83R7553 EAH-D

By: Whitmire S.B. No. 1234

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of progressive sanctions for students who fail to attend school and to the repeal of the offenses of failure to attend school and parent contributing to nonattendance.

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

SECTION 1. Article 4.14(g), Code of Criminal Procedure, is amended to read as follows:

(g) A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for:

(1) all cases in which either municipality has jurisdiction under Subsection (a); and

(2) cases that arise under Section 821.022, Health and Safety Code[, or Section 25.094, Education Code].

SECTION 2. Article 45.0216(g), Code of Criminal Procedure, is amended to read as follows:

(g) This article does not apply to any offense otherwise covered by:

(1) Chapter 106, Alcoholic Beverage Code; or

(2) Chapter 161, Health and Safety Code[; or

[(3) Section 25.094, Education Code].

SECTION 3. Article 45.056(h), Code of Criminal Procedure, as added by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature, Regular Session, 2011, is amended to read as follows:

(h) Subsections (f) and (g) do not apply to [:

[(1)] a part-time judge[; or

[(2) a county judge of a county court that has one or more appointed full-time magistrates under Section 54.1172, Government Code].

SECTION 4. Section 25.085(f), Education Code, is amended to read as follows:

(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. [Section 25.094 applies to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.]

SECTION 5. 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) applying truancy prevention measures adopted under Section 25.0915 or progressive sanctions under Section 29.0945 to the student; and

(B) if the progressive sanctions [truancy prevention measures] fail to meaningfully address the student's conduct, [:

[(i)] referring the student to a juvenile court [or filing a complaint against the student in a county, 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

[(ii) 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) applying truancy prevention measures adopted under Section 25.0915 or progressive sanctions under Section 25.0945 to the student; and

(B) if the progressive sanctions [truancy prevention measures] fail to meaningfully address the student's conduct, [:

[(i)] referring the student to a juvenile court [or filing a complaint against the student in a county, 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) 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 6. Section 25.0915, Education Code, is amended 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 conduct described by Section 51.03(b)(2), Family Code[; and

[(3) minimize the filing of complaints in county, justice, and municipal courts alleging a violation of Section 25.094].

(b) Each referral to juvenile court for conduct described by Section 51.03(b)(2), Family Code, [or complaint filed in county, justice, or municipal court alleging a violation by a student of Section 25.094] must:

(1) be accompanied by a statement from the student's school certifying that:

(A) the school applied progressive sanctions [the truancy prevention measures adopted] under Section 25.0945 [Subsection (a)] to the student; and

(B) the progressive sanctions [truancy prevention measures] failed to meaningfully address the student's school attendance; and

(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.

SECTION 7. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.0945 to read as follows:

Sec. 25.0945. PROGRESSIVE SANCTIONS FOR FAILURE TO ATTEND SCHOOL. (a) Before referring a student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code, a school district or open-enrollment charter school employee shall impose progressive sanctions on the student. Under the progressive sanctions, the employee may:

(1) issue a warning letter to the student and the student's parent or guardian that states the number of absences of the student and explains the consequences if the student has additional absences;

(2) impose:

(A) a behavior contract on the student that must be signed by the student, the student's parent or guardian, and an employee of the school and that includes:

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

(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 absences, including additional disciplinary action or the referral of the student to a juvenile court; and

(B) school-based community service; or

(3) refer the student to counseling, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.

(b) A referral made under Subsection (a)(3) may include participation by the child's parent or guardian if necessary.

(c) If the student fails to comply with or complete the progressive sanctions under this section, the school district or open-enrollment charter school shall refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

SECTION 8. Sections 25.095(a) and (b), Education Code, are 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 progressive sanctions under Section 25.0945 and possible [prosecution under Section 25.094 or to] referral to a juvenile court [in a county with a population of less than 100,000 for conduct that violates that section].

(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:

(1) inform the parent that[:

[(A)] it is the parent's duty to monitor the student's school attendance and require the student to attend school; and

[(B) the parent is subject to prosecution under Section 25.093; and]

(2) request a conference between school officials and the parent to discuss the absences.

SECTION 9. Section 51.02(15), Family Code, is amended to read as follows:

(15) "Status offender" means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including:

(A) truancy under Section 51.03(b)(2);

(B) running away from home under Section 51.03(b)(3);

(C) a fineable only offense under Section 51.03(b)(1) transferred to the juvenile court under Section 51.08(b), but only if the conduct constituting the offense would not have been criminal if engaged in by an adult;

(D) [failure to attend school under Section 25.094, Education Code;

[(E)] a violation of standards of student conduct as described by Section 51.03(b)(5);

(E) [(F)] a violation of a juvenile curfew ordinance or order;

(F) [(G)] a violation of a provision of the Alcoholic Beverage Code applicable to minors only; or

(G) [(H)] a violation of any other fineable only offense under Section 8.07(a)(4) or (5), Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.

SECTION 10. Section 29.003(i), Government Code, is amended to read as follows:

(i) A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for:

(1) all cases in which either municipality has jurisdiction under Subsection (a); and

(2) cases that arise under Section 821.022, Health and Safety Code[, or Section 25.094, Education Code].

SECTION 11. Section 54.1955, Government Code, as added by Chapter 995 (H.B. 2132), Acts of the 82nd Legislature, Regular Session, 2011, is amended to read as follows:

Sec. 54.1955. POWERS. [(a)] Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:

(1) conduct hearings;

(2) hear evidence;

(3) issue summons for the appearance of witnesses;

(4) examine witnesses;

(5) swear witnesses for hearings;

(6) recommend rulings or orders or a judgment in a case;

(7) regulate proceedings in a hearing;

(8) [accept a plea of guilty or nolo contendere in a case alleging a violation of Section 25.093 or 25.094, Education Code, and assess a fine or court costs or order community service in satisfaction of a fine or costs in accordance with Article 45.049, Code of Criminal Procedure;

[(9)] enter an order suspending a sentence or deferring a final disposition that includes at least one of the requirements listed in Article 45.051, Code of Criminal Procedure; and

(9) [(10)] perform any act and take any measure necessary and proper for the efficient performance of the duties required by the referral order, including the entry of an order that includes at least one of the requirements in Article 45.054, Code of Criminal Procedure[; and

[(11) if the magistrate finds that a child as defined by Article 45.058, Code of Criminal Procedure, has violated an order under Article 45.054, Code of Criminal Procedure, proceed as authorized by Article 45.050, Code of Criminal Procedure].

[(b) With respect to an issue of law or fact the ruling on which could result in the dismissal of a prosecution under Section 25.093 or 25.094, Education Code, a magistrate may not rule on the issue but may make findings, conclusions, and recommendations on the issue.]

SECTION 12. Section 71.0352, Government Code, is amended to read as follows:

Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND JUVENILE COURTS. As a component of the official monthly report submitted to the Office of Court Administration of the Texas Judicial System:

(1) justice and municipal courts shall report the number of cases filed for [the following offenses:

[(A) failure to attend school under Section 25.094, Education Code;

[(B) parent contributing to nonattendance under Section 25.093, Education Code; and

[(C)] violation of a local daytime curfew ordinance adopted under Section 341.905 or 351.903, Local Government Code; and

(2) in cases in which a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court shall report the number of incidents in which the child is:

(A) referred to the appropriate juvenile court for delinquent conduct as provided by Article 45.050(c)(1), Code of Criminal Procedure, and Section 51.03(a)(2), Family Code; or

(B) held in contempt, fined, or denied driving privileges as provided by Article 45.050(c)(2), Code of Criminal Procedure.

SECTION 13. The following provisions are repealed:

(1) Articles 45.054 and 45.055, Code of Criminal Procedure;

(2) Article 45.056(e), Code of Criminal Procedure;

(3) Article 102.014(d), Code of Criminal Procedure;

(4) Sections 25.093 and 25.094, Education Code;

(5) Section 25.095(c), Education Code;

(6) Section 25.0951, Education Code;

(7) Section 25.0952, Education Code;

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

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

(10) Section 51.08(e), Family Code;

(11) Section 54.021, Family Code;

(12) Section 54.041(f), Family Code;

(13) Section 26.045(d), Government Code;

(14) Section 54.1172, Government Code; and

(15) Section 54.1952, Government Code, as added by Chapter 995 (H.B. 2132), Acts of the 82nd Legislature, Regular Session, 2011.

SECTION 14. The repeal of a law by this Act does not apply to an offense committed under Section 25.093 or 25.094, Education Code, before the effective date of the repeal. An offense committed before the effective date of the repeal 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 15. This Act takes effect September 1, 2013.