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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) If a charge involving a child who is eligible for diversion is filed with a court, a justice or judge shall divert the case under this article as follows:
(1) if 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; or
(2) if the child contests the charge, a justice or judge shall divert the case under this article at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided by Article 45.041.
(b) A diversion under this article may not exceed 180 days.
(c) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45.305.
(d) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(e) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45.311.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 45.310. Diversion by Justice or Judge - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45-310/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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