Title CR, Code of Criminal Procedure

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…

Art. 46.04. TRANSPORTATION TO A MENTAL HEALTH FACILITY OR RESIDENTIAL CARE FACILITY Sec. 1. PERSONS ACCOMPANYING TRANSPORT. (a) A patient transported from a jail or detention facility to a mental health facility or a residential care facility shall be transported by a special off…

Art. 46.05. COMPETENCY TO BE EXECUTED. (a) A person who is incompetent to be executed may not be executed. (b) The trial court retains jurisdiction over motions filed by or for a defendant under this article. (c) A motion filed under this article must identify the proceeding in w…

Art. 46B.001. DEFINITIONS. In this chapter: (1) "Adaptive behavior" means the effectiveness with or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. (2) "Commission" means the Health a…

Art. 46B.002. APPLICABILITY. This chapter applies to a defendant charged with a felony or with a misdemeanor punishable by confinement. Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.

Art. 46B.0021. FACILITY DESIGNATION. The commission may designate for the commitment of a defendant under this chapter only a facility operated by the commission or under a contract with the commission for that purpose. Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Se…

Art. 46B.003. INCOMPETENCY; PRESUMPTIONS. (a) A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or (2) a rational as well as factual understand…

Art. 46B.004. RAISING ISSUE OF INCOMPETENCY TO STAND TRIAL. (a) Either party may suggest by motion, or the trial court may suggest on its own motion, that the defendant may be incompetent to stand trial. A motion suggesting that the defendant may be incompetent to stand trial may…

Art. 46B.005. DETERMINING INCOMPETENCY TO STAND TRIAL. (a) If after an informal inquiry the court determines that evidence exists to support a finding of incompetency, the court shall order an examination under Subchapter B to determine whether the defendant is incompetent to sta…

Art. 46B.006. APPOINTMENT OF AND REPRESENTATION BY COUNSEL. (a) A defendant is entitled to representation by counsel before any court-ordered competency evaluation and during any proceeding at which it is suggested that the defendant may be incompetent to stand trial. (b) If the …

Art. 46B.007. ADMISSIBILITY OF STATEMENTS AND CERTAIN OTHER EVIDENCE. A statement made by a defendant during an examination or trial on the defendant's incompetency, the testimony of an expert based on that statement, and evidence obtained as a result of that statement may not be…

Art. 46B.008. RULES OF EVIDENCE. Notwithstanding Rule 101, Texas Rules of Evidence, the Texas Rules of Evidence apply to a trial under Subchapter C or other proceeding under this chapter whether the proceeding is before a jury or before the court. Added by Acts 2003, 78th Leg., c…