Texas Family Code

§ 53.03 — DEFERRED PROSECUTION

FA § 53.03Title 3. JUVENILE JUSTICE CODE · Ch. 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS

Statute text

(a)Subject to Subsections (e) and (g), if the preliminary investigation required by Section 53.01 of this code results in a determination that further proceedings in the case are authorized, the probation officer or other designated officer of the court, subject to the direction of the juvenile court, may advise the parties for a reasonable period of time not to exceed six months concerning deferred prosecution and rehabilitation of a child if:

(1)deferred prosecution would be in the interest of the public and the child;

(2)the child and his parent, guardian, or custodian consent with knowledge that consent is not obligatory; and

(3)the child and his parent, guardian, or custodian are informed that they may terminate the deferred prosecution at any point and petition the court for a court hearing in the case.

(b)Except as otherwise permitted by this title, the child may not be detained during or as a result of the deferred prosecution process.

(c)An incriminating statement made by a participant to the person giving advice and in the discussions or conferences incident thereto may not be used against the declarant in any court hearing.

…

Legislative history

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 11, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 48, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 5, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 12, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(4), eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 1021 (H.B. 5183), Sec. 5, eff. June 18, 2023.