81R2639 KKA-D

By: Guillen H.B. No. 767

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that justice and municipal courts obtain evidence that certain minors are in compliance with mandatory school attendance requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45.057, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsections (b-1), (b-2), and (b-3) to read as follows:

(b) Except as provided by Subsection (b-3), on [On] a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 or 4.14, including a traffic offense, the court:

(1) shall enter an order under Subsection (b-1); and

(2) has jurisdiction to enter an order:

(A) [(1)] referring the child or the child's parent for services under Section 264.302, Family Code;

(B) [(2)] requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of county funds, that is approved by the county commissioners court, including a rehabilitation, counseling, self-esteem and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring program; or

(C) [(3)] requiring that the child's parent do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:

(i) [(A)] attend a parenting class or parental responsibility program; and

(ii) [(B)] attend the child's school classes or functions.

(b-1) On a finding described by Subsection (b), the court shall enter an order requiring the parent and child to provide the court, by not later than the fifth day after the date of the order, with evidence satisfactory to the court that the child is in compliance with the compulsory school attendance requirements prescribed by Section 25.085, Education Code, or is exempt from those requirements under Section 25.086, Education Code. If the court determines that the child is not in compliance with the compulsory school attendance requirements and is not exempt from those requirements, the court shall:

(1) include in the judgment an order for the parent and child to comply with Section 25.085, Education Code, and provide evidence satisfactory to the court that the child is in compliance with that section; and

(2) if the child is at least 15 years of age, order the Department of Public Safety to suspend the child's driver's license or permit or, if the child does not have a license or permit, deny the issuance of a license or permit to the child for a period specified by the court not to exceed 365 days.

(b-2) For purposes of Subsection (b-1):

(1) a summary of a child's school attendance record during the preceding six-month period signed by the school principal may be provided as evidence of the child's compliance with compulsory school attendance requirements; and

(2) written documentation indicating the basis on which a child is exempt from compulsory school attendance requirements may be provided to establish that the child is exempt.

(b-3) Subsections (b)(1) and (b-1) do not apply to a child who commits an offense under Section 25.094, Education Code.

SECTION 2. The changes in law made by this Act to Article 45.057, Code of Criminal Procedure, apply only to conduct that occurs on or after the effective date of this Act. Conduct violating the penal law of this state occurs on or after the effective date of this Act if any element of the violation occurs on or after that date. Conduct that occurs before the effective date of this Act is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.