(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).

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Terms Used In Texas Code of Criminal Procedure 42.025

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.