By Thompson H.B. No. 671 74R2647 NSC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the jurisdiction of justice and municipal courts over 1-3 certain misdemeanor offenses committed by a child and to the 1-4 punishment for those offenses. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 54.021, Family Code, is amended by 1-7 amending the heading and Subsections (a), (b), (c), (d), and (e) 1-8 and by adding Subsections (i), (j), and (k) to read as follows: 1-9 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The 1-10 juvenile court may waive its exclusive original jurisdiction and 1-11 transfer a child to an appropriate justice or municipal court, with 1-12 the permission of the justice or municipal court, for disposition 1-13 in the manner provided by Subsection (b) of this section if the 1-14 child is alleged to have engaged in conduct described in Section 1-15 51.03(b)(2) of this code. A waiver of jurisdiction under this 1-16 subsection may be for an individual case or for all cases in which 1-17 a child is alleged to have engaged in conduct described in Section 1-18 51.03(b)(2) of this code. The waiver of a juvenile court's 1-19 exclusive original jurisdiction for all cases in which a child is 1-20 alleged to have engaged in conduct described in Section 51.03(b)(2) 1-21 of this code is effective for a period of one year. 1-22 (b) A justice or municipal court may exercise jurisdiction 1-23 over a child alleged to have engaged in conduct indicating a need 1-24 for supervision by engaging in conduct described in Section 2-1 51.03(b)(2) in a case where the juvenile court has waived its 2-2 original jurisdiction under this section. A justice or municipal 2-3 court may exercise jurisdiction under this section without regard 2-4 to whether the justice of the peace or municipal judge for the 2-5 court is a licensed attorney or the hearing for a case is before a 2-6 jury consisting of six persons. 2-7 (c) On a finding that a child has engaged in conduct 2-8 described by Section 51.03(b)(2), the justice or municipal court 2-9 shall enter an order appropriate to the nature of the conduct. 2-10 (d) On a finding by the justice or municipal court that the 2-11 child has engaged in truant conduct and that the conduct is of a 2-12 recurrent nature, the court may enter an order that includes one or 2-13 more of the following provisions requiring that: 2-14 (1) the child attend a preparatory class for the high 2-15 school equivalency examination provided under Section 11.35, 2-16 Education Code, if the court determines that the child is too old 2-17 to do well in a formal classroom environment; 2-18 (2) the child attend a special program that the court 2-19 determines to be in the best interests of the child, including an 2-20 alcohol and drug abuse program; 2-21 (3) the child and the child's parents, managing 2-22 conservator, or guardian attend a class for students at risk of 2-23 dropping out of school designed for both the child and the child's 2-24 parents, managing conservator, or guardian; 2-25 (4) the child complete reasonable community service 2-26 requirements; 2-27 (5) the child's driver's license be suspended in the 3-1 manner provided by Section 54.042 of this code; 3-2 (6) the child attend school without unexcused 3-3 absences; or 3-4 (7) the child participate in a tutorial program 3-5 provided by the school attended by the child in the academic 3-6 subjects in which the child is enrolled for a total number of hours 3-7 ordered by the court. 3-8 (e) An order under Subsection (d) or (i) of this section is 3-9 enforceable in the justice or municipal court by contempt. 3-10 (i) On a finding by a justice or municipal court that the 3-11 child has engaged in truant conduct and that the conduct is of a 3-12 recurrent nature, the court may enter an order that includes one or 3-13 more of the following provisions, in addition to the provisions 3-14 listed under Subsection (d), requiring that: 3-15 (1) the child attend a special program that the court 3-16 determines to be in the best interest of the child and that is 3-17 approved by the county commissioners court, including a house 3-18 arrest, electronic monitoring, wilderness survival training, 3-19 temporary shock detention, intensive probation supervision, 3-20 mentoring, or temporary group home program; 3-21 (2) the child's parents, managing conservator, or 3-22 guardian attend a parenting class or parental responsibility 3-23 program, if the court finds the parent, managing conservator, or 3-24 guardian, by wilful act or omission, contributed to, caused, or 3-25 encouraged the child's conduct; or 3-26 (3) the child and the child's parents, managing 3-27 conservator, or guardian attend the child's school classes or 4-1 functions, if the court finds the parent, managing conservator, or 4-2 guardian, by wilful act or omission, contributed to, caused, or 4-3 encouraged the child's conduct. 4-4 (j) The justice or municipal court may order the parents, 4-5 managing conservator, or guardian of a child required to attend a 4-6 program under Subsection (d) or (i) to pay an amount not greater 4-7 than $100 to pay for the costs of the program. 4-8 (k) A justice or municipal court may require a child, 4-9 parent, managing conservator, or guardian required to attend a 4-10 program, class, or function under this section to submit proof of 4-11 attendance to the court. 4-12 SECTION 2. Chapter 54, Family Code, is amended by adding 4-13 Section 54.022 to read as follows: 4-14 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN 4-15 MISDEMEANORS. (a) On a finding by a justice or municipal court 4-16 that a child committed a misdemeanor offense punishable by fine 4-17 only other than a traffic offense or public intoxication or 4-18 committed a violation of a penal ordinance of a political 4-19 subdivision other than a traffic offense, the court may enter an 4-20 order requiring that the child attend a special program that the 4-21 court determines to be in the best interest of the child and that 4-22 is approved by the county commissioners court, including a 4-23 rehabilitation, counseling, self-esteem and leadership, work and 4-24 job skills training, job interviewing and work preparation, 4-25 self-improvement, parenting, manners, violence avoidance, tutoring, 4-26 sensitivity training, parental responsibility, community service, 4-27 or restitution program. 5-1 (b) On a finding by a justice or municipal court that a 5-2 child committed an offense described by Subsection (a) and that the 5-3 child has previously been convicted of an offense described by 5-4 Subsection (a), the court may enter an order that includes one or 5-5 more of the following provisions, in addition to the provisions 5-6 under Subsection (a), requiring that: 5-7 (1) the child attend a special program that the court 5-8 determines to be in the best interest of the child and that is 5-9 approved by the county commissioners court, including a house 5-10 arrest, electronic monitoring, wilderness survival training, 5-11 temporary shock detention, intensive probation supervision, 5-12 mentoring, or temporary group home program; 5-13 (2) the child's parents, managing conservator, or 5-14 guardian attend a parenting class or parental responsibility 5-15 program, if the court finds the parent, managing conservator, or 5-16 guardian, by wilful act or omission, contributed to, caused, or 5-17 encouraged the child's conduct; or 5-18 (3) the child and the child's parents, managing 5-19 conservator, or guardian attend the child's school classes or 5-20 functions, if the court finds the parent, managing conservator, or 5-21 guardian, by wilful act or omission, contributed to, caused, or 5-22 encouraged the child's conduct. 5-23 (c) The justice or municipal court may order the parents, 5-24 managing conservator, or guardian of a child required to attend a 5-25 program under Subsection (a) or (b) to pay an amount not greater 5-26 than $100 to pay for the costs of the program. 5-27 (d) A justice or municipal court may require a child, 6-1 parent, managing conservator, or guardian required to attend a 6-2 program, class, or function under this section to submit proof of 6-3 attendance to the court. 6-4 (e) A justice or municipal court shall endorse on the 6-5 summons issued to a parent, managing conservator, or guardian of 6-6 the child who is the subject of a hearing under this section an 6-7 order directing the parent, managing conservator, or guardian to 6-8 appear personally at the hearing with the child. 6-9 (f) An order under this section is enforceable by the 6-10 justice or municipal court by contempt. 6-11 SECTION 3. (a) The change in law made by this Act applies 6-12 only to conduct violating a penal law that occurs on or after the 6-13 effective date of this Act. For purposes of this section, conduct 6-14 violating a penal law occurs before the effective date of this Act 6-15 if any element of the violation occurs before the effective date. 6-16 (b) Conduct violating a penal law that occurs before the 6-17 effective date of this Act is covered by the law in effect when the 6-18 conduct occurred, and the former law is continued in effect for 6-19 that purpose. 6-20 SECTION 4. This Act takes effect September 1, 1995. 6-21 SECTION 5. The importance of this legislation and the 6-22 crowded condition of the calendars in both houses create an 6-23 emergency and an imperative public necessity that the 6-24 constitutional rule requiring bills to be read on three several 6-25 days in each house be suspended, and this rule is hereby suspended.