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A BILL TO BE ENTITLED
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AN ACT
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relating to dismissal of charges of failure to attend school or |
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parent contributing to nonattendance. |
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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 45.0531 to read as follows: |
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Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO |
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NONATTENDANCE OR FAILURE TO ATTEND SCHOOL CHARGE. Notwithstanding |
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any other law, a county, justice, or municipal court, at the court's |
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discretion, may dismiss a charge against a defendant alleging the |
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defendant committed an offense under Section 25.093 or 25.094, |
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Education Code, if the court finds that a dismissal would be in the |
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interest of justice because: |
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(1) there is a low likelihood of recidivism by the |
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defendant; or |
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(2) sufficient justification exists for the failure to |
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attend school. |
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SECTION 2. Section 54.03, Family Code, is amended by adding |
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Subsection (g-1) to read as follows: |
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(g-1) If the child is alleged to have engaged in conduct |
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indicating a need for supervision under Section 51.03(b)(2), the |
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court, at the court's discretion, may dismiss the case with |
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prejudice if the court finds that a dismissal would be in the |
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interest of justice because: |
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(1) there is a low likelihood of recidivism by the |
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defendant; or |
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(2) sufficient justification exists for the failure to |
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attend school. |
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SECTION 3. (a) Article 45.0531, Code of Criminal |
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Procedure, as added by this Act, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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(b) Section 54.03(g-1), Family Code, as added by this Act, |
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applies only to conduct that occurs on or after the effective date |
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of this Act. Conduct that occurs before the effective date of this |
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Act is governed by the law in effect at the time the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For the purposes of this section, conduct occurs before |
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the effective date of this Act if any element of the conduct |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |