Texas § 45A.402 DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.

Texas Statutes

§ 45A.402 — DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.

Texas § 45A.402

Code CRCode of Criminal Procedure

This text of Texas § 45A.402 (DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 45A.402 (2026).

Text

Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY.

(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, a justice or municipal court may defer further proceedings for a 90-day period without entering an adjudication of guilt if:

(1)the court finds that the offense resulted from or was related to the defendant's chemical dependency; and

(2)an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462 , Health and Safety Code.

(b)At the end of the deferral period, the justice or municipal court shall dismiss the complaint if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in acco

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Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF PERSON WITH CHEMICAL DEPENDENCY. (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, a justice or municipal court may defer further proceedings for a 90-day period without entering an adjudication of guilt if:
(1) the court finds that the offense resulted from or was related to the defendant's chemical dependency; and
(2) an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462 , Health and Safety Code.
(b) At the end of the deferral period, the justice or municipal court shall dismiss the complaint if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462 , Health and Safety Code. If a complaint is dismissed under this subsection, there is not a final conviction and the complaint may not be used against the person for any purpose. The docket must clearly note that the court dismissed the complaint and that there is not a final conviction. Records relating to a complaint dismissed under this subsection may be expunged under Subchapter A, B, or C, Chapter 55A .
(c) If at the conclusion of the deferral period satisfactory evidence described by Subsection (b) is not presented, the justice or municipal court may impose the fine assessed or a lesser fine. The imposition of the fine constitutes a final conviction of the defendant.