Tex. Code Crim. Proc. art. 45A.402 · Subchapter I. OTHER DISMISSALS
DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 a 90-day period without entering an adjudication of guilt if:
(1) the court finds that the offense resulted from or was related to the defendant's chemical dependency; and
(2) an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462, Health and Safety Code.
(b) At the end of the deferral period, the justice or municipal court shall dismiss the complaint if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462, Health and Safety Code. If a complaint is dismissed under this subsection, there is not a final conviction and the complaint may not be used against the person for any purpose. The docket must clearly note that the court dismissed the complaint and that there is not a final conviction. Records relating to a complaint dismissed under this subsection may be expunged under Subchapter A, B, or C, Chapter 55A.
(c) If at the conclusion of the deferral period satisfactory evidence described by Subsection (b) is not presented, the justice or municipal court may impose the fine assessed or a lesser fine. The imposition of the fine constitutes a final conviction of the defendant.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm
- Text hash
- sha256 34237d367f02a1978332da9f57369442b54207ff306cf42b56e294842b8a19a2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.