TO: | Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence |
FROM: | Ursula Parks, Director, Legislative Budget Board |
IN RE: | HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), As Introduced |
The bill would amend the Education Code to create “school offenses” which are Class C
misdemeanors, other than traffic offenses, committed on property under the control and
jurisdiction of a school district, as well as disruption of class and disruption of transportation. A
peace officer may not issue a citation to a child who is alleged to have committed a school
offense.
The bill would require school districts to impose a system of progressive sanctions on a student
prior to filing a complaint in court for a school based offense.
The bill would also amend the Penal Code to prohibit a child younger than 12 years of age from
being prosecuted or convicted of a non-traffic fine only offense or penal ordinance violation. The
bill would also create a presumption that children between the ages of 12 to 14 are presumed not
criminally responsible for the same offenses, although the presumption can be refuted by a
preponderance of evidence showing that the child is morally culpable.
The bill could reduce the number of juveniles sent to Justice of the Peace and Municipal Courts
for Class C misdemeanors. However, since juveniles are usually only transferred from these
courts to juvenile courts on the third offense, it is assumed the number of offenders affected under
this statute would not significantly impact state correctional agencies' workload and programs or
the demand for their resources and services.
The bill would take effect on September 1, 2013, and only apply to offenses committed on or after
that date.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 644 Texas Juvenile Justice Department, 701 Central Education Agency
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LBB Staff: | UP, ESi, KKR, AH, JPo
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