During the 2023 Legislative Session, the Texas Legislature created a requirement for justice courts to divert many juvenile criminal cases, in an effort to resolve juvenile behavioral issues without directly involving the criminal justice system or criminal penalties. While many provisions of the bill went into effect January 1, 2024, the diversion procedure only applies to offenses occurring on or after January 1, 2025.
What Offenses are Eligible for Diversion?
The court must divert any fine-only misdemeanor, other than a traffic offense, alleged to have been committed by an eligible defendant on or after January 1, 2025. There is no discretion on the part of the court in determining whether or not the case is diverted.
What Defendants are Eligible for Diversion?
In order to be eligible for a diversion:
• The defendant must have been under 17 years of age at the time of the offense;
• The defendant must not have entered into a diversion agreement in the previous 365 days;
• The defendant must have never had an unsuccessful diversion;
• There must be no objection from the prosecutor; and
• The court must have written consent of the defendant and the defendant’s parent.