Tex. Code of Crim. Proc. Article 45.311
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 45.309 (Intermediate Diversion) or 45.310 (Diversion by Justice or Judge) and is referred to the court.

(b)

The hearing is an opportunity for a justice or judge to confer with the child and the child’s parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community.

(c)

After the hearing, a court may enter an order:

(1)

amending or setting aside terms in the diversion agreement;

(2)

extending the diversion for a period not to exceed one year from the initial start date of the diversion;

(3)

issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;

(4)

subject to Subsection (d), requiring the child’s parent to perform any act or refrain from performing any act as the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;

(5)

finding the diversion successful on the basis of substantial compliance; or

(6)

finding the diversion unsuccessful and:

(A)

transferring the child to juvenile court for alleged conduct indicating a need for supervision under Section 51.08 (Transfer from Criminal Court), Family Code; or

(B)

referring the charge to the prosecutor for consideration of re-filing.

(d)

An order under Subsection (c)(4) may not have the substantive effect of interfering with a parent’s fundamental right to determine how to raise the parent’s child, unless the court finds that the interference is necessary to prevent significant impairment of the child’s physical, mental, or emotional health.

(e)

An order under Subsection (c)(4) is enforceable against the parent by contempt.

(f)

The statute of limitations in Article 12.02 (Misdemeanors)(b) is tolled during the diversion period for purposes of Subsection (c)(6)(B).
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.

Source: Article 45.311 — Referral to Court, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­311 (accessed Apr. 20, 2024).

45.001
Objectives of Chapter 45.002
Application of Chapter 45.003
Definition for Certain Prosecutions 45.004
General Definition 45.011
Rules of Evidence 45.012
Electronically Created Records 45.013
Filing with Clerk by Mail 45.015
Defendant Placed in Jail 45.016
Personal Bond 45.017
Criminal Docket 45.018
Complaint 45.020
Appearance by Counsel 45.021
Pleadings 45.022
Plea of Guilty or Nolo Contendere 45.023
Defendant’s Plea 45.024
Defendant’s Refusal to Plead 45.025
Defendant May Waive Jury 45.026
Jury Trial 45.027
Jury Summoned 45.028
Other Jurors Summoned 45.029
Peremptory Challenges 45.030
Formation of Jury 45.031
Counsel for State Not Present 45.032
Directed Verdict 45.033
Jury Charge 45.034
Jury Kept Together 45.035
Mistrial 45.036
Verdict 45.037
Motion for New Trial 45.038
New Trial Granted 45.039
Only One New Trial Granted 45.040
State Not Entitled to New Trial 45.042
Appeal 45.043
Effect of Appeal 45.044
Forfeiture of Cashbond in Satisfaction of Fine 45.046
Commitment 45.047
Civil Collection of Fines After Judgment 45.048
Discharged from Jail 45.050
Failure to Pay Fine 45.052
Dismissal of Misdemeanor Charge on Completion of Teen Court Program 45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person 45.056
Juvenile Case Managers 45.058
Children Taken into Custody 45.060
Unadjudicated Children, Now Adults 45.061
Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor 45.101
Justice Court Prosecutions 45.102
Offenses Committed in Another County 45.103
Warrant Without Complaint 45.0201
Appearance by Telephone or Videoconference 45.201
Municipal Prosecutions 45.202
Service of Process 45.203
Collection of Fines and Costs 45.0211
Plea by Defendant Charged with Family Violence Offense 45.0215
Plea by Minor and Appearance of Parent 45.0216
Expunction of Certain Conviction Records 45.0217
Confidential Records Related to Charges Against or Conviction of a Child 45.0218
Confidential Records Related to Fine-only Misdemeanor 45.0241
Acceptance of Defendant’s Plea 45.301
Definitions 45.302
Applicability 45.303
Transfer to Juvenile Court Not Affected 45.304
Diversion Eligibility 45.305
Diversion Strategies 45.306
Youth Diversion Plan 45.307
Youth Diversion Coordinator 45.308
Diversion Agreement 45.309
Intermediate Diversion 45.310
Diversion by Justice or Judge 45.311
Referral to Court 45.312
Local Youth Diversion Administrative Fee 45.313
Diversion Records 45.0425
Appeal Bond 45.0426
Filing Bond Perfects Appeal 45.0445
Reconsideration of Satisfaction of Fine or Costs 45.0492
Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants 45.0511
Driving Safety Course or Motorcycle Operator Course Dismissal Procedures 45.0541
Expunction of Failure to Attend School Records
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Art. 45.311’s source at texas​.gov