Tex. Code Crim. Proc. art. 42.025

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 42.025 - Sentencing Hearing At Secondary School
(a) A judge may order the sentencing hearing of a defendant convicted of an offense involving possession, manufacture, or delivery of a controlled substance under Chapter 481, Health and Safety Code, to be held at a secondary school if:
(1) the judge determines that the sentencing hearing would have educational value to students due to the nature of the offense and its consequences;
(2) the defendant agrees;
(3) the school administration agrees; and
(4) appropriate measures are taken to ensure:
(A) the safety of the students; and
(B) a fair hearing for the defendant that complies with all applicable laws and rules.
(b) A judge may, at a secondary school, receive a plea of guilty or nolo contendere from a defendant charged with an offense described by Subsection (a) and place the defendant on deferred adjudication under Subchapter C, Chapter 42A, if:
(1) the judge makes the determination that the proceeding would have educational value, as provided by Subsection (a)(1);
(2) the defendant and the school agree to the location of the proceeding, as provided by Subsections (a)(2) and (3); and
(3) appropriate measures are taken in regard to the safety of students and the rights of the defendant, as described by Subsection (a)(4).

Tex. Code Crim. Proc. § 42.025

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 770,Sec. 2.11, eff. 1/1/2017.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1280, Sec. 1, eff. 9/1/2011.