Amends TCA Title 39; Title 40 and Title 71, Chapter 6.

Present law authorizes a court to defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. For purposes of this provision, a "qualified defendant" is defined as a defendant who meets the following criteria:<br /> <br /> (1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;<br /> <br /> (2) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person's official capacity or involved the duties of the person's office;<br /> <br /> (3) Is not seeking deferral of further proceedings for a sexual offense, financial exploitation of an elderly or vulnerable person, aggravated neglect of an elderly or vulnerable adult, aggravated abuse of an elderly or vulnerable adult, sexual exploitation of an elderly or vulnerable adult, driving under the influence of an intoxicant, vehicular assault prior to service of the minimum sentence required, or a Class A or B felony;<br /> <br /> (4) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and<br /> <br /> (5) Has not previously been granted judicial diversion under this chapter or pretrial diversion.<br /> <br /> This bill adds an exception to (3), such that a healthcare provider is not prohibited from being a qualified defendant if the provider commits aggravated neglect or abuse of an elderly or vulnerable adult in the course of the provider's official duties and the offense was not committed intentionally.<br />