HB 654
AN ACT relating to the dismissal of a criminal charge related to the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the dismissal of a criminal charge related to the
Bill Text
relating to the dismissal of a criminal charge related to the illegal hunting of certain deer; authorizing fees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 61, Parks and Wildlife Code, is amended by adding Section 61.902 to read as follows: Sec. 61.902. DISMISSAL OF CERTAIN CHARGES RELATED TO PROHIBITED HUNTING ON COMPLETION OF HUNTER EDUCATION COURSE. (a) In this section, "hunter education course" means a hunter education course established under Section 62.014. (b) This section applies only to an alleged offense for the violation of a provision of this code, or a proclamation or regulation of the commission issued under the authority of this code, that prohibits the hunting of certain mule deer or white-tailed deer based on the inside or outside spread measurement (c) A court having proper jurisdiction of an offense to which this section applies may, without entering an adjudication of guilt, defer proceedings against a defendant for a period not to exceed 180 days if the defendant: (1) reported the defendant's commission of the offense to the department and was subsequently charged with the offense; (2) has not previously been convicted of an offense to (3) pleads nolo contendere or guilty to the offense in (4) presents to the court an oral or written request to attend a hunter education course. (d) The court shall dismiss a defendant's charge that the court deferred under Subsection (c) if the defendant presents satisfactory evidence that the defendant: (1) has successfully completed the hunter education course before the last day of the deferral period; and (2) during the deferral period, has not violated a provision of this code or a proclamation or regulation of the commission issued under the authority of this code. (e) The court shall enter an adjudication of guilt and impose the penalty for the offense if the defendant fails to satisfy the conditions for dismissal of the charge described by Subsection (f) Notwithstanding any other law, a charge dismissed under (1) considered a conviction for the purposes of any disqualifications or disabilities imposed by this code or other law for conviction of an offense; or (2) used as grounds for denying issuance of a professional or occupational license or certificate to, or suspending or revoking the professional or occupational license or certificate of, the defendant otherwise entitled to or qualified for the license or certificate. (g) A court may transfer a case in which proceedings have been deferred under this section to a different court if that court consents to the transfer and has jurisdiction over the case. (h) In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may require a defendant who requests a hunter education course to pay a reimbursement fee in an amount not to exceed $10 to cover the costs of administering this section. Money collected by the court shall be deposited in the county treasury of the county in (i) In addition to the reimbursement fee authorized by Subsection (h), the court may require a defendant who requests a hunter education course to pay a $10 reimbursement fee to cover the course provider's cost for performing duties under this section. The court shall pay the fee to the course provider, and the course provider must account to the court for the receipt and disbursal of (j) A defendant who pays a fee under Subsection (h) or (i) is not entitled to a refund of the fee, regardless of whether the defendant successfully completes the hunter education course. (k) A court may not require an indigent defendant for whom proceedings are deferred under this section to pay a reimbursement SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the dismissal of a criminal charge related to the
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