Tex. Code of Criminal Procedure § 42.025
This is the official text of Tex. Code of Criminal Procedure § 42.025, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 42.025. SENTENCING HEARING AT SECONDARY SCHOOL.
Official statutory text
(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).
(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).
Status: in_force · Read it on the official government site
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