Texas Code of Criminal Procedure 45.304 – Diversion Eligibility
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(a) Except as otherwise provided by this subchapter, a child shall be diverted from formal criminal prosecution as provided by this subchapter.
(b) A child is eligible to enter into a diversion agreement under this subchapter only once every 365 days.
Terms Used In Texas Code of Criminal Procedure 45.304
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A child is not eligible for diversion if the child has previously had an unsuccessful diversion under this subchapter.
(d) A child is not eligible for diversion if a diversion is objected to by the attorney representing the state.
(e) A court may not divert a child from criminal prosecution as provided by this subchapter without the written consent of the child and the child’s parent.