Tex.
Code of Crim. Proc. Article 45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
(a)
On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by a fine only, a justice or municipal court may defer further proceedings for 90 days 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 (Treatment of Persons with Chemical Dependencies), Health and Safety Code.(b)
At the end of the deferral period, the justice or municipal court shall dismiss the charge if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462 (Treatment of Persons with Chemical Dependencies), Health and Safety Code, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction.(c)
If at the conclusion of the deferral period satisfactory evidence that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462 (Treatment of Persons with Chemical Dependencies), Health and Safety Code, is not presented, the justice or municipal court may impose the fine assessed or impose a lesser fine. The imposition of a fine constitutes a final conviction of the defendant.(d)
Records relating to a complaint dismissed under this article may be expunged under Article 55.01 of this code. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.(a)
Subject to Subsection (b) and notwithstanding any other law, a county, justice, or municipal court, at the court’s discretion, may dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093 (Parent Contributing to Nonattendance), Education Code, if the court finds that a dismissal would be in the interest of justice because:(1)
there is a low likelihood of recidivism by the defendant; or(2)
sufficient justification exists for the failure to attend school.(b)
Notwithstanding any other law, a county, justice, or municipal court shall dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093 (Parent Contributing to Nonattendance), Education Code, if the parent completes the terms of an agreement entered into by the parent and the school district at which the parent’s child attends under Section 25.094 (Agreement for Dismissal of Parent Contributing to Nonattendance Charge), Education Code, within the period required by Subsection (b) of that section. If agreed to by the school district that is a party to the agreement, the court may extend the period under Section 25.094 (Agreement for Dismissal of Parent Contributing to Nonattendance Charge)(b), Education Code, during which a parent may fulfill the terms of the agreement.
Source:
Article 45.053 — Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.053 (accessed Apr. 20, 2024).
