Section 45.310 - Diversion By Justice Or Judge(a) If a charge involving a child who is eligible for diversion is filed with a court, a justice or judge shall divert the case under this article as follows: (1) if the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea; or (2) if the child contests the charge, a justice or judge shall divert the case under this article at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided by Article 45.041. (b) A diversion under this article may not exceed 180 days. (c) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45.305. (d) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court. (e) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45.311. Tex. Code Crim. Proc. § 45.310
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 525,Sec. 2, eff. 1/1/2024, app. only to an offense committed on or after January 1, 2025.