This section lets a juvenile court defer adjudication for certain first-offender misdemeanor dating-violence cases, but only with prosecuting-attorney recommendation and required program approval; the child must finish the program and appear monthly, and the court must dismiss the case with prejudice after successful completion.
Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. (a) In this section: (1) "Dating violence" has the meaning assigned by Section 71.0021. (2) "Family violence" has the meaning assigned by Section 71.004. (3) "Teen dating violence court program" means a program that includes: (A) a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct; (B) a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system; (C) a court-employed resource coordinator to monitor children's compliance with the 12-week program; (D) one judge who presides over all of the cases in the jurisdiction that qualify for the program; and (E) an attorney in the district attorney's office or the county attorney's office who is assigned to the program. (b) On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct: (1) that violated a penal law of this state of the grade of misdemeanor; and (2) involving dating violence. (c) For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault. (d) Before implementation, the teen dating violence court program must be approved by: (1) the court; and (2) the commissioners court of the county. (e) A child for whom adjudication proceedings are deferred under Subsection (b) shall: (1) complete the teen dating violence court program not later than the last day of the deferral period; and (2) appear in court once a month for monitoring purposes. (f) The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen dating violence court program. (g) Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022. (h) Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022. (i) The court shall track the number of children ordered to participate in the teen dating violence court program, the percentage of victims meeting with the teen victim advocate, and the compliance rate of the children ordered to participate in the program. Added by Acts 2011, 82nd Leg., R.S., Ch. 1299 (H.B. 2496), Sec. 1, eff. September 1, 2011. Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(2), eff. January 1, 2022.