By Sadler H.B. No. 2867
77R7955 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain offenses occurring on school property or at a
1-3 school-sponsored or school-related activity as conduct indicating a
1-4 need for supervision in certain counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.03, Family Code, is amended by amending
1-7 Subsection (f) and adding Subsection (g) to read as follows:
1-8 (f) Except as provided by Subsection (g), conduct [Conduct]
1-9 described under Subsection (b)(1) [of this section], other than
1-10 conduct that violates Section 49.02, Penal Code, prohibiting public
1-11 intoxication, does not constitute conduct indicating a need for
1-12 supervision unless the child has been referred to the juvenile
1-13 court under Section 51.08(b) [of this code].
1-14 (g) In a county with a population of less than 100,000,
1-15 conduct described by Subsection (b)(1)(A) is conduct indicating a
1-16 need for supervision if the conduct occurs on school property or at
1-17 a school-sponsored or school-related activity on or off of school
1-18 property.
1-19 SECTION 2. Section 51.08, Family Code, is amended to read as
1-20 follows:
1-21 Sec. 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the
1-22 defendant in a criminal proceeding is a child who is charged with
1-23 an offense other than perjury, a traffic offense, a misdemeanor
1-24 punishable by fine only other than public intoxication or conduct
2-1 occurring under circumstances described by Section 51.03(g), or a
2-2 violation of a penal ordinance of a political subdivision, unless
2-3 the child [he] has been transferred to criminal court under Section
2-4 54.02 [of this code], the court exercising criminal jurisdiction
2-5 shall transfer the case to the juvenile court, together with a copy
2-6 of the accusatory pleading and other papers, documents, and
2-7 transcripts of testimony relating to the case, and shall order that
2-8 the child be taken to the place of detention designated by the
2-9 juvenile court, or shall release the child [him] to the custody of
2-10 the child's [his] parent, guardian, or custodian, to be brought
2-11 before the juvenile court at a time designated by that court.
2-12 (b) A court in which there is pending a complaint against a
2-13 child alleging a violation of a misdemeanor offense punishable by
2-14 fine only other than a traffic offense or public intoxication or
2-15 conduct occurring under circumstances described by Section 51.03(g)
2-16 or a violation of a penal ordinance of a political subdivision
2-17 other than a traffic offense:
2-18 (1) shall waive its original jurisdiction and refer a
2-19 child to juvenile court if the child has previously been convicted
2-20 of:
2-21 (A) two or more misdemeanors punishable by fine
2-22 only other than a traffic offense or public intoxication;
2-23 (B) two or more violations of a penal ordinance
2-24 of a political subdivision other than a traffic offense; or
2-25 (C) one or more of each of the types of
2-26 misdemeanors described in Paragraph (A) or (B) [of this
2-27 subdivision]; and
3-1 (2) may waive its original jurisdiction and refer a
3-2 child to juvenile court if the child:
3-3 (A) has not previously been convicted of a
3-4 misdemeanor punishable by fine only other than a traffic offense or
3-5 public intoxication or conduct occurring under circumstances
3-6 described by Section 51.03(g) or a violation of a penal ordinance
3-7 of a political subdivision other than a traffic offense; or
3-8 (B) has previously been convicted of fewer than
3-9 two misdemeanors punishable by fine only other than a traffic
3-10 offense or public intoxication or conduct occurring under
3-11 circumstances described by Section 51.03(g) or two violations of a
3-12 penal ordinance of a political subdivision other than a traffic
3-13 offense.
3-14 (c) A court in which there is pending a complaint against a
3-15 child alleging a violation of a misdemeanor offense punishable by
3-16 fine only other than a traffic offense or public intoxication or
3-17 conduct occurring under circumstances described by Section 51.03(g)
3-18 or a violation of a penal ordinance of a political subdivision
3-19 other than a traffic offense shall notify the juvenile court of the
3-20 county in which the court is located of the pending complaint and
3-21 shall furnish to the juvenile court a copy of the final disposition
3-22 of any matter for which the court does not waive its original
3-23 jurisdiction under Subsection (b) [of this section].
3-24 SECTION 3. Section 52.027(a), Family Code, is amended to read
3-25 as follows:
3-26 (a) A child may be released to the child's parent, guardian,
3-27 custodian, or other responsible adult as provided in Section
4-1 52.02(a)(1) if the child is taken into custody:
4-2 (1) for an offense that a justice or municipal court
4-3 has jurisdiction of under Article 4.11 or 4.14, Code of Criminal
4-4 Procedure, other than public intoxication or conduct occurring
4-5 under circumstances described by Section 51.03(g); or
4-6 (2) as a status offender or nonoffender.
4-7 SECTION 4. Section 54.022(a), Family Code, is amended to read
4-8 as follows:
4-9 (a) On a finding by a justice or municipal court that a
4-10 child committed an offense that the court has jurisdiction of under
4-11 Article 4.11 or 4.14, Code of Criminal Procedure, other than a
4-12 traffic offense or public intoxication or conduct occurring under
4-13 circumstances described by Section 51.03(g), the court has
4-14 jurisdiction to enter an order:
4-15 (1) referring the child or the child's parents,
4-16 managing conservators, or guardians for services under Section
4-17 264.302;
4-18 (2) requiring that the child attend a special program
4-19 that the court determines to be in the best interest of the child
4-20 and, if the program involves the expenditure of county funds, that
4-21 is approved by the county commissioners court, including a
4-22 rehabilitation, counseling, self-esteem and leadership, work and
4-23 job skills training, job interviewing and work preparation,
4-24 self-improvement, parenting, manners, violence avoidance, tutoring,
4-25 sensitivity training, parental responsibility, community service,
4-26 restitution, advocacy, or mentoring program; or
4-27 (3) if the court finds the parent, managing
5-1 conservator, or guardian, by act or omission, contributed to,
5-2 caused, or encouraged the child's conduct, requiring that the
5-3 child's parent, managing conservator, or guardian do any act or
5-4 refrain from doing any act that the court determines will increase
5-5 the likelihood that the child will comply with the orders of the
5-6 court and that is reasonable and necessary for the welfare of the
5-7 child, including:
5-8 (A) attend a parenting class or parental
5-9 responsibility program; and
5-10 (B) attend the child's school classes or
5-11 functions.
5-12 SECTION 5. This Act takes effect September 1, 2001, and
5-13 applies only to conduct that occurs on or after that date. Conduct
5-14 that occurs before the effective date of this Act is covered by the
5-15 law in effect at the time the conduct occurred, and the former law
5-16 is continued in effect for that purpose. For purposes of this
5-17 section, conduct violating a penal law of the state occurred before
5-18 the effective date of this Act if any element of the violation
5-19 occurred before that date.