State Statutes

Article 45.052. Dismissal of Misdemeanor Charge on Completion of Teen Court Program

(a) A justice or municipal court may defer proceedings against a defendant who is under the age of 18 or enrolled full time in an accredited secondary school in a program leading toward a high school diploma for not more than 180 days if the defendant:

• Is charged with an offense that the court has jurisdiction of under Article 4.11 or 414, Code of Criminal Procedure;
• Pleads nolo contendere or guilty to the offense in open court with the defendant's parent, guardian, or managing conservator present;
• Presents to the court an oral or written request to attend a teen court program; and
• Has not successfully completed a teen court program in the year preceding the date that the alleged offense occurred.

(b) The teen court program must be approved by the court.

(c) A defendant for whom proceedings are deferred under Subsection (a) shall complete the teen court program not later than the 90th day after the date of the teen court hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier. The justice or municipal court shall dismiss the charge at the time the defendant presents satisfactory evidence that the defendant has successfully completed the teen court program.

(d) A charge dismissed under this article may not be part of the defendant's criminal record or driving record or used for any purpose. However, if the charge was for a traffic offense, the court shall report to the Department of Public Safety that the defendant successfully completed the teen court program and the date of completion for inclusion in the defendant's driving record.

(e) The justice or municipal court may require a person who requests a teen court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this article. Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by a justice court shall be deposited in the county treasury of the county in which the court is located. A person who requests a teen court program and fails to complete the program is not entitled to a refund of the fee.

(f) A court may transfer a case in which proceedings have been deferred under this section to a court in another county if the court to which the case is transferred consents. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.

(g) In addition to the fee authorized by Subsection (e) of this article, the court may require a child who requests a teen court program to pay a $10 fee to cover the cost to the teen court for performing its duties under this article. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee. A child who pays a fee under this subsection is not entitled to a refund of the fee, regardless of whether or not the child successfully completes the teen court program.

(h) A justice or municipal court may exempt a defendant for whom proceedings are deferred under this article from the requirement to pay a court cost or fee that is imposed by another statute.

Added by Acts 1989, 71st Leg, chapter 1031, Section 1, effective September 1, 1989. SubSection (g)added by Acts 1995, 74th Leg, chapter 598, Section 1, effective September 1, 1995; added by Acts 1995, 74th Leg, chapter 748, Section 2, effective September 1, 1995; SubSection (h) re-lettered from SubSection (g) by Acts 1997, 75th Leg, chapter 165, Section 31.01(13), effective September 1, 1997; Subsecs. (a), (f) amended by Acts 1999, 76th Leg, chapter 76, Section 6, effective September 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.55 and amended by Acts 1999, 76th Leg, chapter 1545, Section 52, effective September 1, 1999. SubSection (a) amended by Acts 2001, 77th Leg, chapter 216, Section 1, effective September 1, 2001; SubSection (c) amended by Acts 2001, 77th Leg, chapter 216, Section 1, effective September 1, 2001. § 54.032.

Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Court Program.

(a) A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child:

• Is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of this state of the grade of a misdemeanor that is punishable by fine only or a penal ordinance of a political subdivision of this state;
• Waives, under Section 5109, the privilege against self-incrimination and testifies under oath that the allegations are true;
• Presents to the court an oral or written request to attend a teen court program; and
• Has not successfully completed a teen court program in the two years preceding the date that the alleged conduct occurred.

(b) The teen court program must be approved by the court.

(c) A child for whom adjudication proceedings are deferred under Subsection (a) shall complete the teen court program not later than the 90th day after the date the teen court hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier. The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen court program.

(d) A case dismissed under this section may not be part of the child's records for any purpose.

(e) The court may require a child who requests a teen court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located. A child who requests a teen court program and does not complete the program is not entitled to a refund of the fee.

(f) A court may transfer a case in which proceedings have been deferred as provided by this section to a court in another county if the court to which the case is transferred consents. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.

(g) In addition to the fee authorized by Subsection (e), the court may require a child who requests a teen court program to pay a $10 fee to cover the cost to the teen court for performing its duties under this section. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee. A child who pays a fee under this subsection is not entitled to a refund of the fee, regardless of whether or not the child successfully completes the teen court program.

Added by Acts 1989, 71st Legislation, chapter 1031, § 2, effective September 1, 1989. Amended by Acts 1995, 74th Legislation, chapter 748, § 1, effective September 1, 1995; Acts 2001, 77th Legislation, chapter 216, § 2, effective September 1, 2001; Acts 2003, 78th Legislation, chapter 283, § 18, effective September 1, 2003.

Juvenile / Parent Notice

Attention: Pursuant to Texas law, Article 45.057(j), Code of Criminal Procedure, you are being provided written notice of the following:

1. A child and parent required to appear before the Court have an obligation to provide the Court in writing with the current address and residence of the child.
2. The obligation does not end when the child reaches age 17.
3. On or before the seventh day after the date the child or parent changes residence (any place where the child lives or resides for a period of at least 30 days), the child or parent shall notify the Court of the current address in the manner directed by the Court.
4. Failure to provide notice is a Class C misdemeanor and may result in arrest. 
5. The obligation to provide notice terminates on discharge and satisfaction of the judgment or final disposition not requiring a finding of guilt.
6. If an appellate Court accepts an appeal for trial de novo, the child and parent shall provide the notice to the appellate Court.