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Senate Bill 1114 |
Senate Author: Whitmire et al. |
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Effective: 9-1-13 |
House Sponsor: Herrero |
Senate Bill 1114 amends the Code of Criminal Procedure to require a law enforcement officer who issues a citation to or files a complaint for conduct by a child 12 years of age or older that is alleged to have occurred on school property or on a vehicle owned or operated by a county or independent school district to submit to the court the offense report, a witness statement, and a statement by a victim of the alleged conduct, if any, and to prohibit an attorney representing the state from proceeding in a trial of an offense unless the officer complied with that requirement. The bill prohibits a law enforcement officer from issuing a citation or filing a complaint for that type of conduct by a child younger than 12 years of age.
Senate Bill 1114 amends the Education Code to require a court to dismiss a truancy‑related complaint or referral made by a school district that does not comply with statutory referral and filing requirements. The bill requires a school district student code of conduct to specify the circumstances under which a student may be removed from a vehicle owned or operated by the district and to provide methods for managing students on such a vehicle appropriate for each grade level, removes the requirement that a school district peace officer perform administrative duties for the applicable district, and clarifies a peace officer's authority to take a child into custody for certain offenses. The bill requires the chief of police of a school district police department to report solely to the superintendent, rather than to the superintendent or the superintendent's designee. The bill prohibits the issuance of a warrant for the arrest of a person for a Class C misdemeanor under the Education Code committed when the person was younger than 17 years of age and exempts a primary or secondary grade student enrolled in a school from the offenses of disruption of classes or other school activities and disruption of transportation.
Senate Bill 1114 amends the Family Code to authorize the referral of a child accused of a Class C misdemeanor other than a traffic offense to a first offender program prior to the filing of a complaint with a criminal court and to update first offender program provisions to reflect that authorization. The bill amends the Penal Code to include a public school campus or the school grounds on which a public school is located among the public places to which the offense of disorderly conduct applies.