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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain misdemeanor offenses |
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committed by children and to school district law enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.056(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) On approval of the commissioners court, city council, |
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school district board of trustees, juvenile board, or other |
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appropriate authority, a county court, justice court, municipal |
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court, school district, juvenile probation department, or other |
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appropriate governmental entity may[:
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[(1)] employ a case manager or agree, in accordance |
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with Chapter 791, Government Code, to jointly employ a case manager |
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to provide services in cases involving juvenile offenders who are: |
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(1) before a court consistent with the court's |
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statutory powers; or |
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(2) referred to the case manager by a school |
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administrator or designee before a complaint is filed with a court |
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for a school offense, as defined by Section 37.141, Education Code, |
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that would otherwise be within the court's jurisdiction, if the |
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juvenile offender and the juvenile offender's parent or guardian |
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consent to the referral to the [agree in accordance with Chapter
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791, Government Code, to jointly employ a] case manager. |
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(c) A county or justice court on approval of the |
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commissioners court or a municipality or municipal court on |
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approval of the city council may employ one or more juvenile case |
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managers to: |
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(1) assist the court in administering the court's |
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juvenile docket and in supervising its court orders in juvenile |
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cases; and |
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(2) provide intervention services, with the consent of |
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the juveniles and the juveniles' parents or guardians, to juveniles |
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considered at-risk of entering the juvenile justice system and |
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referred to the case manager by school administrators before cases |
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are filed with the court for alleged Class C misdemeanors, other |
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than traffic offenses. |
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SECTION 2. Section 25.0915, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A court shall dismiss a complaint or referral made by a |
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school district under this section that is not made in compliance |
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with Subsection (b). |
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SECTION 3. Chapter 37, Education Code, is amended by adding |
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Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. PROGRESSIVE SANCTIONS FOR CERTAIN |
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MISDEMEANOR OFFENSES |
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Sec. 37.141. DEFINITIONS. In this subchapter: |
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(1) "Child" means a person who is: |
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(A) younger than 17 years of age; and |
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(B) not married, divorced, or widowed. |
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(2) "School offense" means an offense committed by a |
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child enrolled in a public school that is: |
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(A) a Class C misdemeanor, other than a traffic |
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offense, that is committed while the child is: |
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(i) on the grounds of the school in which |
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the child is enrolled; or |
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(ii) a passenger in a vehicle that is under |
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the control and jurisdiction of the school district that operates |
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the school in which the child is enrolled; or |
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(B) an offense under Section 25.094, 37.124, or |
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37.126. |
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Sec. 37.142. CONFLICT OF LAW. To the extent of any |
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conflict, this subchapter controls over any other law applied to a |
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school offense alleged to have been committed by a child. |
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Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A |
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peace officer may not issue a citation to a child who is alleged to |
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have committed a school offense. |
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(b) This subchapter does not prohibit a child from being |
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taken into custody under Section 52.01, Family Code. |
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Sec. 37.144. PROGRESSIVE SANCTIONS. (a) Before filing a |
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complaint under Section 37.145 against a child alleging the |
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commission of a school offense, a school district employee shall |
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impose progressive sanctions on the child. Under the progressive |
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sanctions, the employee shall: |
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(1) issue a warning letter to the child and the child's |
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parent or guardian that specifically states the child's alleged |
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school offense and explains the consequences if the child engages |
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in additional misconduct; or |
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(2) impose a behavior contract on the child that must: |
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(A) be signed by the child, the child's parent or |
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guardian, and an employee of the school; and |
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(B) include: |
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(i) a specific description of the behavior |
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that is required or prohibited for the child; |
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(ii) the period for which the contract will |
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be effective, not to exceed 45 school days after the date the |
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contract becomes effective; and |
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(iii) the penalties for additional alleged |
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school offenses, including additional disciplinary action or the |
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filing of a complaint in a criminal court. |
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(b) In addition to the progressive sanctions imposed under |
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Subsection (a), the school may refer the child to services which may |
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include: |
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(1) school-based community service; and |
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(2) counseling, community-based services, or other |
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in-school or out-of-school services aimed at addressing the child's |
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behavioral problems. |
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(c) A referral made under Subsection (b) may include |
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participation by the child's parent or guardian if necessary. |
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Sec. 37.145. COMPLAINT. (a) If a child fails to comply |
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with or complete progressive sanctions under Section 37.144, the |
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school may file a complaint against the child with a criminal court |
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in accordance with Section 37.146. |
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(b) Notwithstanding Section 37.144(a), a school may file a |
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complaint alleging the commission of a school offense with a |
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criminal court in accordance with Section 37.146 against a child if |
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the school has imposed progressive sanctions on the child for three |
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or more previous school offenses committed during the same semester |
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as the current school offense. |
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Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint |
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alleging the commission of a school offense must, in addition to the |
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requirements imposed by Article 45.019, Code of Criminal Procedure: |
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(1) be sworn to by a person who has personal knowledge |
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of the underlying facts giving rise to probable cause to believe |
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that an offense has been committed; and |
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(2) be accompanied by a statement from a school |
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employee stating: |
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(A) whether the child is eligible for or receives |
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special services under Subchapter A, Chapter 29; and |
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(B) the progressive sanctions that were imposed |
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on the child before the complaint was filed. |
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(b) After a complaint has been filed under this subchapter, |
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a summons may be issued under Articles 23.04 and 45.057(e), Code of |
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Criminal Procedure. |
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SECTION 4. Section 37.081(f), Education Code, is amended to |
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read as follows: |
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(f) The chief of police of the school district police |
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department shall be accountable to the superintendent and shall |
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report to the superintendent [or the superintendent's designee]. |
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School district police officers shall be supervised by the chief of |
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police of the school district or the chief of police's designee and |
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shall be licensed by the Commission on Law Enforcement Officer |
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Standards and Education. |
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SECTION 5. Section 8.07, Penal Code, is amended by adding |
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Subsections (d) and (e) to read as follows: |
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(d) Notwithstanding Subsection (a), a person may not be |
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prosecuted for or convicted of an offense described by Subsection |
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(a)(4) or (5) that the person committed when younger than 12 years |
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of age. |
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(e) A person who is at least 12 years of age but younger than |
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15 years of age is presumed incapable of committing an offense |
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described by Subsection (a)(4) or (5). This presumption may be |
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refuted if the prosecution proves to the court by a preponderance of |
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the evidence that the actor had sufficient capacity to understand |
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that the conduct engaged in was wrong at the time the conduct was |
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engaged in. The prosecution is not required to prove that the actor |
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at the time of engaging in the conduct knew that the act was a |
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criminal offense or knew the legal consequences of the offense. |
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SECTION 6. Section 42.01, Penal Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) For purposes of Subsection (a), the term "public |
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place" includes a public school campus or the school grounds on |
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which a public school is located. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2013. |