Tex. Code of Crim. Proc. Article 45A.402
Dismissal of Complaint on Commitment of Person with Chemical Dependency

(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 (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 complaint 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. 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 (Expunction of Criminal Records).

(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.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Source: Article 45A.402 — Dismissal of Complaint on Commitment of Person with Chemical Dependency, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45A.­htm#45A.­402 (accessed Jun. 5, 2024).

45A.001
Chapter Purpose and Objectives 45A.002
Definitions 45A.003
Applicability 45A.004
Rules of Evidence 45A.005
Prosecuting Attorney 45A.006
General Duties of Municipal Attorneys 45A.051
Electronic Records 45A.052
Court Seal 45A.053
Docket 45A.054
Filing by Mail 45A.055
Confidential Records Related to Fine-only Misdemeanors 45A.101
Complaint 45A.102
Objection to Charging Instrument 45A.103
Service of Process for Municipal Court 45A.104
Arrest Warrant 45A.105
Arrest Warrant Without Complaint 45A.106
Defendant Placed in Jail 45A.107
Bail 45A.108
Felony Offense Committed in Another County 45A.151
Defendant’s Plea 45A.152
Defendant’s Refusal to Plead 45A.153
Plea of Guilty or Nolo Contendere Generally 45A.154
Plea of Guilty or Nolo Contendere by Defendant in Jail 45A.155
Jury Waiver 45A.156
Jury Summoned 45A.157
Failure to Appear for Jury Trial 45A.158
Attorney Representing State Not Present for Trial 45A.159
Jury Selection and Formation 45A.160
Defendant’s Right to Attorney 45A.161
Order of Argument 45A.162
Directed Verdict 45A.163
Jury Charge 45A.164
Jury Kept Together During Deliberation 45A.165
Mistrial 45A.166
Verdict 45A.201
New Trial 45A.202
Appeal 45A.203
Appeal Bond 45A.204
Effect of Appeal 45A.251
Judgment 45A.252
Sufficiency of Resources to Pay Fines or Costs 45A.253
Discharging Fines or Costs 45A.254
Community Service to Satisfy Fines or Costs 45A.255
Community Service in Certain Cases Involving Deferred Disposition 45A.256
Forfeiture of Cash Bond to Satisfy Fines and Costs 45A.257
Waiver of Payment of Fines and Costs 45A.258
Reconsideration of Satisfaction of Fines or Costs 45A.259
Capias Pro Fine 45A.260
Appearance by Telephone or Videoconference 45A.261
Commitment 45A.262
Discharged from Jail 45A.263
Civil Collection of Fines and Costs After Judgment 45A.264
Collection of Fines and Costs by Municipality 45A.301
Applicability 45A.302
Deferred Disposition 45A.303
Deferred Disposition Requirements 45A.304
Deferred Disposition Requirements: Moving Violation Committed by Young Defendant 45A.305
Dismissal of Complaint on Compliance with Judicial Requirements 45A.306
Show Cause Hearing on Failure to Comply with Judicial Requirements 45A.307
Judicial Actions on Show Cause Hearing 45A.351
Applicability 45A.352
Driving Safety or Motorcycle Operator Training Course Completion 45A.353
Certain Defendants Entitled to Complete Driving Safety or Motorcycle Operator Training Course 45A.354
Content of Notice to Appear 45A.355
Extension for Good Cause 45A.356
Judicial Actions Following Plea 45A.357
Effect of Dismissal or Course Completion 45A.358
Additional Fines and Fees Relating to Course Request 45A.359
Driving Record Retrieval and Related Fee 45A.401
Dismissal of Misdemeanor Charge on Completion of Teen Court Program 45A.402
Dismissal of Complaint on Commitment of Person with Chemical Dependency 45A.403
Dismissal of Parent Contributing to Nonattendance Charge 45A.451
Juvenile Case Managers 45A.452
Plea 45A.453
Child Taken into Custody 45A.454
Conduct Alleged on School Property 45A.455
Child Taken into Custody for Violation of Juvenile Curfew or Order 45A.456
Continuing Obligation to Appear for Unadjudicated Child, Now Adult 45A.457
Finding that Offense Committed 45A.458
Finding of Electronic Transmission of Certain Visual Material Depicting Minor 45A.459
Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants 45A.460
Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds 45A.461
Failure to Pay Fine or Appear 45A.462
Confidential Records Related to Certain Charges Against or Convictions of Child 45A.463
Expunction of Certain Records of Child or Minor 45A.464
Expunction of Records Related to Failure to Attend School
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Accessed:
Jun. 5, 2024

Art. 45A.402’s source at texas​.gov