83R7155 ADM-F

By: Whitmire, West S.B. No. 1114

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.

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

SECTION 1. Articles 45.056(a) and (c), Code of Criminal Procedure, are amended to read as follows:

(a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity may[:

[(1)] employ a case manager or agree, in accordance with Chapter 791, Government Code, to jointly employ a case manager to provide services in cases involving juvenile offenders who are:

(1) before a court consistent with the court's statutory powers; or

(2) referred to the case manager by a school administrator or designee before a complaint is filed with a court for a school offense, as defined by Section 37.141, Education Code, that would otherwise be within the court's jurisdiction, if the juvenile offender and the juvenile offender's parent or guardian consent to the referral to the [agree in accordance with Chapter 791, Government Code, to jointly employ a] case manager.

(c) A county or justice court on approval of the commissioners court or a municipality or municipal court on approval of the city council may employ one or more juvenile case managers to:

(1) assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases; and

(2) provide intervention services, with the consent of the juveniles and the juveniles' parents or guardians, to juveniles considered at-risk of entering the juvenile justice system and referred to the case manager by school administrators before cases are filed with the court for alleged Class C misdemeanors, other than traffic offenses.

SECTION 2. Section 25.0915, Education Code, is amended by adding Subsection (c) to read as follows:

(c) A court shall dismiss a complaint or referral made by a school district under this section that is not made in compliance with Subsection (b).

SECTION 3. Chapter 37, Education Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. PROGRESSIVE SANCTIONS FOR CERTAIN

MISDEMEANOR OFFENSES

Sec. 37.141. DEFINITIONS. In this subchapter:

(1) "Child" means a person who is:

(A) younger than 17 years of age; and

(B) not married, divorced, or widowed.

(2) "School offense" means an offense committed by a child enrolled in a public school that is:

(A) a Class C misdemeanor, other than a traffic offense, that is committed while the child is:

(i) on the grounds of the school in which the child is enrolled; or

(ii) a passenger in a vehicle that is under the control and jurisdiction of the school district that operates the school in which the child is enrolled; or

(B) an offense under Section 25.094, 37.124, or 37.126.

Sec. 37.142. CONFLICT OF LAW. To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child.

Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A peace officer may not issue a citation to a child who is alleged to have committed a school offense.

(b) This subchapter does not prohibit a child from being taken into custody under Section 52.01, Family Code.

Sec. 37.144. PROGRESSIVE SANCTIONS. (a) Before filing a complaint under Section 37.145 against a child alleging the commission of a school offense, a school district employee shall impose progressive sanctions on the child. Under the progressive sanctions, the employee shall:

(1) issue a warning letter to the child and the child's parent or guardian that specifically states the child's alleged school offense and explains the consequences if the child engages in additional misconduct; or

(2) impose a behavior contract on the child that must:

(A) be signed by the child, the child's parent or guardian, and an employee of the school; and

(B) include:

(i) a specific description of the behavior that is required or prohibited for the child;

(ii) the period for which the contract will be effective, not to exceed 45 school days after the date the contract becomes effective; and

(iii) the penalties for additional alleged school offenses, including additional disciplinary action or the filing of a complaint in a criminal court.

(b) In addition to the progressive sanctions imposed under Subsection (a), the school may refer the child to services which may include:

(1) school-based community service; and

(2) counseling, community-based services, or other in-school or out-of-school services aimed at addressing the child's behavioral problems.

(c) A referral made under Subsection (b) may include participation by the child's parent or guardian if necessary.

Sec. 37.145. COMPLAINT. (a) If a child fails to comply with or complete progressive sanctions under Section 37.144, the school may file a complaint against the child with a criminal court in accordance with Section 37.146.

(b) Notwithstanding Section 37.144(a), a school may file a complaint alleging the commission of a school offense with a criminal court in accordance with Section 37.146 against a child if the school has imposed progressive sanctions on the child for three or more previous school offenses committed during the same semester as the current school offense.

Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure:

(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and

(2) be accompanied by a statement from a school employee stating:

(A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and

(B) the progressive sanctions that were imposed on the child before the complaint was filed.

(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45.057(e), Code of Criminal Procedure.

SECTION 4. Section 37.081(f), Education Code, is amended to read as follows:

(f) The chief of police of the school district police department shall be accountable to the superintendent and shall report to the superintendent [or the superintendent's designee]. School district police officers shall be supervised by the chief of police of the school district or the chief of police's designee and shall be licensed by the Commission on Law Enforcement Officer Standards and Education.

SECTION 5. Section 8.07, Penal Code, is amended by adding Subsections (d) and (e) to read as follows:

(d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)(4) or (5) that the person committed when younger than 12 years of age.

(e) A person who is at least 12 years of age but younger than 15 years of age is presumed incapable of committing an offense described by Subsection (a)(4) or (5). This presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. The prosecution is not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense.

SECTION 6. Section 42.01, Penal Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located.

SECTION 7. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense is committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 8. This Act takes effect September 1, 2013.