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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of children by enforcing compulsory |
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public school attendance requirements, ensuring reports of abuse or |
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neglect, protecting children from abuse and neglect, ensuring that |
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births are reported, and prosecuting the offense of bigamy; |
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providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if during the investigation |
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of the offense biological matter is collected and subjected to |
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forensic DNA testing and the testing results show that the matter |
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does not match the victim or any other person whose identity is |
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readily ascertained; |
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(D) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; or |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1); or |
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(F) arson; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; [or] |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; or |
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(H) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) injury to a child under Section 22.04, Penal |
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Code; or |
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(B) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; or |
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(7) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. Sections 25.091(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A peace officer serving as an attendance officer has the |
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following powers and duties concerning enforcement of compulsory |
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school attendance requirements: |
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(1) to investigate each case of a violation of |
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compulsory school attendance requirements referred to the peace |
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officer; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) referring a student to a juvenile court or |
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filing a complaint against a student in a county, justice, or |
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municipal court if the student has unexcused absences for the |
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amount of time specified under Section 25.094 or under Section |
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51.03(b)(2), Family Code; and |
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(B) filing a complaint in a county, justice, or |
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municipal court against a parent who violates Section 25.093; |
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(3) to serve court-ordered legal process; |
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(4) to review school attendance records for compliance |
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by each student investigated by the officer; |
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(5) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(6) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that a peace officer may not enter |
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a residence without the permission of the parent of a student |
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required under this subchapter to attend school or of the tenant or |
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owner of the residence except to lawfully serve court-ordered legal |
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process on the parent; [and] |
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(7) to make a home visit or otherwise contact the |
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parent of a student who is the subject of an ongoing investigation |
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under Chapter 261, Family Code, and who is in violation of |
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compulsory school attendance requirements, except that a peace |
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officer may not enter a residence without the effective consent of |
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the student required under this subchapter to attend school or the |
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permission of the parent of the student or of the owner or tenant of |
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the residence except to lawfully serve court-ordered legal process |
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on the parent or to execute a search warrant; and |
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(8) to take a student into custody with the permission |
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of the student's parent or in obedience to a court-ordered legal |
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process. |
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(b) An attendance officer employed by a school district who |
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is not commissioned as a peace officer has the following powers and |
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duties with respect to enforcement of compulsory school attendance |
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requirements: |
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(1) to investigate each case of a violation of the |
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compulsory school attendance requirements referred to the |
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attendance officer; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) referring a student to a juvenile court or |
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filing a complaint against a student in a county, justice, or |
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municipal court if the student has unexcused absences for the |
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amount of time specified under Section 25.094 or under Section |
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51.03(b)(2), Family Code; and |
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(B) filing a complaint in a county, justice, or |
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municipal court against a parent who violates Section 25.093; |
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(3) to monitor school attendance compliance by each |
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student investigated by the officer; |
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(4) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(5) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that the attendance officer may not |
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enter a residence without permission of the parent or of the owner |
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or tenant of the residence; |
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(6) to make a home visit or otherwise contact the |
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parent of a student who is the subject of an ongoing investigation |
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under Chapter 261, Family Code, and who is in violation of |
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compulsory school attendance requirements, except that an |
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attendance officer may not enter a residence without the effective |
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consent of the student required under this subchapter to attend |
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school or the permission of the parent of the student or of the |
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owner or tenant of the residence except to accompany a peace officer |
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who is executing a search warrant; |
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(7) at the request of a parent, to escort a student |
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from any location to a school campus to ensure the student's |
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compliance with compulsory school attendance requirements; and |
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(8) [(7)] if the attendance officer has or is informed |
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of a court-ordered legal process directing that a student be taken |
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into custody and the school district employing the officer does not |
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employ its own police department, to contact the sheriff, |
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constable, or any peace officer to request that the student be taken |
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into custody and processed according to the legal process. |
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SECTION 3. Section 25.091(c), Education Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Effective consent" does not include consent given |
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by a person who by reason of youth is known by the person to whom |
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consent is given to be unable to make a reasonable decision. |
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SECTION 4. Section 25.093, Education Code, is amended by |
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amending Subsections (a), (c), and (g) and adding Subsection (c-1) |
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to read as follows: |
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(a) If a warning notice is issued as required by Section |
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25.095(b) [25.095(a)], the parent with criminal negligence fails to |
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require the child to attend school as required by law, and the child |
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has absences for the amount of time specified under Section 25.094, |
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the parent commits an offense. |
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(c) Except as provided by Subsection (c-1), an [An] offense |
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under Subsection (a) is a Class A [C] misdemeanor. Each day the |
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child remains out of school may constitute a separate offense. Two |
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or more offenses under Subsection (a) may be consolidated and |
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prosecuted in a single action. If the court orders deferred |
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disposition under Article 45.051, Code of Criminal Procedure, the |
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court may require the defendant to provide personal services to a |
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charitable or educational institution as a condition of the |
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deferral. |
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(c-1) If a parent has been previously convicted of an |
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offense under Subsection (a), a subsequent offense under that |
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subsection is a felony of the third degree. |
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(g) If a parent refuses to obey a court order entered under |
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this section, the court may punish the parent for contempt of court |
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under Section 21.002, Government Code. Notwithstanding Section |
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21.002(b) or (c), Government Code, the punishment for contempt of |
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court for a parent who refuses to obey a court order entered under |
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this section is a fine of not more than $1,000, confinement in the |
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county jail for not more than six months, or both a fine and |
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confinement in jail. |
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SECTION 5. Section 25.094(e), Education Code, is amended to |
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read as follows: |
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(e) An offense under this section is a Class B [C] |
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misdemeanor. |
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SECTION 6. Section 261.109(b), Family Code, is amended to |
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read as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if it is shown on the |
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trial of the offense that: |
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(1) the person committing the offense is a |
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professional as defined by Section 261.101(b); or |
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(2) the child was a person with mental retardation who |
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resided in a state supported living center, the ICF-MR component of |
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the Rio Grande State Center, or a facility licensed under Chapter |
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252, Health and Safety Code, and the actor knew that the child had |
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suffered serious bodily injury as a result of the abuse or neglect. |
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SECTION 7. Section 262.001, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) In determining the reasonable efforts, if any, that are |
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required to be made with respect to preventing or eliminating the |
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need to remove a child from the child's home or to make it possible |
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to return a child to the child's home, the child's health and safety |
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is the paramount concern. |
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(c) In making a determination under Subsection (b), the |
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court may find that based on the circumstances no reasonable |
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efforts would prevent or eliminate the need to remove a child and |
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that the department satisfied the requirements of Subsection (b) |
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even though the department made no efforts to prevent or eliminate |
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the need to remove a child. |
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SECTION 8. Section 262.1015(b), Family Code, is amended to |
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read as follows: |
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(b) A court may issue a temporary restraining order in a |
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suit by the department for the removal of an alleged perpetrator |
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under Subsection (a) if the department's petition states facts |
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sufficient to satisfy the court that: |
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(1) there is an immediate danger to the physical |
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health or safety of the child or the child has been a victim of |
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sexual abuse; |
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(2) there is no time, consistent with the physical |
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health or safety of the child, for an adversary hearing; |
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(3) the child is not in danger of abuse from a parent |
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or other adult with whom the child will continue to reside in the |
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residence of the child; [and] |
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(4) the parent or other adult with whom the child will |
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continue to reside in the child's home is likely to: |
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(A) make a reasonable effort to monitor the |
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residence; and |
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(B) report to the department and the appropriate |
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law enforcement agency any attempt by the alleged perpetrator to |
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return to the residence; and |
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(5) the issuance of the order is in the best interest |
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of the child. |
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SECTION 9. Section 262.102(b), Family Code, is amended to |
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read as follows: |
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(b) In determining whether the circumstances described by |
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Subsections (a)(1) and (2) exist [there is an immediate danger to
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the physical health or safety of a child], the court shall [may] |
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consider whether the child's household includes a person who has: |
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(1) abused or neglected another child in a manner that |
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caused serious injury to or the death of the other child; or |
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(2) sexually abused another child. |
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SECTION 10. Subchapter B, Chapter 262, Family Code, is |
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amended by adding Section 262.116 to read as follows: |
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Sec. 262.116. PROHIBITION ON ACCOMPANYING CHILD. If the |
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department takes possession of a child under this chapter by |
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removing the child from an adult entitled to possession of the |
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child, the department may not allow that adult to accompany or |
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remain with the child after the child is in the department's |
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custody. |
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SECTION 11. Section 195.004, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) Except as provided by Subsection (d-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(d-1) An offense under this section for failure to perform a |
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duty required by Section 192.003 is a Class A misdemeanor. |
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SECTION 12. Section 25.01, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) Except as provided by Subsection (f), an [An] offense |
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under this section is a felony of the third degree[, except that if
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at the time of the commission of the offense, the person whom the
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actor marries or purports to marry or with whom the actor lives
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under the appearance of being married is:
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[(1)
16 years of age or older, the offense is a felony
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of the second degree; or
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[(2)
younger than 16 years of age, the offense is a
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felony of the first degree]. |
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(f) If it is shown at the trial of the offense that at the |
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time of the commission of the offense the person whom the actor |
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marries or purports to marry or with whom the actor lives under the |
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appearance of being married is 17 years of age or younger, the |
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offense is: |
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(1) a felony of the second degree if the actor is 17 |
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years of age or younger; or |
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(2) a felony of the first degree if the actor is 18 |
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years of age or older. |
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SECTION 13. Section 25.091, Education Code, as amended by |
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this Act, applies beginning with the 2010-2011 school year. |
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SECTION 14. The changes in law made by this Act to Sections |
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25.093 and 25.094, Education Code, Section 261.109, Family Code, |
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Section 195.004, Health and Safety Code, and Section 25.01, Penal |
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Code, apply only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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SECTION 15. The change in law made by this Act to Article |
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12.01, Code of Criminal Procedure, does not apply to an offense if |
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the prosecution of that offense becomes barred by limitation before |
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the effective date of this Act. The prosecution of that offense |
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remains barred as if this Act had not taken effect. |
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SECTION 16. The change in law made by this Act to Section |
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262.1015(b), Family Code, applies only to a petition for a |
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temporary restraining order in a suit by the Department of Family |
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and Protective Services filed on or after the effective date of this |
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Act. A petition filed before the effective date of this Act is |
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governed by the law in effect on the date the petition was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2011. |