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A BILL TO BE ENTITLED
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AN ACT
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relating to a complaint alleging the commission of an offense by a |
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child on school property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. COMPLAINTS FOR CERTAIN MISDEMEANOR OFFENSES |
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Sec. 37.141. DEFINITIONS. In this subchapter: |
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(1) "Child" means a person who is: |
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(A) younger than 17 years of age; and |
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(B) not married, divorced, or widowed. |
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(2) "School offense" means an offense, other than a |
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traffic offense, committed by a child on property under the control |
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and jurisdiction of a school district. |
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Sec. 37.142. CONFLICT OF LAW. To the extent of any |
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conflict, this subchapter controls over any other law applied to a |
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school offense alleged to have been committed by a child. |
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Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) |
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Notwithstanding Article 14.06(b), Code of Criminal Procedure, a |
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peace officer may not issue a citation to a child who is alleged to |
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have committed a school offense. |
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(b) This subchapter does not prohibit a child from being |
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taken into custody under Section 52.01, Family Code, or a peace |
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officer from issuing a citation to a student who is not a child. |
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Sec. 37.144. COMPLAINT. A school may file a complaint |
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against a child who is alleged to have committed a school offense |
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with a criminal court in accordance with Section 37.145. |
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Sec. 37.145. REQUISITES OF COMPLAINT. A complaint alleging |
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the commission of a school offense must, in addition to the |
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requirements imposed by Articles 45.018 and 45.019, Code of |
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Criminal Procedure: |
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(1) be sworn to by a person who has personal knowledge |
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of the underlying facts giving rise to probable cause to believe |
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that an offense has been committed; and |
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(2) be accompanied by a statement from a school |
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employee stating whether the child is eligible for or receives |
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special services under Subchapter A, Chapter 29. |
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Sec. 37.146. DISMISSAL OF COMPLAINT. A court shall dismiss |
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a complaint alleging a school offense that is not filed in |
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compliance with this subchapter. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |