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|
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A BILL TO BE ENTITLED
|
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AN ACT
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|
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relating to public school interventions for truancy and eliminating |
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a criminal penalty and authorizing a civil penalty for truancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. Articles 45.054(a) and (i), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) On a finding by a county, justice, or municipal court |
|
that an individual has engaged in conduct that violates [committed
|
|
an offense under] Section 25.094, Education Code, the court has |
|
jurisdiction to enter an order that includes one or more of the |
|
following provisions requiring that: |
|
(1) the individual: |
|
(A) attend school without unexcused absences; |
|
(B) attend a preparatory class for the high |
|
school equivalency examination administered under Section 7.111, |
|
Education Code, if the court determines that the individual is too |
|
old to do well in a formal classroom environment; or |
|
(C) if the individual is at least 16 years of age, |
|
take the high school equivalency examination administered under |
|
Section 7.111, Education Code; |
|
(2) the individual attend a special program that the |
|
court determines to be in the best interest of the individual, |
|
including: |
|
(A) an alcohol and drug abuse program; |
|
(B) a rehabilitation program; |
|
(C) a counseling program, including |
|
self-improvement counseling; |
|
(D) a program that provides training in |
|
self-esteem and leadership; |
|
(E) a work and job skills training program; |
|
(F) a program that provides training in |
|
parenting, including parental responsibility; |
|
(G) a program that provides training in manners; |
|
(H) a program that provides training in violence |
|
avoidance; |
|
(I) a program that provides sensitivity |
|
training; and |
|
(J) a program that provides training in advocacy |
|
and mentoring; |
|
(3) the individual and the individual's parent attend |
|
a class for students at risk of dropping out of school designed for |
|
both the individual and the individual's parent; |
|
(4) the individual complete reasonable community |
|
service requirements; or |
|
(5) for the total number of hours ordered by the court, |
|
the individual participate in a tutorial program covering the |
|
academic subjects in which the student is enrolled provided by the |
|
school the individual attends. |
|
(i) A county, justice, or municipal court shall dismiss the |
|
complaint against an individual alleging that the individual has |
|
engaged in conduct that violates [committed an offense under] |
|
Section 25.094, Education Code, if: |
|
(1) the court finds that the individual has |
|
successfully complied with the conditions imposed on the individual |
|
by the court under this article; or |
|
(2) the individual presents to the court proof that |
|
the individual has obtained a high school diploma or a high school |
|
equivalency certificate. |
|
SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
|
Procedure, is amended by adding Article 45.0541 to read as follows: |
|
Art. 45.0541. AUTOMATIC EXPUNCTION OF TRUANCY RECORDS. (a) |
|
In this article, "truancy offense" means an offense committed under |
|
Section 25.094, Education Code. |
|
(b) An individual who has been convicted of a truancy |
|
offense or has had a complaint for a truancy offense dismissed is |
|
entitled to have the conviction or complaint and records relating |
|
to the conviction or complaint automatically expunged. |
|
(c) The court in which the individual was convicted or a |
|
complaint for a truancy offense was filed shall order the |
|
conviction, complaints, verdicts, sentences, and other documents |
|
relating to the offense, including any documents in the possession |
|
of a school district or law enforcement agency, to be expunged from |
|
the individual's record. After entry of the order, the individual |
|
is released from all disabilities resulting from the conviction or |
|
complaint, and the conviction or complaint may not be shown or made |
|
known for any purpose. The court shall inform the individual of the |
|
expunction. |
|
SECTION 4. Article 102.014(d), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(d) A person convicted of an offense under Section 25.093, |
|
Education Code, or found to have engaged in conduct that violates |
|
Section 25.094, Education Code, shall pay as taxable court costs |
|
$20 in addition to other taxable court costs. The additional court |
|
costs under this subsection shall be collected in the same manner |
|
that other fines and taxable court costs in the case are collected. |
|
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 and, if |
|
applicable, progressive truancy interventions adopted under |
|
Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures and, if |
|
applicable, progressive truancy interventions 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 and, if |
|
applicable, progressive truancy interventions adopted under |
|
Section 25.0915 to the student; and |
|
(B) if the truancy prevention measures and, if |
|
applicable, progressive truancy interventions 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. The heading to Section 25.0915, Education Code, |
|
is amended to read as follows: |
|
Sec. 25.0915. TRUANCY PREVENTION MEASURES AND PROGRESSIVE |
|
TRUANCY INTERVENTIONS; REFERRAL AND FILING REQUIREMENT. |
|
SECTION 7. Sections 25.0915(a), (b), and (c), Education |
|
Code, are amended to read as follows: |
|
(a) A school district shall adopt truancy prevention |
|
measures and may adopt progressive truancy interventions for |
|
students who violate compulsory attendance requirements that are |
|
designed to: |
|
(1) address student conduct related to truancy in the |
|
school setting; |
|
(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 the truancy prevention |
|
measures and, if applicable, the progressive truancy interventions |
|
adopted under Subsection (a) to the student; and |
|
(B) the truancy prevention measures and, if |
|
applicable, the progressive truancy interventions 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. |
|
(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), does not satisfy the elements required for the |
|
offense, is not timely filed, or is otherwise defective. A |
|
dismissal under this section must be made before a hearing of the |
|
complaint or referral is scheduled and without requiring the |
|
presence of the defendant. |
|
SECTION 8. Subchapter C, Chapter 25, Education Code, is |
|
amended by adding Section 25.0917 to read as follows: |
|
Sec. 25.0917. PROGRESSIVE TRUANCY INTERVENTION SYSTEM. (a) |
|
A system of progressive interventions for truancy adopted by a |
|
school district under Section 25.0915 must include at least three |
|
tiers of interventions. |
|
(b) A school district may apply the first tier of |
|
interventions to a student who has at least three unexcused |
|
absences within a school year, and may apply successive tiers of |
|
interventions to the student if the student continues to accumulate |
|
unexcused absences following the application of the first tier |
|
consequences. |
|
(c) The first tier of progressive truancy interventions |
|
must include: |
|
(1) a conference with the student, the student's |
|
parent or guardian, and an employee of the school that the student |
|
attends and regularly scheduled follow-up meetings to assess the |
|
student's progress; and |
|
(2) an attendance contract, signed by the attendees of |
|
the conference under Subdivision (1), that includes: |
|
(A) a description of the attendance expectations |
|
that the school has for the student; |
|
(B) the period for which the contract is in |
|
effect, not to exceed 45 days following the date the contract is |
|
signed; and |
|
(C) a description of the consequences that may be |
|
imposed on the student if the student accumulates additional |
|
absences or commits school offenses, which may include additional |
|
disciplinary actions or a referral to juvenile court. |
|
(d) At least one of the tiers of truancy interventions after |
|
the first tier must include an individualized assessment of the |
|
student by a school employee that: |
|
(1) identifies the reasons that the student has |
|
accumulated unexcused absences; |
|
(2) refers the student to counseling, if necessary; |
|
and |
|
(3) refers the student to any services, including |
|
school-sponsored or community-based services, that focus on |
|
addressing the student's absences from school. |
|
(e) The consequences imposed on a student who has |
|
accumulated additional unexcused absences following the |
|
application of the first tier of progressive truancy intervention |
|
consequences may include: |
|
(1) school-based community service; |
|
(2) participation in a school-based restorative |
|
justice program; |
|
(3) referral to a school-based teen court; |
|
(4) weekend courses designed to improve attendance and |
|
behavior; |
|
(5) if the student is eligible for or is receiving |
|
special education services under Subchapter A, Chapter 29, from a |
|
school district, or is covered by Section 504, Rehabilitation Act |
|
of 1973 (29 U.S.C. Section 794), a full reevaluation under Section |
|
29.004 or under Section 504 of the Rehabilitation Act of 1973, as |
|
appropriate, or an assessment of the student's individualized |
|
education program to address the causes of the student's unexcused |
|
absences, as necessary; or |
|
(6) if the student is not receiving special education |
|
services from a school district, an initial evaluation for special |
|
education services under Section 29.004 or under Section 504, |
|
Rehabilitation Act of 1973 (29 U.S.C. Section 794), as appropriate. |
|
SECTION 9. Section 25.094, Education Code, is amended by |
|
amending Subsections (a), (b), (c), (d-1), (f), and (g) and adding |
|
Subsections (e-1) and (e-2) to read as follows: |
|
(a) An individual is liable to the state for a civil penalty |
|
not to exceed $100 [commits an offense] if the individual: |
|
(1) is 12 years of age or older and younger than 18 |
|
years of age; |
|
(2) is required to attend school under Section 25.085; |
|
and |
|
(3) fails to attend 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. |
|
(b) An action [offense] under this section may be brought |
|
[prosecuted] in: |
|
(1) the constitutional county court of the county in |
|
which the individual resides or in which the school is located, if |
|
the county has a population of 1.75 million or more; |
|
(2) a justice court of any precinct in the county in |
|
which the individual resides or in which the school is located; or |
|
(3) a municipal court in the municipality in which the |
|
individual resides or in which the school is located. |
|
(c) On a finding by the county, justice, or municipal court |
|
[that the individual has committed an offense under Subsection (a)
|
|
or on a finding by a juvenile court in a county with a population of
|
|
less than 100,000] that the individual has engaged in conduct that |
|
violates Subsection (a), the court may enter an order that includes |
|
one or more of the requirements listed in Article 45.054, Code of |
|
Criminal Procedure[, as added by Chapter 1514, Acts of the 77th
|
|
Legislature, Regular Session, 2001]. |
|
(d-1) Pursuant to an order of the county, justice, or |
|
municipal court based on an affidavit showing probable cause to |
|
believe that an individual has violated [committed an offense
|
|
under] this section, a peace officer may issue a citation or take |
|
the individual into custody. A peace officer taking an individual |
|
into custody under this subsection shall: |
|
(1) promptly notify the individual's parent, guardian, |
|
or custodian of the officer's action and the reason for that action; |
|
and |
|
(2) without unnecessary delay: |
|
(A) release the individual to the individual's |
|
parent, guardian, or custodian or to another responsible adult, if |
|
the person promises to bring the individual to the county, justice, |
|
or municipal court as requested by the court; or |
|
(B) bring the individual to a county, justice, or |
|
municipal court with venue over the offense. |
|
(e-1) The imposition of a civil penalty under this section |
|
is not a conviction and may not be considered a conviction for any |
|
purpose. |
|
(e-2) The district or county attorney of the county in which |
|
the conduct described by this section is alleged to have occurred |
|
shall bring an action in a county, justice, or municipal court to |
|
collect the civil penalty of a person who is taken into custody or |
|
is issued a citation for a violation under this section. |
|
(f) It is a [an affirmative] defense [to prosecution] under |
|
this section that one or more of the absences required to be proven |
|
under Subsection (a) were excused by a school official or by the |
|
court or that one or more of the absences were involuntary, but only |
|
if there is an insufficient number of unexcused or voluntary |
|
absences remaining to constitute an offense under this section. The |
|
burden is on the respondent [defendant] to show by a preponderance |
|
of the evidence that the absence has been excused or that the |
|
absence was involuntary. A decision by the court to excuse an |
|
absence for purposes of this section does not affect the ability of |
|
the school district to determine whether to excuse the absence for |
|
another purpose. |
|
(g) It is a [an affirmative] defense [to prosecution] under |
|
this section that one or more of the absences required to be proven |
|
under Subsection (a) was involuntary. The burden is on the |
|
respondent [defendant] to show by a preponderance of the evidence |
|
that the absence was involuntary. |
|
SECTION 10. Sections 25.095(a) and (c), 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 an action brought |
|
[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 indicating a need for supervision [that violates that
|
|
section]. |
|
(c) The fact that a parent did not receive a notice under |
|
Subsection (a) or (b) does not create a defense to prosecution under |
|
Section 25.093, a defense to an action brought under Section [or] |
|
25.094, or a defense in a disposition hearing on an issue as to |
|
whether the child engaged in conduct indicating a need for |
|
supervision. |
|
SECTION 11. Sections 25.0951(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) If a student fails to attend school without excuse on 10 |
|
or more days or parts of days within a six-month period in the same |
|
school year, a school district may [shall] within 10 school days of |
|
the student's most recent [10th] absence: |
|
(1) file a complaint against the [student or the] |
|
student's parent [or both] in a county, justice, or municipal court |
|
for an offense under Section 25.093, bring an action in a county, |
|
justice, or municipal court for conduct that violates Section [or] |
|
25.094, [as appropriate,] or refer the student to a juvenile court |
|
for a determination as to whether the child engaged in conduct |
|
indicating a need for supervision [in a county with a population of
|
|
less than 100,000 for conduct that violates Section 25.094]; or |
|
(2) refer the student to a juvenile court for conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code. |
|
(b) If a student fails to attend school without excuse on |
|
three or more days or parts of days within a four-week period but |
|
does not fail to attend school for the time described by Subsection |
|
(a), the school district may: |
|
(1) file a complaint against the [student or the] |
|
student's parent [or both] in a county, justice, or municipal court |
|
for an offense under Section 25.093, bring an action in a county, |
|
justice, or municipal court for conduct that violates Section [or] |
|
25.094, [as appropriate,] or refer the student to a juvenile court |
|
for a determination as to whether the child engaged in conduct |
|
indicating a need for supervision [in a county with a population of
|
|
less than 100,000 for conduct that violates Section 25.094]; or |
|
(2) refer the student to a juvenile court for conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code. |
|
SECTION 12. 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 13. Sections 54.021(b), (c), (d), and (e), Family |
|
Code, are amended to read as follows: |
|
(b) A county, justice, or municipal court may exercise |
|
jurisdiction over a person alleged to have engaged in conduct |
|
indicating a need for supervision by engaging in conduct described |
|
in Section 51.03(b)(2) in a case where: |
|
(1) the person is 12 years of age or older; |
|
(2) the juvenile court has waived its original |
|
jurisdiction under this section; and |
|
(3) an action [a complaint] is filed by the |
|
appropriate authority in the county, justice, or municipal court |
|
for a violation [charging an offense] under Section 25.094, |
|
Education Code. |
|
(c) A proceeding in a county, justice, or municipal court on |
|
a complaint charging conduct that violates [an offense under] |
|
Section 25.094, Education Code, is governed by Chapter 45, Code of |
|
Criminal Procedure. |
|
(d) Notwithstanding any other law, the costs assessed in a |
|
case filed in or transferred to a constitutional county court for an |
|
offense under Section 25.093, Education Code, or for conduct that |
|
violates Section 25.094, Education Code, must be the same as the |
|
costs assessed for a case filed in a justice court for an offense |
|
under Section 25.093, Education Code, or for conduct that violates |
|
Section 25.094, Education Code. |
|
(e) The proceedings before a constitutional county court |
|
related to an offense under Section 25.093, Education Code, or |
|
conduct that violates Section 25.094, Education Code, may be |
|
recorded in any manner provided by Section 30.00010, Government |
|
Code, for recording proceedings in a municipal court of record. |
|
SECTION 14. Section 54.1955, Government Code, 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; |
|
(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, Education Code, or an action brought under Section 25.094, |
|
Education Code, a magistrate may not rule on the issue but may make |
|
findings, conclusions, and recommendations on the issue. |
|
SECTION 15. 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 16. Section 103.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or |
|
defendant, or a party to a civil suit, as applicable, shall pay the |
|
following fees and costs under the Code of Criminal Procedure if |
|
ordered by the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the state electronic Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
[(20-b)
a fee to defray the cost of notifying state
|
|
agencies of orders of expunction (Art. 45.055, Code of Criminal
|
|
Procedure) .
.
. $30 per application;] |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; and |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due. |
|
SECTION 17. The following provisions are repealed: |
|
(1) Article 45.055, Code of Criminal Procedure; and |
|
(2) Section 25.094(e), Education Code. |
|
SECTION 18. The changes in law made by this Act apply to a |
|
person taken into custody or issued a citation on or after the |
|
effective date of this Act, regardless of whether the conduct for |
|
which the person was taken into custody or issued a citation |
|
occurred before, on, or after that date. |
|
SECTION 19. This Act takes effect September 1, 2015. |