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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of law-enforcement officers to escort a |
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child to a school campus to ensure the child's compliance with |
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compulsory school attendance requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.01, Family Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) A law-enforcement officer who has probable cause to |
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believe that a child is engaging in conduct indicating a need for |
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supervision for truancy under Section 51.03(b)(2) and who, as a |
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result of that belief, issues a warning notice to the child may |
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escort the child to the school campus of the child to ensure the |
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child's compliance with compulsory school attendance requirements. |
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SECTION 2. Section 52.02, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Except as otherwise provided by this section |
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[Subsection (c)], a person taking a child into custody, without |
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unnecessary delay and without first taking the child to any place |
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other than a juvenile processing office designated under Section |
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52.025, shall do one of the following: |
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(1) release the child to a parent, guardian, custodian |
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of the child, or other responsible adult upon that person's promise |
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to bring the child before the juvenile court as requested by the |
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court; |
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(2) bring the child before the office or official |
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designated by the juvenile board if there is probable cause to |
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believe that the child engaged in delinquent conduct, conduct |
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indicating a need for supervision, or conduct that violates a |
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condition of probation imposed by the juvenile court; |
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(3) bring the child to a detention facility designated |
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by the juvenile board; |
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(4) bring the child to a secure detention facility as |
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provided by Section 51.12(j); |
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(5) bring the child to a medical facility if the child |
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is believed to suffer from a serious physical condition or illness |
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that requires prompt treatment; or |
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(6) dispose of the case under Section 52.03. |
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(e) A law-enforcement officer who has probable cause to |
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believe that a child is engaging in conduct indicating a need for |
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supervision for truancy under Section 51.03(b)(2) and who, as a |
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result of that belief, takes the child into custody may, before |
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complying with Subsection (a), escort the child to the school |
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campus of the child to ensure the child's compliance with |
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compulsory school attendance requirements. |
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SECTION 3. Section 25.091(a), Education Code, is amended to |
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read as follows: |
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(a) A peace officer serving as an attendance officer has the |
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following powers and duties concerning enforcement of compulsory |
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school attendance requirements: |
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(1) to investigate each case of a violation of |
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compulsory school attendance requirements referred to the peace |
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officer; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) referring a student to a juvenile court or |
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filing a complaint against a student in a county, justice, or |
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municipal court if the student has unexcused absences for the |
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amount of time specified under Section 25.094 or under Section |
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51.03(b)(2), Family Code; and |
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(B) filing a complaint in a county, justice, or |
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municipal court against a parent who violates Section 25.093; |
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(3) to serve court-ordered legal process; |
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(4) to review school attendance records for compliance |
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by each student investigated by the officer; |
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(5) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(6) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that a peace officer may not enter |
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a residence without the permission of the parent of a student |
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required under this subchapter to attend school or of the tenant or |
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owner of the residence except to lawfully serve court-ordered legal |
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process on the parent; [and] |
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(7) to take a student into custody with the permission |
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of the student's parent or in obedience to a court-ordered legal |
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process; and |
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(8) at the request of a parent, to escort a student |
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from any location to a school campus to ensure the student's |
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compliance with compulsory school attendance requirements. |
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SECTION 4. (a) This Act applies only to conduct that occurs |
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on or after the effective date of this Act. Conduct violating the |
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penal law of this state occurs on or after the effective date of |
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this Act if any element of the violation occurs on or after that |
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date. |
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(b) Conduct that occurs before the effective date of this |
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Act is governed by the law in effect at the time the conduct |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |