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Senate Bill 393 |
Senate Author: West et al. |
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Effective: 9-1-13 |
House Sponsor: Lewis et al. |
Senate Bill 393 amends the Code of Criminal Procedure to authorize a judge to allow a child defendant charged with or convicted of a certain offense under municipal court jurisdiction to elect at the time of conviction to discharge the fine and costs by performing community service or receiving tutoring. A court may also waive payment of a fine or cost imposed on a defendant who defaults in payment if the court determines that the defendant was a child at the time the offense was committed and that each alternative discharge method would impose an undue hardship. The bill provides for the confidentiality of records relating to a child who received a dismissal after deferral of a disposition for a fine-only misdemeanor other than a traffic offense. Among other provisions, the bill authorizes certain courts to employ juvenile case managers to provide prevention services to at-risk juveniles and early intervention services to juveniles engaged in misconduct prior to cases being filed.
Senate Bill 393 amends the Education Code to prohibit a peace officer from issuing a citation to a child who is alleged to have committed a school offense. The bill authorizes a school district that commissions peace officers to develop a system of graduated sanctions that may be imposed before a complaint is filed against the child and sets out requirements regarding such a complaint. The bill also requires the dismissal of a truancy-related complaint or juvenile court referral that is not made in compliance with statutory referral and filing requirements.
Senate Bill 393 amends the Family Code to require a criminal court to waive original jurisdiction for a complaint against a child alleging a violation of a fine-only misdemeanor offense other than a traffic offense. The court must refer the child to juvenile court if any court has previously dismissed a complaint against the child because of a determination relating to the child's mental illness, disability, or lack of capacity. The bill authorizes a law enforcement officer authorized to take a child into custody to dispose of the case of a child accused of a Class C misdemeanor other than a traffic offense without referral to a court and adds a Class C misdemeanor other than a traffic offense to the list of offenses that may be disposed of through use of a first offender program.
Senate Bill 393 amends the Penal Code to prohibit a person younger than 10 years of age from being prosecuted for or convicted of a fine-only misdemeanor or a penal ordinance violation and to establish a rebuttable presumption that a child who is at least 10 years of age but younger than 15 years of age is incapable of committing such offenses. Finally, the bill sets out provisions regarding the dismissal of a complaint against a child with a mental illness, disability, or lack of capacity.