(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.

Terms Used In Texas Code of Criminal Procedure 45.310

  • Conviction: A judgement of guilt against a criminal defendant.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.

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