New law allows minors to divert Class C misdemeanors into diversion plan

EL PASO, Texas (KTSM) — House Bill 3186 went into effect at the beginning of the year. This new law creates an alternative to fines for minors charged with Class C misdemeanors.

HB 3186 applies to minors with petty offenses and possession of alcohol, it gives minors the chance to enroll in a diversion program ranging from community service and mental health treatments.

“There’s special diversionary programs in which the child can participate in and upon successful completion, get the case dismissed,” Omar Carmona, attorney at law said.

If a minor is eligible for a diversion plan, the minor is only allowed the program once every 365 days.

“Maybe the child has some drug issues that need to be addressed. Also, there’s a mental health component. A child can be examined for any mental health issues and a lot of these kids in our community are, you know, undiagnosed and that’s very concerning,” Carmona said.

Carmona told KTSM he felt that it’s important that we give children a chance to get these cases resolved in a favorable manner.

He also said that many people don’t realize how a Class C misdemeanor could affect a minor from getting a job, scholarships, loans and financial assistance.

“I have always believed that once a child commits any sort of offense, you know, the punishment should come on the front, front end. If you let too much time pass, there really is no point in punishing the child,” Carmona said.

Carmona told KTSM he hopes that this information gets forwarded to the school district’s and the parents, he would hate to see parents just pay these fines assuming it clears their child’s record.

For the latest news, weather, sports, and streaming video, head to KTSM 9 News.