(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 and payment of all court costs, a judge may defer further proceedings for a period not to exceed 180 days without entering an adjudication of guilt.
(b) In issuing the order of deferral, the judge may impose a fine on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense.

Terms Used In Texas Code of Criminal Procedure 45A.302

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.

(c) The fine described by Subsection (b) may be collected at any time before the date on which the period of deferral ends. A judge who orders the collection of the fine must require that the amount of the fine be credited toward the payment of the amount of any fine imposed by the judge as punishment for the offense.
(d) The judge may elect not to impose the fine for good cause shown by the defendant.
(e) An order of deferral under this article terminates any liability under a bond given for the charge.


Text of article effective on January 01, 2025