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Selected Date: 3/9/2015
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Code of Criminal Procedure 42.025 on 3/9/2015

	
					

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.


Text of subsection effective until January 01, 2017

(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 (H.B. 1113), Sec. 1, eff. September 1, 2011.

The statutes available on this website are current through the 1st Called Session of the 85th Legislature, August 2017. The Texas Constitution is current through the amendments approved by voters in November 2017. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, have been revised to reflect amendments and to modernize the language.