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A BILL TO BE ENTITLED
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AN ACT
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relating to educational, juvenile justice, and criminal justice |
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responses to truancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (b), (c), (d), and (d-1), |
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Section 25.094, Education Code, are amended to read as follows: |
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(a) An individual commits an offense if the individual: |
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(1) is 12 years of age or older and younger than 18 |
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years of age; |
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(2) is required to attend school under Section 25.085; |
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and |
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(3) [(2)] fails to attend school on 10 or more days or |
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parts of days within a six-month period in the same school year or |
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on three or more days or parts of days within a four-week period. |
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(b) An offense under this section may be prosecuted in: |
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(1) the constitutional county court of the county in |
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which the individual resides or in which the school is located, if |
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the county has a population of two million or more; or |
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(2) a justice court of any precinct in the county in |
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which the individual resides or in which the school is located[; or
|
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[(3)
a municipal court in the municipality in which
|
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the individual resides or in which the school is located]. |
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(c) On a finding by the county or[,] justice[, or municipal] |
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court that the individual has committed an offense under Subsection |
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(a) or on a finding by a juvenile court in a county with a population |
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of less than 100,000 that the individual has engaged in conduct that |
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violates Subsection (a), the court may enter an order that includes |
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one or more of the requirements listed in Article 45.054, Code of |
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Criminal Procedure[, as added by Chapter 1514, Acts of the 77th
|
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Legislature, Regular Session, 2001]. |
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(d) If the county or[,] justice[, or municipal] court |
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believes that a child has violated an order issued under Subsection |
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(c), the court may proceed as authorized by Article 45.050, Code of |
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Criminal Procedure. |
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(d-1) Pursuant to an order of the county or[,] justice[, or
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municipal] court based on an affidavit showing probable cause to |
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believe that an individual has committed an offense under this |
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section, a peace officer may take the individual into custody. A |
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peace officer taking an individual into custody under this |
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subsection shall: |
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(1) promptly notify the individual's parent, guardian, |
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or custodian of the officer's action and the reason for that action; |
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and |
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(2) without unnecessary delay: |
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(A) release the individual to the individual's |
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parent, guardian, or custodian or to another responsible adult, if |
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the person promises to bring the individual to the county or[,] |
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justice[, or municipal] court as requested by the court; or |
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(B) bring the individual to a county or[,] |
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justice[, or municipal] court with venue over the offense. |
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SECTION 2. Section 51.03, Family Code, is amended by adding |
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Subsection (e-1) to read as follows: |
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(e-1) Notwithstanding any other law, for purposes of |
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conduct described by Subsection (b)(2), "child" means a person who |
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is: |
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(1) 10 years of age or older; |
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(2) alleged or found to have engaged in the conduct as |
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a result of acts committed before becoming 18 years of age; and |
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(3) required to attend school under Section 25.085, |
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Education Code. |
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SECTION 3. Subsection (h), Section 51.04, Family Code, is |
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amended to read as follows: |
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(h) In a county with a population of less than 100,000, the |
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juvenile court has concurrent jurisdiction with the justice court |
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[and municipal courts] over conduct engaged in by a child that |
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violates Section 25.094, Education Code. |
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SECTION 4. The heading to Section 54.021, Family Code, is |
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amended to read as follows: |
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Sec. 54.021. COUNTY OR[,] JUSTICE[, OR MUNICIPAL] COURT: |
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TRUANCY. |
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SECTION 5. Subsections (a), (b), and (c), Section 54.021, |
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Family Code, are amended to read as follows: |
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(a) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a child to the constitutional county |
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court, if the county has a population of two million or more, or to |
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an appropriate justice [or municipal] court, with the permission of |
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the county or[,] justice[, or municipal] court, for disposition in |
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the manner provided by Subsection (b) if the child is 12 years of |
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age or older and is alleged to have engaged in conduct described in |
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Section 51.03(b)(2). A waiver of jurisdiction under this |
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subsection may be for an individual case or for all cases in which a |
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child is alleged to have engaged in conduct described in Section |
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51.03(b)(2). The waiver of a juvenile court's exclusive original |
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jurisdiction for all cases in which a child is alleged to have |
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engaged in conduct described in Section 51.03(b)(2) is effective |
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for a period of one year. |
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(b) A county or[,] justice[, or municipal] court may |
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exercise jurisdiction over a person alleged to have engaged in |
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conduct indicating a need for supervision by engaging in conduct |
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described in Section 51.03(b)(2) in a case where: |
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(1) the person is 12 years of age or older; |
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(2) the juvenile court has waived its original |
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jurisdiction under this section; and |
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(3) [(2)] a complaint is filed by the appropriate |
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authority in the county or[,] justice[, or municipal] court |
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charging an offense under Section 25.094, Education Code. |
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(c) A proceeding in a county or[,] justice[, or municipal] |
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court on a complaint charging an offense under Section 25.094, |
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Education Code, is governed by Chapter 45, Code of Criminal |
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Procedure. |
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SECTION 6. Chapter 54, Family Code, is amended by adding |
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Section 54.0402 to read as follows: |
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Sec. 54.0402. DISPOSITIONAL ORDER FOR FAILURE TO ATTEND |
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SCHOOL. A dispositional order regarding conduct under Section |
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51.03(b)(2) is effective for the period specified by the court in |
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the order but may not extend beyond the 180th day after the date of |
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the order or beyond the end of the school year in which the order was |
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entered, whichever period is longer. |
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SECTION 7. Section 54.05, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), any [Any] |
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disposition, except a commitment to the Texas Youth Commission, may |
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be modified by the juvenile court as provided in this section until: |
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(1) the child reaches his 18th birthday; or |
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(2) the child is earlier discharged by the court or |
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operation of law. |
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(a-1) A disposition regarding conduct under Section |
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51.03(b)(2) may be modified by the juvenile court as provided by |
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this section until the expiration of the period described by |
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Section 54.0402. |
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(b) Except for a commitment to the Texas Youth Commission or |
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a disposition under Section 54.0402, all dispositions |
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automatically terminate when the child reaches his 18th birthday. |
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SECTION 8. Article 45.054, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(i) and (j) to read as follows: |
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(a) On a finding by a county or[,] justice[, or municipal] |
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court that an individual has committed an offense under Section |
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25.094, Education Code, the court has jurisdiction to enter an |
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order that includes one or more of the following provisions |
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requiring that: |
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(1) the individual: |
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(A) attend school without unexcused absences; |
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(B) attend a preparatory class for the high |
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school equivalency examination administered under Section 7.111, |
|
Education Code, if the court determines that the individual is too |
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old to do well in a formal classroom environment; or |
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(C) if the individual is at least 16 years of age, |
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take the high school equivalency examination administered under |
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Section 7.111, Education Code; |
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(2) the individual attend a special program that the |
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court determines to be in the best interest of the individual, |
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including: |
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(A) an alcohol and drug abuse program; |
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(B) a rehabilitation program; |
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(C) a counseling program, including |
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self-improvement counseling; |
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(D) a program that provides training in |
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self-esteem and leadership; |
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(E) a work and job skills training program; |
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(F) a program that provides training in |
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parenting, including parental responsibility; |
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(G) a program that provides training in manners; |
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(H) a program that provides training in violence |
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avoidance; |
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(I) a program that provides sensitivity |
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training; and |
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(J) a program that provides training in advocacy |
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and mentoring; |
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(3) the individual and the individual's parent attend |
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a class for students at risk of dropping out of school designed for |
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both the individual and the individual's parent; |
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(4) the individual complete reasonable community |
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service requirements; or |
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(5) for the total number of hours ordered by the court, |
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the individual participate in a tutorial program covering the |
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academic subjects in which the student is enrolled provided by the |
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school the individual attends. |
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(b) An order under Subsection (a)(3) that requires the |
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parent of an individual to attend a class for students at risk of |
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dropping out of school is enforceable in the justice[, municipal,] |
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or juvenile court by contempt. |
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(i) A county or justice court shall dismiss the complaint |
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against an individual alleging that the individual committed an |
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offense under Section 25.094, Education Code, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under this article; or |
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(2) the individual presents to the court proof that |
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the individual has obtained a high school diploma or a high school |
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equivalency certificate. |
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(j) A county or justice court may waive or reduce a fee or |
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court cost imposed under this article if the court finds that |
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payment of the fee or court cost would cause financial hardship. |
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SECTION 9. Article 45.055, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) Except as provided by Subsection (e), an [An] individual |
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convicted of not more than one violation of Section 25.094, |
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Education Code, may, on or after the individual's 18th birthday, |
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apply to the court in which the individual was convicted to have the |
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conviction and records relating to the conviction expunged. |
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(e) A court shall expunge an individual's conviction under |
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Section 25.094, Education Code, and records relating to a |
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conviction, regardless of whether the individual has previously |
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been convicted of an offense under that section, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under Article 45.054; or |
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(2) before the individual's 21st birthday, the |
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individual presents to the court proof that the individual has |
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obtained a high school diploma or a high school equivalency |
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certificate. |
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SECTION 10. Subsections (a) and (c), Article 45.056, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a) On approval of the commissioners court, [city council,] |
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school district board of trustees, juvenile board, or other |
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appropriate authority, a county court, justice court, [municipal
|
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court,] school district, juvenile probation department, or other |
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appropriate governmental entity may: |
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(1) employ a case manager to provide services in cases |
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involving juvenile offenders before a court consistent with the |
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court's statutory powers; or |
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(2) agree in accordance with Chapter 791, Government |
|
Code, to jointly employ a case manager. |
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(c) A county or justice court on approval of the |
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commissioners court [or a municipal court on approval of the city
|
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council] may employ one or more full-time juvenile case managers to |
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assist the court in administering the court's juvenile docket and |
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in supervising its court orders in juvenile cases. |
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SECTION 11. Subsections (d), (f), and (h), Article |
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102.0174, Code of Criminal Procedure, are amended to read as |
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follows: |
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(d) The [ordinance or] order must authorize the judge or |
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justice to waive the fee required by Subsection (b) or (c) in a case |
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of financial hardship. |
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(f) The clerks of the respective courts shall collect the |
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costs and pay them to the county [or municipal] treasurer[, as
|
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applicable,] or to any other official who discharges the duties |
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commonly delegated to the county [or municipal] treasurer for |
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deposit in the fund. |
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(h) A fund must be administered by or under the direction of |
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the commissioners court [or under the direction of the governing
|
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body of the municipality]. |
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SECTION 12. Subsection (a), Section 7.111, Education Code, |
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is amended to read as follows: |
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(a) The board shall provide for the administration of high |
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school equivalency examinations, including administration by the |
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adjutant general's department for students described by |
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Subdivision (2)(C). A person who does not have a high school |
|
diploma may take the examination in accordance with rules adopted |
|
by the board if the person is: |
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(1) over 17 years of age; |
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(2) 16 years of age or older and: |
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(A) is enrolled in a Job Corps training program |
|
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 |
|
et seq.), and its subsequent amendments; |
|
(B) a public agency providing supervision of the |
|
person or having custody of the person under a court order |
|
recommends that the person take the examination; or |
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(C) is enrolled in the adjutant general's |
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department's Seaborne ChalleNGe Corps; or |
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(3) required to take the examination under a justice |
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[or municipal] court order issued under Article 45.054(a)(1)(C), |
|
Code of Criminal Procedure. |
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SECTION 13. Subsections (a) and (b), Section 25.091, |
|
Education Code, are amended to 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 |
|
compulsory school attendance requirements referred to the peace |
|
officer; |
|
(2) to enforce compulsory school attendance |
|
requirements by: |
|
(A) applying truancy prevention measures adopted |
|
under Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures fail to |
|
meaningfully address the student's conduct: |
|
(i) referring the [a] student to a juvenile |
|
court or filing a complaint against the [a] student in a county |
|
or[,] justice[, or municipal] court if the student has unexcused |
|
absences for the amount of time specified under Section 25.094 or |
|
under Section 51.03(b)(2), Family Code; or [and] |
|
(ii) [(B)] filing a complaint in a county |
|
or[,] justice[, or municipal] court against a parent who violates |
|
Section 25.093; |
|
(3) to serve court-ordered legal process; |
|
(4) to review school attendance records for compliance |
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by each student investigated by the officer; |
|
(5) to maintain an investigative record on each |
|
compulsory school attendance requirement violation and related |
|
court action and, at the request of a court, the board of trustees |
|
of a school district, or the commissioner, to provide a record to |
|
the individual or entity requesting the record; |
|
(6) to make a home visit or otherwise contact the |
|
parent of a student who is in violation of compulsory school |
|
attendance requirements, except that a peace officer may not enter |
|
a residence without the permission of the parent of a student |
|
required under this subchapter to attend school or of the tenant or |
|
owner of the residence except to lawfully serve court-ordered legal |
|
process on the parent; and |
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(7) to take a student into custody with the permission |
|
of the student's parent or in obedience to a court-ordered legal |
|
process. |
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(b) An attendance officer employed by a school district who |
|
is not commissioned as a peace officer has the following powers and |
|
duties with respect to enforcement of compulsory school attendance |
|
requirements: |
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(1) to investigate each case of a violation of the |
|
compulsory school attendance requirements referred to the |
|
attendance officer; |
|
(2) to enforce compulsory school attendance |
|
requirements by: |
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(A) applying truancy prevention measures adopted |
|
under Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures fail to |
|
meaningfully address the student's conduct: |
|
(i) referring the [a] student to a juvenile |
|
court or filing a complaint against the [a] student in a county |
|
or[,] justice[, or municipal] court if the student has unexcused |
|
absences for the amount of time specified under Section 25.094 or |
|
under Section 51.03(b)(2), Family Code; and |
|
(ii) [(B)] filing a complaint in a county |
|
or[,] justice[, or municipal] court against a parent who violates |
|
Section 25.093; |
|
(3) to monitor school attendance compliance by each |
|
student investigated by the officer; |
|
(4) to maintain an investigative record on each |
|
compulsory school attendance requirement violation and related |
|
court action and, at the request of a court, the board of trustees |
|
of a school district, or the commissioner, to provide a record to |
|
the individual or entity requesting the record; |
|
(5) to make a home visit or otherwise contact the |
|
parent of a student who is in violation of compulsory school |
|
attendance requirements, except that the attendance officer may not |
|
enter a residence without permission of the parent or of the owner |
|
or tenant of the residence; |
|
(6) at the request of a parent, to escort a student |
|
from any location to a school campus to ensure the student's |
|
compliance with compulsory school attendance requirements; and |
|
(7) if the attendance officer has or is informed of a |
|
court-ordered legal process directing that a student be taken into |
|
custody and the school district employing the officer does not |
|
employ its own police department, to contact the sheriff, |
|
constable, or any peace officer to request that the student be taken |
|
into custody and processed according to the legal process. |
|
SECTION 14. Subchapter C, Chapter 25, Education Code, is |
|
amended by adding Section 25.0915 to read as follows: |
|
Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL AND |
|
FILING REQUIREMENT. (a) A school district shall adopt truancy |
|
prevention measures designed to: |
|
(1) address student conduct related to truancy in the |
|
school setting; and |
|
(2) minimize the need for referrals to juvenile court |
|
for and complaints filed in county or justice court alleging |
|
truancy. |
|
(b) Each referral to juvenile court for or complaint filed |
|
in county or justice court alleging truancy by a student must be |
|
accompanied by a statement from the student's school certifying |
|
that: |
|
(1) the school applied the truancy prevention measures |
|
adopted under Subsection (a) to the student; and |
|
(2) the truancy prevention measures failed to |
|
meaningfully address the student's conduct related to truancy. |
|
SECTION 15. Subsections (b) and (d), Section 25.093, |
|
Education Code, are amended to read as follows: |
|
(b) The attendance officer or other appropriate school |
|
official shall file a complaint against the parent in: |
|
(1) the constitutional county court of the county in |
|
which the parent resides or in which the school is located, if the |
|
county has a population of two million or more; or |
|
(2) a justice court of any precinct in the county in |
|
which the parent resides or in which the school is located[; or
|
|
[(3)
a municipal court of the municipality in which
|
|
the parent resides or in which the school is located]. |
|
(d) A fine collected under this section shall be deposited |
|
as follows: |
|
(1) one-half shall be deposited to the credit of the |
|
operating fund of, as applicable: |
|
(A) the school district in which the child |
|
attends school; |
|
(B) the open-enrollment charter school the child |
|
attends; or |
|
(C) the juvenile justice alternative education |
|
program that the child has been ordered to attend; and |
|
(2) one-half shall be deposited to the credit of[:
|
|
[(A)] the general fund of the county[, if the
|
|
complaint is filed in the justice court or the constitutional
|
|
county court; or
|
|
[(B)
the general fund of the municipality, if the
|
|
complaint is filed in municipal court]. |
|
SECTION 16. Subsections (a) and (b), Section 25.0951, |
|
Education Code, are amended to read as follows: |
|
(a) If a student fails to attend school without excuse on 10 |
|
or more days or parts of days within a six-month period in the same |
|
school year, a school district shall within 10 school days of the |
|
student's 10th absence: |
|
(1) file a complaint against the student or the |
|
student's parent or both in a county or[,] justice[, or municipal] |
|
court for an offense under Section 25.093 or 25.094, as |
|
appropriate, or refer the student to a juvenile court in a county |
|
with a population of less than 100,000 for conduct that violates |
|
Section 25.094; or |
|
(2) refer the student to a juvenile court for conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code. |
|
(b) If a student fails to attend school without excuse on |
|
three or more days or parts of days within a four-week period but |
|
does not fail to attend school for the time described by Subsection |
|
(a), the school district may: |
|
(1) file a complaint against the student or the |
|
student's parent or both in a county or[,] justice[, or municipal] |
|
court for an offense under Section 25.093 or 25.094, as |
|
appropriate, or refer the student to a juvenile court in a county |
|
with a population of less than 100,000 for conduct that violates |
|
Section 25.094; or |
|
(2) refer the student to a juvenile court for conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code. |
|
SECTION 17. Section 102.121, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
municipal court shall collect fees and costs on conviction of a |
|
defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(2) a fee for withdrawing request for jury less than 24 |
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(3) a jury fee for two or more defendants tried jointly |
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
and |
|
(6) [a juvenile case manager fee (Art. 102.0174, Code
|
|
of Criminal Procedure) .
.
. not to exceed $5; and
|
|
[(7)] a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.10. |
|
SECTION 18. Subsection (d), Article 102.014, and Subsection |
|
(b), Article 102.0174, Code of Criminal Procedure, are repealed. |
|
SECTION 19. The change in law made by this Act applies only |
|
to conduct that occurs on or after the effective date of this Act. |
|
Conduct that occurs before the effective date of this Act is |
|
governed by the law in effect at the time the conduct occurred, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, conduct occurs before the effective date |
|
of this Act if any element of the violation occurs before that date. |
|
SECTION 20. Not later than September 1, 2012, the governing |
|
body of a municipality that created a juvenile case manager fund |
|
under Article 102.0174, Code of Criminal Procedure, shall: |
|
(1) abolish the juvenile case manager fund; and |
|
(2) transfer any money in the juvenile case manager |
|
fund to the municipal treasury. |
|
SECTION 21. This Act takes effect September 1, 2011. |