A youth diversion plan does not limit the types of diversion strategies that may be imposed under a diversion ag…

Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) A court may designate a youth diversion coordinator to assist the court in: (1) determining whether a child is eligible for diversion; (2) employing a diversion strategy authorized by this subchapter; (3) presenting and maintaining d…

Art. 45A.508. DIVERSION AGREEMENT. (a) A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45A.509 or 45A.510. (b) Stated objectives in …

Art. 45A.509. INTERMEDIATE DIVERSION. (a) If provided by a youth diversion plan, a youth diversion coordinator or juvenile case manager shall advise the child and the child's parent before a case is filed that the case may be diverted under this article for a reasonable period no…

Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a) If a charge involving a child who is eligible for diversion is filed with a court, and the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea. (b)…

Art. 45A.511. REFERRAL TO COURT. (a) A court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45A.509 or 45A.510 and is referred to the court. (b) The hearing is an opportunity for a justice or judge to …

Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. (a) The clerk of a justice or municipal court may collect from a child's parent an administrative fee not to exceed $50 to defray the costs of the diversion of the child's case under this subchapter. (b) The fee under this a…

Art. 45A.513. DIVERSION RECORDS. (a) A justice or municipal court shall maintain statistics for each diversion strategy authorized by this subchapter. (b) Other than statistical records, all records generated under this subchapter are confidential under Article 45A.462. (c) All r…