Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 53.012 - Review By Prosecutor(a) The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01.(b) If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:(1) terminate all proceedings, if the reason is for lack of probable cause; or(2) return the referral to the juvenile probation department for further proceedings.(c) The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refuses to participate in a program of the department to the prosecuting attorney for review of the child's case and determination of whether to file a petition.Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. 1/1/1996.