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  83R7198 ADM-F
 
  By: West S.B. No. 393
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the deferral of prosecution of children accused of
  certain Class C misdemeanors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 45.056(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  On approval of the commissioners court, city council,
  school district board of trustees, juvenile board, or other
  appropriate authority, a county court, justice court, municipal
  court, school district, juvenile probation department, or other
  appropriate governmental entity may[:
               [(1)]  employ a case manager or agree, in accordance
  with Chapter 791, Government Code, to jointly employ a case manager
  to provide services in cases involving juvenile offenders who are:
               (1)  before a court consistent with the court's
  statutory powers; or
               (2)  referred to the case manager by a school
  administrator or designee before a complaint is filed with a court
  for a school offense, as defined by Section 37.141, Education Code,
  that would otherwise be within the court's jurisdiction, if the
  juvenile offender and the juvenile offender's parent or guardian
  consent to the referral to the [agree in accordance with Chapter
  791, Government Code, to jointly employ a] case manager.
         (c)  A county or justice court on approval of the
  commissioners court or a municipality or municipal court on
  approval of the city council may employ one or more juvenile case
  managers to:
               (1)  assist the court in administering the court's
  juvenile docket and in supervising its court orders in juvenile
  cases; and
               (2)  provide prevention and early intervention
  services, with the consent of the juveniles and the juveniles'
  parents or guardians, to juveniles considered at-risk of dropping
  out of school and referred to the case manager by school
  administrators before cases are filed with the court for alleged
  Class C misdemeanors, other than traffic offenses.
         SECTION 2.  Section 25.0915, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A court shall dismiss a complaint or referral made by a
  school district under this section that is not made in compliance
  with Subsection (b).
         SECTION 3.  Section 37.081(b), Education Code, is amended to
  read as follows:
         (b)  In a peace officer's jurisdiction, a peace officer
  commissioned under this section:
               (1)  has the powers, privileges, and immunities of
  peace officers;
               (2)  may enforce all laws, including municipal
  ordinances, county ordinances, and state laws; [and]
               (3)  may, in accordance with Chapter 52, Family Code,
  take a juvenile into custody; and
               (4)  may dispose of cases in accordance with Section
  52.03 or 52.031, Family Code.
         SECTION 4.  Chapter 37, Education Code, is amended by adding
  Subchapter E-1 to read as follows:
  SUBCHAPTER E-1.  PROGRESSIVE SANCTIONS FOR CERTAIN
  MISDEMEANOR OFFENSES
         Sec. 37.141.  DEFINITIONS. In this subchapter:
               (1)  "Child" means a person who is:
                     (A)  younger than 17 years of age; and
                     (B)  not married, divorced, or widowed.
               (2)  "School offense" means an offense committed by a
  child enrolled in a public school that is:
                     (A)  a Class C misdemeanor under Section 42.01,
  Penal Code, and is committed on property under the control and
  jurisdiction of a school district; or
                     (B)  an offense under Section 37.124 or 37.126.
         Sec. 37.142.  CONFLICT OF LAW. To the extent of any
  conflict, this subchapter controls over any other law applied to a
  school offense alleged to have been committed by a child.
         Sec. 37.143.  CITATION PROHIBITED; CUSTODY OF CHILD. (a)  A
  peace officer may not issue a citation to a child who is alleged to
  have committed a school offense.
         (b)  This subchapter does not prohibit a child from being
  taken into custody under Section 52.01, Family Code.
         Sec. 37.144.  PROGRESSIVE SANCTIONS. (a)  Before filing a
  complaint under Section 37.145 against a child alleging the
  commission of a school offense, a school district employee shall
  impose progressive sanctions on the child. Under the progressive
  sanctions, the employee may:
               (1)  issue a warning letter to the child and the child's
  parent or guardian that specifically states the child's alleged
  school offense and explains the consequences if the child engages
  in additional misconduct;
               (2)  impose:
                     (A)  a behavior contract on the child that must be
  signed by the child, the child's parent or guardian, and an employee
  of the school and that includes:
                           (i)  a specific description of the behavior
  that is required or prohibited for the child;
                           (ii)  the period for which the contract will
  be effective, not to exceed 45 school days after the date the
  contract becomes effective; and
                           (iii)  the penalties for additional alleged
  school offenses, including additional disciplinary action or the
  filing of a complaint in a criminal court; and
                     (B)  school-based community service; or
               (3)  refer the child to counseling, community-based
  services, or other in-school or out-of-school services aimed at
  addressing the child's behavioral problems.
         (b)  A referral made under Subsection (a)(3) may include
  participation by the child's parent or guardian if necessary.
         Sec. 37.145.  COMPLAINT. If a child fails to comply with or
  complete progressive sanctions under Section 37.144, the school may
  file a complaint against the child with a criminal court in
  accordance with Section 37.146.
         Sec. 37.146.  REQUISITES OF COMPLAINT. (a)  A complaint
  alleging the commission of a school offense must, in addition to the
  requirements imposed by Article 45.019, Code of Criminal Procedure:
               (1)  be sworn to by a person who has personal knowledge
  of the underlying facts giving rise to probable cause to believe
  that an offense has been committed; and
               (2)  be accompanied by a statement from a school
  employee stating:
                     (A)  whether the child is eligible for or receives
  special services under Subchapter A, Chapter 29; and
                     (B)  the progressive sanctions that were imposed
  on the child before the complaint was filed.
         (b)  After a complaint has been filed under this subchapter,
  a summons may be issued under Articles 23.04 and 45.057(e), Code of
  Criminal Procedure.
         SECTION 5.  The heading to Chapter 52, Family Code, is
  amended to read as follows:
  CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO
  [JUVENILE] COURT
         SECTION 6.  Section 52.03(a), Family Code, is amended to
  read as follows:
         (a)  A law-enforcement officer authorized by this title to
  take a child into custody may dispose of the case of a child taken
  into custody without referral to juvenile court or the case of a
  child accused of a Class C misdemeanor other than a traffic offense
  without filing a complaint with a criminal court, if:
               (1)  guidelines for such disposition have been adopted
  by the juvenile board of the county in which the disposition is made
  as required by Section 52.032;
               (2)  the disposition is authorized by the guidelines;
  and
               (3)  the officer makes a written report of the officer's
  disposition to the law-enforcement agency, identifying the child
  and specifying the grounds for believing that the taking into
  custody was authorized or the accusation of criminal conduct was
  legitimate.
         SECTION 7.  Section 52.031, Family Code, is amended by
  adding Subsection (a-1) and amending Subsections (d), (f), (i), and
  (j) to read as follows:
         (a-1)  A child accused of a Class C misdemeanor, other than a
  traffic offense, may be referred to a first offender program
  established under this section prior to the filing of a complaint
  with a criminal court.
         (d)  A law enforcement officer taking a child into custody
  for conduct described by Subsection (a) or before issuing a
  citation to a child for an offense described by Subsection (a-1)
  may refer the child to the law enforcement officer or agency
  designated under Subsection (b) for disposition under the first
  offender program and not refer the child to juvenile court for the
  conduct or file a complaint with a criminal court for the offense
  only if:
               (1)  the child has not previously been adjudicated as
  having engaged in delinquent conduct;
               (2)  the referral complies with guidelines for
  disposition under Subsection (c); and
               (3)  the officer reports in writing the referral to the
  agency, identifying the child and specifying the grounds for taking
  the child into custody or for accusing the child of an offense.
         (f)  The parent, guardian, or other custodian of the child
  must receive notice that the child has been referred for
  disposition under the first offender program. The notice must:
               (1)  state the grounds for taking the child into
  custody for conduct described by Subsection (a), or for accusing
  the child of an offense described by Subsection (a-1);
               (2)  identify the law enforcement officer or agency to
  which the child was referred;
               (3)  briefly describe the nature of the program; and
               (4)  state that the child's failure to complete the
  program will result in the child being referred to the juvenile
  court for the conduct or a complaint being filed with a criminal
  court for the offense.
         (i)  The case of a child who successfully completes the first
  offender program is closed and may not be referred to juvenile court
  or filed with a criminal court, unless the child is taken into
  custody under circumstances described by Subsection (j)(3).
         (j)  The case of a child referred for disposition under the
  first offender program shall be referred to juvenile court or, if
  the child is accused of an offense described by Subsection (a-1),
  filed with a criminal court if:
               (1)  the child fails to complete the program;
               (2)  the child or the parent, guardian, or other
  custodian of the child terminates the child's participation in the
  program before the child completes it; or
               (3)  the child completes the program but is taken into
  custody under Section 52.01 before the 90th day after the date the
  child completes the program for conduct other than the conduct for
  which the child was referred to the first offender program.
         SECTION 8.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is covered
  by the law in effect at the time the offense was committed, and the
  former law is continued in effect for that purpose. For the
  purposes of this section, an offense is committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 9.  This Act takes effect September 1, 2013.