82R7540 SJM-D

By: Whitmire S.B. No. 1489

A BILL TO BE ENTITLED

AN ACT

relating to jurisdiction for the offenses of truancy and failure to attend school.

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

SECTION 1. Sections 25.091(a) and (b), Education Code, are amended to read as follows:

(a) A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:

(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) referring a student to a juvenile court or filing a complaint against a student in a [county,] justice[,] or municipal court, as provided by Section 25.094(b), 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

(B) filing a complaint in a [county,] 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 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

(7) to take a student into custody with the permission of the student's parent or in obedience to a court-ordered legal process.

(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:

(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:

(A) referring a student to a juvenile court or filing a complaint against a student in a [county,] justice[,] or municipal court, as provided by Section 25.094(b), 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

(B) filing a complaint in a [county,] 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 2. Section 25.093(b), Education Code, is 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;

[(2)] a justice court of any precinct in the county in which the parent resides or in which the school is located; or

(2) [(3)] a municipal court of the municipality in which the parent resides or in which the school is located.

SECTION 3. Sections 25.094(b), (c), (d), and (d-1), Education Code, are amended to read as follows:

(b) An offense under this section may only be [prosecuted in]:

(1) referred to juvenile court if the individual was younger than 17 years of age at the time the violation occurred [the constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of two million or more]; or

(2) if the individual was 17 years of age or older at the time the offense was committed, prosecuted in:

(A) a justice court of any precinct in the county in which the individual resides or in which the school is located; or

(B) [(3)] a municipal court in the municipality in which the individual resides or in which the school is located.

(c) On a finding by the [county,] justice[,] or municipal court that the individual has committed an offense under Subsection (a) or on a finding by a juvenile court [in a county with a population of less than 100,000] that the individual has engaged in conduct that violates Subsection (a), the court may enter an order that includes one or more of the requirements listed in Article 45.054, Code of Criminal Procedure[, as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001].

(d) If the juvenile [county], justice, or municipal court believes that a child has violated an order issued under Subsection (c), the court may proceed as authorized by Article 45.050, Code of Criminal Procedure.

(d-1) Pursuant to an order of the juvenile [county], justice, or municipal court based on an affidavit showing probable cause to believe that an individual has committed an offense under or engaged in conduct that violates this section, a peace officer may take the individual into custody. A peace officer taking an individual into custody under this subsection shall:

(1) promptly notify the individual's parent, guardian, or custodian of the officer's action and the reason for that action; and

(2) without unnecessary delay:

(A) release the individual to the individual's parent, guardian, or custodian or to another responsible adult, if the person promises to bring the individual to the juvenile [county], justice, or municipal court as requested by the court; or

(B) bring the individual to a juvenile [county], justice, or municipal court with venue over the offense or the conduct.

SECTION 4. Section 25.095(a), Education Code, is amended to read as follows:

(a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period:

(1) the student's parent is subject to prosecution under Section 25.093; and

(2) the student is subject to prosecution [under Section 25.094] or to referral to a juvenile court, as provided by Section 25.094(b), [in a county with a population of less than 100,000] for conduct that violates that section.

SECTION 5. Sections 25.0951(a) and (b), 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, if the student was 17 years of age or older at the time the offense was committed, or the student's parent or both in a [county,] 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) if the student was younger than 17 years of age at the time the violation occurred:

(A) refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code;

(B) file a complaint against the student's parent in a justice or municipal court for an offense under Section 25.093; or

(C) refer the student to juvenile court and file a complaint against the student's parent in justice or municipal court.

(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, if the student was 17 years of age or older at the time the offense was committed, or the student's parent or both in a [county,] 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) if the student was younger than 17 years of age at the time the violation occurred:

(A) refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code;

(B) file a complaint against the student's parent in a justice or municipal court for an offense under Section 25.093; or

(C) refer the student to juvenile court and file a complaint against the student's parent in justice or municipal court.

SECTION 6. Article 45.054(a), Code of Criminal Procedure, is amended to read as follows:

(a) On a finding by a [county,] justice[,] or municipal court that an individual has committed an offense under Section 25.094, Education Code, or by a juvenile court that an individual engaged in conduct in violation of that section, the court has jurisdiction to enter an order that includes one or more of the following provisions requiring that:

(1) the individual:

(A) attend school without unexcused absences;

(B) attend a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, if the court determines that the individual is too old to do well in a formal classroom environment; or

(C) if the individual is at least 16 years of age, take the high school equivalency examination administered under Section 7.111, Education Code;

(2) the individual attend a special program that the court determines to be in the best interest of the individual, including:

(A) an alcohol and drug abuse program;

(B) a rehabilitation program;

(C) a counseling program, including self-improvement counseling;

(D) a program that provides training in self-esteem and leadership;

(E) a work and job skills training program;

(F) a program that provides training in parenting, including parental responsibility;

(G) a program that provides training in manners;

(H) a program that provides training in violence avoidance;

(I) a program that provides sensitivity training; and

(J) a program that provides training in advocacy and mentoring;

(3) the individual and the individual's parent attend a class for students at risk of dropping out of school designed for both the individual and the individual's parent;

(4) the individual complete reasonable community service requirements; or

(5) for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends.

SECTION 7. Section 51.03(f), Family Code, is amended to read as follows:

(f) Conduct [Except as provided by Subsection (g), conduct] described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).

SECTION 8. Section 54.021, Family Code, is amended to read as follows:

Sec. 54.021. [COUNTY,] JUSTICE[,] OR MUNICIPAL COURT: TRUANCY. (a) [The juvenile court may waive its exclusive original jurisdiction and transfer a child to the constitutional county court, if the county has a population of two million or more, or to an appropriate justice or municipal court, with the permission of the county, justice, or municipal court, for disposition in the manner provided by Subsection (b) if the child is alleged to have engaged in conduct described in Section 51.03(b)(2). A waiver of jurisdiction under this subsection may be for an individual case or for all cases in which a child is alleged to have engaged in conduct described in Section 51.03(b)(2). The waiver of a juvenile court's exclusive original jurisdiction for all cases in which a child is alleged to have engaged in conduct described in Section 51.03(b)(2) is effective for a period of one year.

[(b)] A [county,] justice[,] or municipal court may exercise jurisdiction over a person alleged to have engaged in conduct indicating a need for supervision by engaging in conduct described in Section 51.03(b)(2) only as provided by [in a case where:

[(1) the juvenile court has waived its original jurisdiction under this section; and

[(2) a complaint is filed by the appropriate authority in the county, justice, or municipal court charging an offense under] Section 25.094(b) [25.094], Education Code.

(b) [(c)] A proceeding in a [county,] justice[,] or municipal court on a complaint charging an offense under Section 25.094, Education Code, is governed by Chapter 45, Code of Criminal Procedure.

(c) [(d) Notwithstanding any other law, the costs assessed in a case filed in or transferred to a constitutional county court for an offense under Section 25.093 or 25.094, Education Code, must be the same as the costs assessed for a case filed in a justice court for an offense under Section 25.093 or 25.094, Education Code.

[(e)] The proceedings before a justice or municipal [constitutional county] court related to an offense under Section 25.093 or 25.094, Education Code, may be recorded in any manner provided by Section 30.00010, Government Code, for recording proceedings in a municipal court of record.

SECTION 9. Sections 26.045(c) and (e), Government Code, are amended to read as follows:

(c) Except as provided by Subsection [Subsections (d) and] (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction.

(e) Subsection [Subsections] (c) does [and (d) do] not affect the jurisdiction of a statutory county court.

SECTION 10. The following are repealed:

(1) Article 45.054(a-1), Code of Criminal Procedure;

(2) Section 51.03(g), Family Code;

(3) Section 51.04(h), Family Code;

(4) Section 26.045(d), Government Code; and

(5) Subchapter W, Chapter 54, Government Code.

SECTION 11. The change in law made by this Act applies only to conduct that violates Section 25.093 or 25.094, Education Code, as amended by this Act, that occurs on or after the effective date of this Act. Conduct that violates Section 25.093 or 25.094, Education Code, as amended by this Act, that occurs before the effective date of this Act is covered 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 occurred before that date.

SECTION 12. This Act takes effect September 1, 2011.