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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures involving truancy and other fine-only |
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misdemeanors committed by children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.02151 to read as |
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follows: |
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Art. 45.02151. INSTRUCTION TO MINOR BEFORE PLEA. (a) This |
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article applies to a defendant who is younger than 18 years of age. |
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(b) Before the court takes the defendant's plea, the court |
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shall inform the defendant of the potential consequences a criminal |
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record may have on the defendant, including an impact on the |
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defendant's: |
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(1) college applications; |
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(2) future military service; and |
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(3) employment prospects. |
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(c) The supreme court, after consultation with the court of |
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criminal appeals, shall develop language for the statement required |
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by Subsection (b). |
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SECTION 2. Article 45.054, Code of Criminal Procedure, is |
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amended by adding Subsection (a-3) to read as follows: |
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(a-3) A court having jurisdiction under this article shall |
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offer the defendant the option of deferring further proceedings in |
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accordance with Article 45.051 if the defendant has not previously: |
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(1) participated in a pretrial diversion program for |
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truancy; |
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(2) been convicted of an offense under Section 25.094, |
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Education Code; or |
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(3) been the subject of a dispositional order under |
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this article. |
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SECTION 3. Section 25.0915, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) A court shall dismiss a complaint or referral made by a |
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school district under this section that is not made in compliance |
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with Subsection (b), does not satisfy the elements required for the |
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offense, is not timely filed, or is otherwise defective. A |
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dismissal under this section must be made before a hearing of the |
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complaint or referral is scheduled and without requiring the |
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presence of the defendant. |
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(d) The agency shall adopt rules: |
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(1) creating minimum standards for truancy prevention |
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measures adopted by a school district under this section; and |
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(2) establishing a set of best practices for truancy |
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prevention measures. |
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SECTION 4. Section 25.0951(d), Education Code, is amended |
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to read as follows: |
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(d) A court shall dismiss a complaint or referral made by a |
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school district under this section that is not made in compliance |
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with this section, does not satisfy the elements required for the |
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offense, is not timely filed, or is otherwise defective. A |
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dismissal under this section must be made before a hearing of the |
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complaint or referral is scheduled and without requiring the |
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presence of the defendant. |
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SECTION 5. The changes in law made by this Act do not apply |
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to an offense committed under Section 25.094, Education Code, |
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before the effective date of this Act or to a criminal action |
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pending on the effective date of this Act for an offense under that |
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section. An offense committed before the effective date of this Act |
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or a criminal action pending on that date is governed by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this Act, |
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an offense is committed before the effective date of this Act if any |
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element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2015. |