Texas Statutes (Last Updated: January 4, 2014) |
CODE OF CRIMINAL PROCEDURE |
Title 1. CODE OF CRIMINAL PROCEDURE |
Chapter 42. JUDGMENT AND SENTENCE |
Art. 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 Section 5, Article 42.12, 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). |
Added by Acts 2011, 82nd Leg., R.S., Ch. 1280 , Sec. 1, eff. September 1, 2011. |